Wheeling Compiler

CONVENTION.

Tuesday, October 20.

After prayer by the Rev. Mr. Hawks, the Convention, at 12 o'clock was called to order.

JUDICIAL REPORT

Judges Magill from the Committee on the Judicial Department of Government, reported the following resolutions:

1. Resolved, That the Judicial Power shall be vested in a Court of Appeals, in such Inferior Courts, as the Legislature shall, from time to time, ordain and establish, and in the County Courts. The jurisdiction of these tribunals shall be regulated by Law. The Judges of the Court of Appeals and of the Inferior Courts, shall hold their offices during good behaviour, until removed in the manner prescribed in this Constitution and shall at the same time hold no other office, appointment of public trust; and the acceptance thereof by either of them, shall vacate his Judicial office.

No modification or abolition of any Court shall be construed to deprive any Judge thereof of his office, but such Judge shall perform any Judicial duties such the Legislature shall assign to him.

2. Resolved, That the present Judges of the Court of Appeals, Judges of the General Court, and Chancery, remain in office until the end of the first session of the Legislature held under the new Constitution and no longer; but the Legislature shall cause to be paid to such of them as shall not be re-appointed, such sums as from their age, infirmities and past services, shall be deemed reasonable.

3. Resolved, That the Judges of the Court of Appeals and Inferior Courts, except Justices of the County Courts and the Aldermen or other Magistrates of Corporation Courts, shall be elected by the concurrent vote of both Houses of the General Assembly, each House voting separately and having a negative on the other, and the members thereof voting viva voce. The votes of the Members shall be entered on the Journals of their respective Houses. Should the two Houses, in any case, fail to concur in the election of a Judge during the session, the Governor shall decide the election, by appointing one of the two persons who first received a majority of votes in the Houses where they respectively voted for; but if any vacancy should occur during the recess of the General Assembly, the Governor or other person performing the duty of Governor, has power to appoint a person to fill such vacancy, who shall continue in office until the end of the next ensuing session of the General Assembly.

4. Resolved, That the Judges of the Court of Appeals and of the Inferior Courts shall receive fixed and adequate salaries, which shall not be diminished during their continuance in office.

5. Resolved, That in the election of new County Justices of the Peace shall be appointed, in the first instance, as may be prescribed by law. Whenever vacancies shall occur in each county, or if from any cause, be deemed proper to reduce the number, appointments shall be made by the Governor, by and with the consent of the Senate, on the recommendation of the respective county courts.

6. Resolved, That the Clerks of the several Courts shall be appointed by their respective courts, and their tenure of office be prescribed by law.

7. Resolved, That the Judges of the Court of Appeals and of the Inferior Courts, for offending against the State, either by maladministration, corruption or neglect of duty or by any other high crime or misdemeanor, shall be impeachable by the House of Delegates, such impeachment to be executed before the Senate. If found guilty by a majority of two thirds of the whole Senate, such person shall be removed from office. And any Judge so impeached shall be suspended from exercising the functions of his office, until his acquittal or on the impeachment shall be discontinued or withdrawn.

8. Resolved, That the Judges may be removed from office by a vote of the General Assembly; but a majority of two thirds of the whole number of each House must concur in such vote, and the cause of such removal shall be entered on the Journal of each. The Judge against whom the Legislature is about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either House of the General Assembly shall act thereon.

On motion of Mr. Magill, the Report was then ordered to be laid on the table.

EXECUTIVE REPORT

Governor Giles, from the Committee on the Executive Department of the Constitution, reported the following resolutions:

1st. That the chief executive office of this commonwealth ought to be vested in a Governor.

2d. That there ought to be appointed a Lieutenant Governor.

3d. That the Executive Council, as at present organized, ought to be abolished; and that it is inexpedient to provide any other Executive Council.

4th. That in case of the removal of the Governor from office, or of his death, resignation, or inability to discharge the duties and powers of this office, the said powers and duties shall devolve on the Lieutenant Governor, and the Legislature may provide for the case of removal, death, or similar inability of the Lieut. Governor.

5th. That the Seats to the different counties in this commonwealth, shall hereafter be elected by the voters qualified to vote for the most numerous branch of the Legislature.

6th. That the commissioned officers of militia companies be nominated to the Executive by a majority of their respective companies.

7th. That the field officers of regiments be nominated to the Executive by a majority of the commissioned officers of their respective regiments.

8th. That no pardon shall be granted in any case, until after conviction or judgment.

