Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-11-27
VIRGINIA STATE CONVENTION.

The Convention re-s-semtled a. 10 O'Clock.
Prayer by Rev Dr.. j. La Burrows of the LIST Baptist
| Church.
TIE MILITIA
On motion of Mr.. RANDOLPH, the ordinance for the
rsorgaDiz ton Of tie mlis made the order of the
day during the morning hour, until the consideration
| thereof shall be completed.
| TIE JUDICIARY.
The Convention resumed the consideration OF the 9Th
article of the Constitution, organizing the judicial
branch Of the Government.
| Mr. HOLCOkBE proposed to amend the report Of the
Committee In the LIST section so to cause the first
clause thereof to read as follows:
"The judicial power shall be vested In Supreme
Court of Appeals such Superior Courts as me GsneTai
A,,embly may from time TO tins ordan AVID establish,
and the Judges thereof in the county and corporation
courts IN the Justices Of the peace and in the mags.
tratss who may belong to corporate bodies"
Mr. WYS0R accepted this proposition for the amend
| ment submitted by him yesterday
Mr CONRAD, Of Frederick, moved to amend the
amendment by striking out the words in Italics aud in-
serng "suoh special and other intermediate courts as
may be hereafter established by the Legislature under
| this Constitution"
After debate, participated in by several MEMBERS the
| amendment proposed by Mr.. CONRAD, was r. jected
The question was next put the amendment submit
ted by Mr.. HoLcoNBE, and was decided in the mega
tive.
Several other anendmsR's proposed and rejected
On motion of Mr. STUART, the section was amended
by inserting IN the clause providing 1Or spechi OOure
Of Appeal words "formed Of the Judges Of the So.
preme Court Of Appeals and Of the Circuit COURT or any
| of them"
TIE section. as amended, was adopted rs follows:
q. Tnejudicsl power shall be vested in Supreme
Court of Appeals in the Circuit Court and the judges
thereof in the county and corporation Courts 10 the ns-
tees Of the peace and in the magistrates who may bs-
| long to corporate bodies. The General Assembly may
also constitute special Courts Of Appeal to consist of not
less than three more than five judges, formed OF
49, IA, II and ,f
Circuit Courts any OF them to try any cases that may
be the docket Of tho Supreme Court Of Appeals 10
respect to which minority Of the judges OF that Court
may be situated TO make it improper for them TO
sit in the hearrg thereof and also to try any
the ssd docket which cannot otherwise be disposed OF
| With convenient Dispatch"
The second section was amended and adopted as TO
| rad az f,llp-s:
O. The jurisdiction OF these tribunals ofthe judges snd
jus ices thereof and Of thu magistrates Of the corporate
bodies shall be regulated by law eIcep. that the su-
preme Court Of Appeals sh have appellate jurisdiction
lly Jules in Of habsds corpus, mandamus, nd
prohibitions 1t shall not have jurisdiction in civil cases
where the matter in controversy, exclusive OF coss Is
less than three hundred dollars except in controversies
concerning the title boundaries OF land the probat OF
& will tho appointment qualification OF personal
preventative, guardian committee curator; or con.
corning mill roadway ferry, or lsudiug, or the right
OF corporation, Of q county 10 levy tolls and taxs
nj except in Of hdbsas corpus mdndanIus, and
proon and cases involving freedom or the constitu.
| tionality Of law"
The next section was adopted as follows:
IS. The Supreme Court Of Appeals shall consist Of
| five judges, three or more Of whom may make quo.
rumh
The next section was amended, and adopted as to
read
| a. The State shall be divided into NOT less than
twenty one judicial circuits but the number of circuits
shall not be increased except by concurrent vote Of
majority Of all the members elected to both branches OF
the General Assembly"
The present arrangement of the circuits was slrck
en- out as q cons ,quential amendment.
Mr. PRICE moved amend the next section preeorib
ing the mode Of elecpg the judges, by striking out the
words Commissioned by the Governor" and inserting
appointed by the pint vote OF the two Houses Of the
General Assembly"
NJ. TREDwAY moved to amend the amendment by
inserting selected by the Senate Of Virginia" Reec
ted-y'ae NAYS 81.
The amendmen. submitted ny NJ. PRrcr was then
agreed to. BY nearly unanimous vote.
Mr.. KENT, Of Wythe subatted an amendment for
the entire section, viz:
"The Judges of the Supreme Court OF Appesls shsIl
b. elected BY III vote OF the Houses OF the Gen.
sra Assemly and the judges Of the Circuit Courts
hail be elected by he voers Of thei respective circuits
They shall held their Offices during good behavior, un
I'll they arrive at the age Of years etc
Mr.. saEFFEY, Of smytb offered the following as
substitute for the amendment
"The ia iges of the Supreme Court Of Appeals shall
be elected by joint vote Of the two Houses Of the Gen.
eral Assembly and shall hold their offices for fifteen
years or until removed In the prescribed in this
Constitutions tho judges Of the Circuit Courts shall be
elected by the people Of their circuits and
shall hold their Offices for twelve years. etc.
The proposition rejected-yeas T. pavs SO. Those
who voted In the affirmative Messrs Ccfmau. Conn,
Cresap, Gusts Cyrus Hail. Miller, Shelby and Woods.
The question then required upon the adoption Of the
anne dneu submitted by Mr. KENT but Mr. PRICE asked
division Of the Question and it was, accordingly first
put on the motion to strike out the section as already
amended. THE question decided in the negative
yeas 10, nays rs Those who voted in the aft NATIVE
are Messrs Cofman, Conn, Cresap, Dormsn, Goode,
Raymond. Heck, Holiday, Hull, Kent, Klby Mcneil,
Marshall, Miller, Morgan, Shelley, Thornton, Whitfield,
and Woods.
The e,ct of this vote was retain the section as
msnded which now read as follows:
'5 The Judges Of the Supreme Court OF Appeals and
# the Circuit Courts SHALL M APPOINTED
VOTE or TUE TWO HOUSES OF THE GENERAL ASSEMBLY,
ond she'll hold their Offices during good behavior or
I'll they arrive at the age Of seventy years until renov
ed in the manner prescribed in this Constitution ard
shall at the same time hold other office, appointment
o. public trust and the acceptance thereof by either Of
them shall varate his judicial Office"
Mr. SPEED moved to striks out the words, cor until
they arrive a. the age of seventy years. in the clause
regulating the terms of otice. Negatived
TAXATION.
NJ sUTHERLIN presented an amendment which he
designed to submit; to the section concerning taxation
viz:
Nor shall licenses for any mercantile manufacturing
business (uness the privilege Of manufacturing ceiling
BY retail wine ardent spirits mixture thereof be
included therein DO taxed at higher rate than the
capital employed in such business would otherwise be
: On On motion of Mr.. PESDLEfoN, til. Convention I'D.
journed.
From The LONDON Saturday Rsuisv.
AN OLD CH APTER REWRITTEN.
II the Gods sometimes destroy men BY granting
foolish PRAYER they also sometimes spare them by reec
ting It. For several years the King and the people Of