Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-06

@XLVI1. The counties Of Wetzel, Marshall
Mnrion and Tyler shall form another district
XVIII. The counties Of Upshur, Barbour
Lewis, Gilmer and Randolph shall form another
district:
XIX. The counties of Monongalia, Pres
ton and Taylor form another district:
L. The counties of Brooke, Hancock ans
Ohio shall form another district:
Mr.. STUART.-In regard to the subject o
re-apportionmcnt Of representation, | propose
that that be passed over for the present. ant
that we proceed with the next succeeding
section.
The proposition was agreed to.
The Secretary then read the 7th section
which relates to the qualifications OF Senators
and Delegates, az follows:
"Any person may be elected Senator, who
at the time Of election, has attained the age o
twenty-five years, and is actually a resident
within the district and qualified to vote FOL
members of b e'General Assembly, according
to this Constitution and any person may b
elected o member Of the House OF Delegates
who at the time Of election, has attained
the age of twenty one years, and is actually
resident within the county, city, town, Oh
election district, qualified to vote for members
Of the General Assembly according to THU
Constitution ; but no person holding q lucrative
office, no minister Of the gospel or priest o.
any religious denomination, no sslarled officer
Of any banking corporation or company, shall
DO capable OF being elected a member o
either house of Assembly. The removal OF any
person elected to either branch Of tho Genera
Assembly from tho county, city, town OF
district for which he was elected, shall Vacate
his Office"
There being no change made in that, the
next section vas read as follows
POWERS AND DUTIES OF TIE GENERAL ASSEMBLY
"The General Assembly shall meet once 10
every year, and not ~ofterer, unless convened by
the Governor in the manner prescribed in this
Constitution. Neither house, during the session
CT the General Assembly shall, without the con-
sent of the other, adjourn for more than three
DAVIS, ncr IL any other place than that in
which the two houses shall be sitting. A me-
jsrity Of zach house shall constitute a quorum
10 do business, but q smaller number may ad-
journ from day 10 day, and shall be authorized
10 compel the attendance Of absent members
in such manner and under such penalties as
each house may provide"
Mr.. PRIcg-Tne only important change in
that IL the introduction Of the word once" 10
conformity with the change from biennial to
annual sessions Of the General Assembly.
Mr.. DokNAN.-I see no limitation put in as
to the length Of time which the Legislature
may sit.
Mr.. SruART.-I was not aware that this sub.
ject was embraced in this clause, not having
my note upon my copy Of the Constltu'
ton.
The committee did not design to report to
this Convention 4 proposition to limit the ses-
sions Of the General Assembly. We have
found, | think, from experience, that that limi-
tation does not work well, and the committee
deemed it better to put in tho clause without
Limitation.
Mr.. DORNAN.-1h have not a copy Of the old
Constitution now to refer to the present limit.
My recollection is, that it is 80 days, with Il
privilege to extend the session 20 days more
by o vote Of three ffths Of both Houses. The
Governor has, in addition, the power to call an
extra session. My own inclination is, to limit
the period of the session Of the Legislature,
and for this reason, that after this war is over
We will not have anything like the business to
he transacted which devolTed heretofore upon
that body. cannot see any necessity for ex.
tSlbuIilH tllE perl u u tlS SCSolDH OE) Ouu ~
days. If the Legislature itself chooses to ex-
tend il, they can 30 sc, By q vote OF three tiltns.
In order TO test the sense Of the House, upon
the question, ! will move to re insert the lirni
tation contained in the old Constitution, which
reads:
The General Assembly shall meet once in
every two years, and not ~oftener, unless con.
vcned by the Governor in the manner pre-
scr:bed in this Constitution. No session Of
tho General Assembly, after the first under
this Constitution, shall continue longer than
ninety days, without the concurrence Of three
Hfihs OF the members elected to each house, in
which case the session may be extended
thirty days"
| propose to insert these words in the 9th
section after the word Constitution" in tho
Sdlino.
Mr.. ScoTr, of Fauqnicr.-I have been op.
posed to this and come other restrictions con.
tained in this section upon the General Assem-.
bly,. This practically proceeds upon the idea
that persons chosen by the people to represent
them in the General Assembly would be guilty
of an abuse Of their power. We have provi-
ded now for annual elections, and | think that
We can leave the correction of abuses to the
constituent body. 1t is impossible to foresee
wha. necessities for legislation will arise in the
future. These trammcls upon the legislative
power serve only to obstruct the business Of
legislation; and I do not think that We can
correct abuses by this proposed limitation. -
| must prefer trusting this matter to toe dis
erection, good sense and patriotism Of those
whom The people may choose and il that
trust shall DC wrongly placed, / think we
should leave the correction of it to the people
themselves.
lido not believe that the legislative business
of this Common wealth can be wisely and ma
turoly conducted within the limits of ninety
days. l think that this is our experience, and
we come to deal with this limitation, aided BY
its actual trials for a number of years.
Without OBTAINING the Convention by or
tending this argument I repeat that I think
this limitation is one which stands condemned
By our own experience.
Mr.. CARrEK-This matter Of experience,
sir, varies with individuals, not only upon the
subject o! legislation. but on almost every other
Subject. My experience will conduct me in
one direction, whilst tho experience Of others
will carry them in another.
Now, sir, | have had some little experience
ii tae legislation Of Virginia, and | give it IN
he;itatinsly as my opinion that ninety days is
ample time for tho general legislation of the
State, and that this amendment which has
been offered by the gentleman FROM Rock
bridge, CIR. DoRXAN,) ought to be adopted.
Sir, the gentleman from Fauquier (Mr.
Scorr) says that We ought not to put rcstric.
tons upon the Legislature. Why, sir, what
is the whole object Of this Constitution? 1t is
to PUT restrictions upon the servants Of the
people 80 called, and | know Of no infallibiiity
which exists in the Legislature Of Virginia
whereby they may be exempt from proper,
reasonable and necessary restriction. 1t will
be observed that this restriction of so days
was put in the Constitution of 1850, even after
the Legislature were limited to biennial SIS.
SONS. Nov, we have stricken out the clause
creating biennial sessions and restored the
system Of annual sessions; and the next propo.
sitiur is that we shall strike out all limitation