9th. That the chairman report to the Convention the several resolutions adopted by this committee, proposing amendments to the constitution; and that he ask that the committee be discharged from the further consideration of the subjects referred to it.

On motion of Gov. Giles, the Report was ordered to be laid on the table.

Gov. Giles moved, that the Executive Committee be discharged from the further consideration of the subject, which motion was agreed to in the affirmative, and the Committee was accordingly discharged.

Mr. Powell said that having been one of a very large minority, who had dissented from the Report of the Committee, and being desirous to present the views of that minority, he would ask leave to present the resolutions he held in his hand.

Leave having been given, Mr. Powell read the following resolutions:

Resolved, That the Executive Department of the existing plan of Government, ought to be modified as follows:

Resolution 1. The Executive Power shall be vested in a Governor. He shall hold his office for three years, and be ineligible for the term of four years thereafter. And a Lieutenant Governor shall be chosen for the same term and under like restrictions.

Res. 2. The Lieutenant Governor shall be President of the Senate, but shall have no right to vote except the Senate be equally divided upon any question: in which case he shall have the casting vote.

Res. 3. No person shall be eligible for the office of Governor, or Lieutenant Governor, except a citizen of this Commonwealth, who shall not have attained the age of thirty years, and who shall have resided two years next preceding his election in the State.

Res. 4. The Governor and Lieutenant Governor shall be elected at the times and places of choosing Members of the most numerous branch of the Legislature, by the voters qualified to vote for the members of the General Assembly; provided that the election shall take place throughout the Commonwealth on the same day. The persons respectively having the highest number of votes for Governor and Lieutenant Governor, shall be elected. In case two or more persons shall have an equal number of votes for either, or for Lieutenant Governor, the Legislature shall immediately, by joint vote of both Houses, choose one of the persons having an equal number of votes for Governor, or for Lieutenant Governor, as the case may be.

Res. 5. The Governor shall be Commander in Chief of the Militia. He shall have the power to convene the Legislature on extraordinary occasions. He shall from time to time, give information to the Legislature, of the condition of the Commonwealth, and recommend to their consideration, such measures, as may be required upon by the Legislature, and shall take care that the laws are faithfully executed.

Res. 6. The Governor and Lieutenant Governor shall, at stated times, receive for their services, a compensation, which shall neither be increased nor diminished during the term for which they shall have been elected.

Res. 7. The Governor shall have power to grant reprieves and pardons, after conviction, for all offences except treason, and in cases of impeachment. Upon cases of conviction, he shall have power to issue warrants, after conviction, for all offences except treason, and in cases of impeachment. Upon cases of conviction, he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature, at its next session, when the Legislature may pardon or direct the execution of the criminal, or grant a further reprieve.

Res. 8. In case of the removal of the Governor from office, or of his death, resignation, or inability to discharge the duties of his office, his powers and duties shall devolve on the Lieutenant Governor: and in cases of removal, death or resignation, or like inability of the Lieutenant Governor, the Legislature may provide by law, on whom the duties of the Governor shall devolve, until such disability shall be removed or a Governor shall be elected.

Res. 9. The Governor shall have power to nominate, and, by and with the advice and consent of the Senate, appoint Judges of the Supreme Court, or Court of Final Jurisdiction, and Judges of such Superior Courts as may, from time to time be established by law: all Adjutant Officers, from the rank of Colonel the Treasurer, Auditors of Public Accounts, Register of the Land Office and Attorney General. The Legislature may by law, vest the appointment of all other officers of the Commonwealth, where appointments are not herein otherwise provided for, in the Governor alone, or in the Governor, with the advice and consent of the Senate, or in the Courts of Law.

Res. 10. The Governor shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of the next session of that body.

Res. 11. The Governor shall have power to require in writing the opinions of the Lieutenant Governor, and of the Attorney General, upon all matters appertaining to the duties of his office.

Res. 12. No person whose tenure of office depends on the pleasure of the Governor, shall be removed from office, without the advice and consent of the Senate to such removal. But the Governor shall have power at any time, to suspend such officer, and appoint another to discharge the duties of his office, until the next session of the Senate, and until their advice and consent to such removal shall be ascertained and expressed.

On motion of Mr. Powell, these resolutions were ordered to be laid on the table.

On motion of Mr. Cooke, the resolutions were ordered to be printed.

Mr. Gordon presented a Memorial from the citizens of Albemarle County, which was ordered to be referred to the Legislative Committee.

