Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-02-06
coNsTITUTIoNAI 0ONYENTToN
Forty-Fifh Day.
TuEspAT, "a. 5. ~.

H
The remainder of the report of the Ex-
eeutive Committee was after slight amend
ment adopted as follows
3. The Governor shall reside ct the Seat
Enforcement; shall receive two thousand
dollars tor each year of bis service,
and during his Continuance in office,
shall receive no other emoIument from
this or any other Government.
4. The Governor shall be Commander
tu-Chief Of the Military forces of the State;
shall have power to call ont the Militia to
repel Invasion, suppress instruction, and
enforce the execution of the laws shall
conduct IN person, or in such manner as
may De prescribed by law, all intercourse
with other and foreign States and during
the recess of the Legislature, shall fill tenn
porarliy all vacancies in office not other
wise provided for, by commissions to ex-
pire at the end of thirty days after the
! commencement Of the succeeding session
OF the Legislature. he shall take care
that the laws be faithfully executed COM
munieate to the Legislature at each session
thereof the condition of the State recon-
mend TO the consideration of the members
sach measures as he may deem expedient;
and convene the Legislature in extra ses-
sion when in his opinion the interest of
the State may require It. BE shall have
power 70 remit fines and penalties in such
cases aud under such regulations as may
De prescribed by law TO c6mmute capital
punishment, and, except when the prose-
sotlon has been carried on by the House
OF Delegates, to grant reprieTes and par
dons, after conviction; but he shall COM
muntcate TO the Legislature at each session,
the particulars of every case of fine or
penalty RENTED, of punishment commu-
ted, and of reprieve or pardon granted
/ ~ q for
OF granting the same.
0. The Governor may require any infor-
nation in writing from the officers of the
Executive Department, upon any subject
pertaining to their respective Offices, and
also the opiuionin writing of the Attorney
General upon any question of law relating
to the business of the Executive Depart
ment.
6. Returns of the election of Governor
shall oe made in the manner and by the
persons designated by the Legislature, to
the Secretary of the State, who shall deliver
them to the Speaker of the House of Dele
gates, on the first day OF the next session of
the Legislature, who shall, within ten DAYS
thereafter IN the presence of majority of
each House of the Legislature, open the
said returns, when the votes shall be
counted. The person having the highest
number of votes, if duly qualified, shall
be declared elected; but if two or more
shall have the highest and an equal nnm-
Der of votes, one of them shall thereupon
be chosen Governor by the Joint vote of
the two Houses. Contested elections for
i Governor shall be decided by like vote
and the mode OF proceeding in such cases
shall be prescribed by law
z. In case of the removal of the Cover
nor from office, or of his death, failure to
qualify within the time prescribed by law,
resignation, removal from the seat Of Gov.
eminent, or inability to discharge the du-
ties OF the Office, the said Office, with its
compensation, duties aud authority, shall
deTolVe upon the President of the Senate.
and in case of his inability, or failure
from any cause to act, on the Speaker of
the House Of Delegates; and the LegisIa-
ture shall provide by law for the discharge
OF the Executive functions in other neces-
sary cases.
8. A Secretary of tho State to re-
celYe 81 300 per anuum, Treasurer ST.
400, and an Auditor 81, 800, shall be cleo.
ed at the same time and for the same term
as the Governor. Their compensation and
duties, and the mode of making returns of
their election shall be prescribed BY the
Legislature. '1S
Q. The Legislature shall have power to
vest the management and control of tho
works OF Internal Improvement of the
Stnte, the disposition and investment of
the fund arising therefrom, or that may be
created for that purpose, in the Governor.
treasurer aud Auditor, and to prescribe
their duties as Board of Public Works.
10. The Legislature shall have power to
provide for the organization of the Militia.
and the appointment of Militia officers
but the Governor shall nominate, and by
and with the advice aud consent of the
senate shall appoint, all military officers
above the rank of Colonel
Mr. BRoWN of Kauawha, then moved To
take up the unfinished Judicial report and
offered the folloWingas an addition to the
part OF the report to which it relates:
"fhe circuit courts shall have the super
vision and control of all inferior tribunals by
mandamus, prohibition,o or certiorarf They
snail also, In cases not coufided exclusively
Dy this constitution to some other tribunal
nave original and general jurisdiction of
all matters whatsoever at law where the
amount IN controversy exclusive of costs
exceeds twenty dollars, and all cases in
equity, and all crimes aud misdemeanors1
fhey shall also have appellate Jurisdiction
In all cases, civil and criminal. where an
appeal, writ of error, or superceders NAV
be allowed to the judgement or proceed
lngs II any inferior tribunals And thew
shall also have such other jurisdiction an
PerTisory, original, appellate or concnr.
I rent, as may be prescribed by law"
Mr.. SNsEL moved to strike out t1ener-
AZ as relating to the jurisdiction of the
rent"
Rejected.
The Convention then toot, a races,