The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-02-20
TIE DISPATCH BUILDING Is ON Co
VERNON STREET, NEAR TO MAIN, AND
NEARLY OPPOSITE THE OLD DISPATCH
CORNER.
The Governors Message.

The Governors Message.
The following Is he substance of the report
If the Judiciary Committee of the House of
delegates, to whom was referred the Co.
,erncrs message making nominations for the
vacant judicial Offices
The Committee, after acknowledging the
frankness of the Governor in allowing that
there is difference of opinion as TO the con-
stitutional mode of making the nominat ions,
quote the clause Of the Constitution in ques-
tion-"The Judges shall be chosen by the joint
vote of the two Houses of the General Assem-
bly, from persons nominated by the Co.
yernor'-and then proceed to discuss It's true
Interpretation, stating, however, that the IAN
cuage of the Constitution of the United States
in reference TO the appointment of Judges is
entirely different, and cannot be coincident IN
its meaning with the clause extracted from the
Constitution of Virginia.
The committee state that the duty TO be
performed is of Il two-fold character that OF
the Governor being preparatory, and sach
that the General Assembly may follow ana
discharge its correspondent duty. "Ihe es-
sence Of the Governors actionis the homiha-
ton the essence of the action of the Gene
raj Assembly is it's choice. A nomination mat
does not enable the General Assembly fuliy
and perfectly to perform its duty OF cholcei Is
not. in our opinion, q constitutional nomina-
ton
The committee then discuss the pathological
character of the word q chosen" and refer to
the choice Of ADAM between good and evil;
that Of the Jews between the malefactor and
the Saviour; that of the child who drops
marble TO clutch the gold, and in other instances
in daily life in each Of which there is dis
tinct and positive choice, and say this Gene
raj Assembly is constrained TO choose between
their duty on the one hand, and their anxious
desire to meet the wishes of u coordinate
branch of the Government on the other
"Nor would the language Of the Constitu-
ton be satisfied by the construction when
allows Of the nomination of one person, ana, IN
case of his rejection, then by a nomination OF
another. This would be surely not choice
from persons nominated by the Governor, but
simply the acceptance or rejection OF single
person, and not comparison or choice between
present and competing things. And we can
not but express our apprehension that the con-
struction we are contesting would transfer, In
its practical operation, the appointing power to
the Executive. Such is the practical operation
under the Federal Government, but we cannot
think that such was the intention of the
trainers of our Constitution. jealousy OF the
Executive is deeply impressed on the past his
tory of the State and the spirit of it's institu-
tons During eighty eight Of the ninety years
of it's existence, the choice of judges was made
either BY the representatives of the people or
by the people themselves. 1t is only within
the last two years that the Executive has been
allowed to participate in it at ALL"
The committee then state that cit cannot
n,,f IN
dwarf the General Assembly into n mere
advisory council, and to confer on the Cover
nor all the substantial power of appointment.
Looking TO another.clause of the Constitution,
which confers on the Executive the power of
filling, during the recess of the General
Assembly, all vacancies, no matter how or
when they happen, it cannot be doubted that
the Governor may, on the rejection of his
nominee and the close of the session OF the
General Assembly, appoint his fayorite to
the office. At the next session OF the General
Assembly the same form may be observed, and
with the same result" eve cannot believe
that the Constitution gives the power to an
ambitious and unprincipled Executive, II 1t
had been our misfortune TO have had such an
one in place Of the present patriotic incum-
bent-to exclude from the bench, without
check or control, all it's honesty, purity, and
independence, and to fill all judicial offices,
and to keep them filled during his term OF
Office, with his fayorites and creatures" The
executive and legislative departments may be
allowed to have some jealousy of each other,
but each should cheerfully accord to the other
all its rights and powers. The General
Assembly cannot, as we think, make a consti-
tutional choice until the Governor nominate
more persons than one to each office. On the
other hand as we most respectfully suggest,
the Executive may, without derogation of
dignity, or any abuse or stretch of the nomi-
mating power, in each case present plural
nomination for our action"
The committee then say: eve cheerfully
express our belief, however, that in most if
not in all the cases the names presented to us
are such as TO eyince the wisdom and patriotic
purpose of the Executive. Our main regret
is that he did not send US more names of the
same sort for each Office"
In conclusion, the committee recommended
the following resolutions:
81 RESOLVED 6y The House Of Delegates, the Senate
cOnc,Tring, That the nomination OF single
person for one judegship is not such nomina-
ton as is contemplated by the Constitution,
and therefore it is not within our constitu-
tional power to act on such nomination.
50. Resolved That the Speaker OF the House
and the President of the Senate be requested TO
communicate the foregoing resolution to the
Governor"
This report was submitted to the House, and
substitute therefore was adopted, as reported
in the legislative proceedings.
Through Trade md Travel.
1t will be found by examination Of the pro-
ceedings of the Senate that the bill incorpo-
rating the Petersburg and Richmond Railroad
Connection Company was fayorably reported
on yesterday from the Committee on Roads and
Internal Nayipafinn The comnanY receive no