Mr. Morgan said, as he had been unfortunate as yet to agree upon the propositions, which had been presented from the Executive Committee, he would ask leave to present to the House, certain resolutions which he held in his hand.

Leave being granted, Mr. Morgan presented the following resolutions:

The Executive Power shall be vested in a Governor, and a Lieutenant Governor to assist in the Administration of the affairs of Government, when required by the Governor, and who shall act as Governor in case of the death, resignation, or removal of the Governor from office, until another be appointed; and in case of impeachment temporary vacancy of any kind or the absence of the Governor from the seat of Government, until his restoration or return. And that at any time there shall be no acting Governor, and the Lieutenant Governor shall be impeached, or from any other cause not acting, the Executive Authority shall devolve upon, and be executed by some person appointed by law for that purpose.

The Governor and Lieutenant Governor shall be annually appointed by joint ballot of the Senate and House of Delegates, and their terms shall end on the last day of December of every year. But no person shall be eligible to the office of Governor for more than three years at any one time, nor again until after he shall have been out of that office four years; and in like manner after the end of every three years of service.

The Governor shall exercise the Executive Power of the Government according to the laws of the Commonwealth; and see that they shall be faithfully executed. He may at his own discretion, and shall upon application of a majority of the Senate, or House of Delegates, convene the General Assembly: and he shall have power to grant reprieves and pardons, except where the prosecution shall have been carried on by the House of Delegates or the law shall otherwise positively direct, in which case the House of Delegates shall alone have and exercise the power of granting them. But no pardon shall be granted in any case until after judgment or conviction.

On motion of Mr. Morgan these resolutions were ordered to be laid on the table.

On motion of Mr. Newton, the Report of the Committee on the Executive Department, was ordered to be printed.

On motion of Mr. Doddridge, the resolutions offered by Mr. Morgan, were ordered to be printed.

WEDNESDAY, October 21.

After prayer by the Rev. Mr. Armstrong, the Convention was called to order at 12 o'clock.

Mr. Marshall from the Committee on the Judicial Department of Government then rose and said, that although it was not probable that the Convention would take up any one of the reports of the select Committees, which had been appointed, until the reports of the Committee on the Legislative Department should have been received; yet with a view to put the reports which had been rendered in a way to be acted upon by the Convention, if such should be its pleasure: he moved that the report made by the Committee on the Judicial Department, be referred to a Committee of the whole Convention, and be made the order of the day for tomorrow.

Mr. Upshur respectfully suggested whether it would not be expedient, for reasons which he gave, to withdraw for the present the motion which the gentleman from Richmond had made. After conversation with Messrs. Upshur, Marshall and Doddridge,

Mr. Upshur after a few words of explanation withdrew the suggestion he had made, and the question having been taken on the motion of Mr. Marshall, it was decided in the affirmative, and the report of the Judicial Committee was accordingly referred to a Committee of the whole Convention and made the order of the day for today.

Mr. Leigh of Chesterfield now moved the following resolution.

Resolved, That it be a standing order of the Convention, that the Convention shall every day resolve itself into a Committee of the whole Convention, to consider the existing Constitution of the Commonwealth, and such propositions for amendment or alteration thereof, as shall be referred to or made in the said Committee.

Mr. Doddridge moved to lay the resolution on the table, suggesting, as a reason, that its adoption would involve the Convention in difficulty. One of the rules they had adopted for their proceeding, required that the order of the day should be called at 12 o'clock. This resolution of the gentleman from Chesterfield, should take effect, the Convention would have to meet tomorrow at 12 o'clock, and take up the report of the Judiciary Committee at once; but he did not suppose it to be the wish of any gentleman to take up that, or any other of the reports, until the Legislative Committee should have reported.

The course proposed would cut short the sittings of that Committee, which he was happy to say, had now drawn so far toward a close, that some glimpse of the morning light could be perceived, and hope was entertained that if they were allowed, as at present, to sit till 12 o'clock, he might, perhaps, finish their discussions tomorrow.

A debate on a question of order now arose, in which Messrs. Stanard, Leigh, McCoy and Johnson took part.

The question being at length taken on the motion of Mr. Doddridge to lay Mr. Leigh's resolution on the table, it was decided in the affirmative—Ayes 40—Noes. So the resolution was laid upon the table accordingly.

