The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-12
An Important Matter

I F.a. -
tinguished lawyer: -
w. W. Henry, Esq:
Sir.-If the General Assembly sfloulu con
cludc to fake up for consideration anu as-
tion the subject OF constitutional ainsnI.
lmcnfs. there is one change when tllin y;
ought to receive the unanimous SANCTION VI
both houses. .,ro the
The Constitution, as 1t stood neioIe III. sne
war-articIe 4, section 27-pIoYlueu 'aa'
:. on the passage OF every act Will n m
poses, continues, or reuaUes tu1, y. ""' -,
re,,;,ss ana authorization of public or trust
money or property, or releases, discharges,
~ co;nmutes any. claim OF demand OF the
| state. the vote shall be determined py yeas
and NAYS, and the names OF the persons
voting for and against the same shall DC en-
tered on the journals of the Respective
houses, and majority OF all the members
elected to each house shall be necessary 10
give it the force OF law" a
This was very valuable provision, ana
tended greatly to guard tho State against
spoliation. ,oo- 1or
tool; the task OF rcmodclling the CoDstitu'
tion il made very material changes IN tnis
sanitary section. 1t now reads us lolio"s
Article X, section IL. ION the passage OF
every act which imposes, continues, or re-
v;res anu appropriation, or releases, ols,
charges, or cOmmutes any claim or dch!ah u
of the State, the vote shall be determined
by ayes and noes" &c. ,
Under the old Constitution it required
recorded vote of majority OF all the mem
hers elected to each house to impose con-
t;nue. or reuiue tau, or to create deot OF
charqe, or to make, continue, or revive any
appropriation, &c.
Hinder the present Constitution a OdTe
mojoritv Of a bare quorum OF each mousse
without even a recorded vote, may IMPOSE,
continue, or TeUiUe any tax, or may CTeuIe
anu de6t or charge against the Coulnlon,
wealth. AS it requires only 81 meinDeis y,
the House Of Delegates to CONSTITUTE "a q
quorum. and % members OF tue SENATE, 81
members Of the House and II members Va
the Senate may, under the Conse',utlou 90
| it now stands, impose the most oul.non
some tax, or create the most oneious 'n"' :
or debt, against the State. tain,
I am unable to say what motives lnhu-
enced the Convention OF 1861 TO ii''he Iui i,
mischieyous change in our tundameh1,al
law II NAV have been intended to facill-
fate schemes of plumber, or 1T may nave
mischief. BE that as it may, l think all
thoughtful men will admit the change TO DC
dangerous to the best interests OF the puDilc.
The provision requiring q recorded Vote
OF siytv-seven to make an dppropraatton Of
mouev affords very insufficient protection
TO the Treasury. II you allow thlrty-1ouf 10
create A charqe on the Treasury, the sixty
seven will be compelled to appropriate the
money to meet that charge. The creation
OF the charge is the essential matter. Inc
making OF the appropriation is an I'M
ayoidaDIe consequence. Hence we ma lhe
extraordinary anomaly in the, Constitution
that the important power OF laying tax or
creating charge on the Treasury may be
exercised by the small number OF thirty
four IN the House and twelve in the Senate,
while the secondary and almost coliSc-
qucnlial function. OF making Inc dppfo,
irritation TO meet that charge can be cXercised
OILY by recorded vote OF slXty-scVen I'D
the House and twenty-five in the Senate!
This is no mere speculative abstraction.
| have known it to lead TO mlschlcvous
practical results. In che case new Jun.
ccial distric; was established by the vote OF
less than forty members OF the house,
thereby cntaiIing Il perpetual charge OF
over $1,000 per annum OH The treasury
when tie same bill had been defeated IN
full House. On an Indictment day, when
the House was thin, the vote rejecting the
bill was rcconsidered, and the bill passed
bv very few more than majority OF q quo
rum.
The bill having thus been passed, and the
charge on the Treasury being created, by a
| traction OF the House, there was no alter
native left to the majority but to make the
appropriation to meet it.
Similar cases may occur in future, and 1t
| is OF the utmost Importance that the remedy
should be applied by restoring the safe
guards provided by the Constitution OF 1891.
| A VOTER.