Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-06
yilI nlvars be found patriotism enough to do


will Iplways be found patriotism enough to DO
what iS right in this cinncctlon.
IT we re!:r II the acb providing Tor the eiec'
ticn of county officers We vii! hod II 10 contain
mere than one object and yet the law Is ,ounu
to wcrk we'll. 'aks it that 1t would % IN
curing 4 aocG deal Of unnecessary LABOR 70
Icgisls-c specially for each. .
Whenever ne members O: the Legislature OF
Virginia became 81 corrupt rs to parpetrase
frauds upon li,aiI constituents, thlnH we may
Us ouli give Up. regard THESE little RESTRICTIONS
upon lie Legislature as entirely unneces-
SaTv.
Mr.. TURNER, Of Jacksor.-1 move to recon
slider the vote by which the amendment onsrea
BY me was rejected. ! voted against it after 1t
vas amended. =,
Thc motion 10 reconsider was agreed TO, and
The anenimer! was asaln before the druse'
Mr. TvRSER.-Tlle gentleman from Green
brier (Mr. pg,cg) seems - think that it is
tru.pmslliug the freedom of the Legislature to
pass such a proposition ss that ol the gentle
maa from Frederick, and that we are not dis
posed 10 trust That body. | am here for the
purpose Of lry ing to l~egislate for the people,
ana not for gentlemen ut the bar and bslng
here for that purpose, | desire to have the 10.
~gisIation of tho country made as plain as pos
Siale. 1t is !or that object alone that sub.
mittcd an amendment to let this section stand
rs it is in the present Constitution; and l
trust, inasnucL as some gentlemen voted IN
; der q lis pprehension, that the vote Will Do
taken main. in such q. manner as 20 secure a
fair and full expression Of the judgment oi LUG
House on this subject.
Mr.. CoSRAp.-l beg leave to make a single
-. $. .h;s ctoIya NJ tho 0IScnSSl0n.
Inc object I have in view in retaining the
nroyision in The old Constitution is not so
much to control the action Of the Legislature
rs to publish to tho people az large the real
condition of the law. The objection made by
,hs Gentleman from Augusta (Mr. STUART to
the amendment, was :has j: unnecessarily IN
creased ;he bulk OF :hc laws Of the annual ses
sio,,s OF the Legislature when published. Now,
the efEsc. is simply !lis:-ihat when en- act is
passed at one SESSION o! the Legislature amend
ing, and perhaps very materially changing, the
former !aE, that provision requires lha. ;ae
amended acs shall be published with the acts
Of tho annual sessions, so as 10 suTe the neccs
sity Of S. a-ching back through former sess!ons
scis for the real state Of the law. That was
,he whole amount Of tile Inconvenience TO
which this provision lead. think it was a
highly important provision; and the whole e.
feet Of the amendment offered by tho gentle
man from Jackson (Mr. TusNER) would be to
require this annual publication of the amended
law, as amended, instead Of a mere reference
to a former Law.
Mr.. MAcrARLAxn.---I think it vii! be a great
deal mora explicit 70 substitute for the *ho:e
provision the amendment which offered 4
lew minutes ag,. hat subsequently, withd:cs.
That amendment proposed that every law SHALL
declare in its title the object 1t has IN view
II will be seen that i! mlll he impossible then
;or any act to pass which has not the attsn'
tian Of the Legislature called to it's provisions.
! suppose our purpose is 70 guard against sae
poss. b!l.ty CT laws beiug enacted BY the Legs
latnre, being surprised Or in some way m's'tl'
If VIC can fail Upon any eZpnilent by which
the distinct attention C tbs Logisisture Will
be called to the provisions OF a Law about to oe
passed, we have done everything which IL is
in our power to effect; fer a body which would
introduce into one bill Inconsistent Objects,
mus. DO supposed TO have not only the poHer,
but the disposition TO pass special bills Tor
these several objects.
Let me suppose, ior example, that il Was The
purpose of the Legislature TO establish . crln
!nll eide. Has it one or two objects n vie" :
Is q lew defining treason and a law defining
larceny e law which has bu. one objcc. in
view app7chcad that gentlemen may well
be cx pcctud 10 differ as TO lhst. While we ell
agree that il is hy 30 means safe or credi!:ble
that the Legislature Of the State, by any pro,
vision Of thus kind, should be rendered null
and void BIZ the action of our judiciary,
admit that it IS 4 laudaale purpose 10 scare
the Legislature from surprise or imposition.
That, I apprehend, will be the effect when
the ,i,la OF the bill is made to detail lis 90
jects and purposes.
If this be not sufficient to secure the end in
view, | dc not kno1 how it il To DO secured.
would, therefore, rcove as G substitute Tor
the whole, .ac following:
Every law shall! declare in It's title the sub
ject thereof"
Mr.. S7uARr.-I will read, by way ci aTgu-
ment, n proposition which I will submit as a
substitute for the clause reported, should the
psading propositions BIZ rejected. Ind that
inc Confederate States Constitution has a pro.
vision uncn this subject, which | think will
better express the object in v:e"' thsn any that
mas been submitted.
Th. provision is this:
EVERY law, or resolution having tee force
OF Lew, shsl! relate to !,u: oac subject, which
shsll be expressed in the title"
Mr.. MAcrARLAxD.-I accept that III lieu Of
nj amendment.
Nj. S7uAgr.-I will move that IS n sabs.i.
trte, then, for the cher proposition.
Mr.. PsSDLETcy.-I do not think the substi-
.ure goes lar enough. / think the purpose
which the gentleman from Richmond (Mr.
M.crAgLAsp,) Expressed himself as having in
y;aw-nsu.cly, 10 put the Legislature upon its
yuard-would be better subserved by the
amendment Of the gentleman fTcm Jackson,
(Mr. TuREER) than tho Fubstl' ute just Cti,Ted.
| shail, therefore, vote !or the amendment: Of
the gentleman frc!n Jackson.
Tie QUESTION Eas then I=ken on tae suostl-
tuts offered b. Mr. STUART. and it ~as decided
in the ntirmst!ga-a?es 80, noes 90.
The section, as amended, was then adopted.
Tho Secretary read sho 18th section, US fol-
lows:
"Thc General Assembly may provide that
no p.cson shall be capable Of holding, or being
elected 10 anJ post Of profit, trust or enolu-
ment, civil or military, legislative, executive
or judicial, under the government Of this Com
mon5ealth, who snail hereafter fight a duel,
or send or accept a challenge to fight 8 duel,
ths probable issue Of which may be the death
Of thu challenger or the challenged, or who
shall be second 20 either party, or sha!! in any
manner aid or assist in such duel, or shall DC
knowingly the bearer Of such Challenge or &C
certance; but no person shall be so disquali-
/ a.d by reason of his having heretofore fought
such duel, or sent or accepted such challenge,
or been sccood to such duel, or bearer Of SUCH
challenge or acceptance"
:. Mr.. MooEs.-I move 10 amend that section
by striking out the words The General AS
ssnbly ,nSy provide that" IN the first line, 60
IS to make il q constitutional provision.
Mr. FIslgR--I hope tho Convention will
not adopt that amendment, fo- il is taking
away f.cu, the General Assembly and the Gov
crncr the pardoning power. 1t seems to me
That every offender ought to have IN oppor:u'
nitv of obtaining the clsmencg sf tho Gov