Mr. Nicholas who had been in a minority in the Committee on the Executive, in relation to some of the features of the report of that Committee, particularly that part of it which related to the abolition of the Executive Council, asked and obtained leave to lay the following resolutions on the table, and to have them printed viz:

Resolved, That the 9th and 10th sections of the present Constitution be retained, and that the 11th be substituted by the following resolution:

A Privy Council or Council of State, consisting of four members, shall be chosen by a joint ballot of both Houses of the Assembly, either from their own members or the people at large, to assist in the administration of the Government—The shall annually choose out of their own members, a Lieutenant Governor, who in case of the death, inability, or necessary absence of the Governor from the seat of Government, shall act as Governor. The Governor shall be the President of the Council, and shall in all cases of division have the casting vote. Two members with the Governor or Lieut. Governor, as the case may be, shall be sufficient to act, and their advice and proceedings shall be entered at record, and signed by the members present (to any part whereof any member may enter his dissent.) to be laid before the General Assembly, when called for by them. The members of the Council shall be elected by joint ballot of both Houses of the General Assembly, for four years. At the first election, the two Houses shall, by joint resolution, divide the persons elected into two classes. The seats of the Councillors of the 1st class shall be vacated at the expiration of the 2nd year; of the 2nd class at the expiration of the 4th year; so that one half may be chosen every 2nd year, and if vacancies happen by resignation, or otherwise, they shall be filled by joint ballot of the two Houses of the General Assembly. An adequate but moderate salary, shall be settled on them, during their continuance in office, and they shall be incapable during that time, of sitting in either House of Assembly.

In consequence of the failure of Mr. Leigh's resolution, the order which directed the Committee of the Whole, to consider the report of the Judicial Committee tomorrow, was on motion of Mr. P. P. Barbour, reconsidered and altered to Monday next—whereupon on motion of Mr. Powell, the Convention adjourned till to-morrow.

THURSDAY, October 22.

The Convention met at 12 o'clock, and its sitting was opened with prayer, by the Rev. Mr. Armstrong, of the Presbyterian Church.

Mr. Taylor of Chesterfield, from the Committee on the Bill of Rights, made the following report in part which, on his motion, was laid upon the table and ordered to be printed.

The Committee to whom was referred the Bill or declaration of Rights, and all such parts of the Constitution as are not referred to the committees on the Legislative, Executive and Judicial Departments of the Government, have, according to order, had the subjects then referred under their consideration, and have further in part performed the duties devolved on them, agreed upon the following resolutions:

1. Resolved, As the opinion of this Committee, That the Constitution of this State ought to be so amended as to provide a mode in which future amendments shall be made therein.

2. Resolved, That the 1st and 2nd sections of the present Constitution ought to be stricken out, and that an introductory clause, adapted to the amended Constitution be substituted in lieu thereof.

3. Resolved, That the 8th, 21st and 22nd sections of the present Constitution ought to be stricken out as no longer necessary.

4. Resolved, That the freedom of Speech and of the Press, ought to be held sacred and guaranteed by the Constitution.

5. Resolved, That no title of nobility shall be created or granted; and no person holding any office of profit or trust under the United States, or under any King, Prince, or foreign State, shall hold any office under this State.

6. Resolved, As the opinion of this Committee, That the Constitution ought to be so amended as to provide, "that no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men, shall be free to profess, and by argument to maintain their opinions, in matters of religion; and that the same shall in no wise, diminish, enlarge or affect their civil capacities."

On motion of Mr. McCoy, the House then adjourned.

FRIDAY, October 23.

The Convention met at 12 o'clock and was opened with prayer by the Rev. Mr. Parks of the Methodist Church.

Mr. Madison from the Committee on the Legislative Department asked and obtained leave, that that Committee might sit for the discharge of its duties during the sittings of the Convention.

Mr. Taylor of Norfolk, a member of the Committee on the Bill of Rights and other matters not referred to the previous Committees, asked and obtained leave to lay upon the table the following propositions, which were read and ordered to be printed:

Resolved 1st. That the elective franchise should be uniform; so that, throughout the State, similar qualifications should confer a similar right of suffrage.

Resolved 2d. That, among those entitled by the Constitution to exercise the elective franchise, there should be entire equality of suffrage; so that, in all elections, the suffrage of one qualified voter should avail as much as that of another qualified voter, whatever may be the disparity of their respective fortunes.

Resolved 3d. That equal numbers of qualified voters are entitled to equal representation throughout the State.

Resolved 4th. That as individual suffrage should be equal, without respect to the disparity of individual fortune, so an equal number of qualified voters are entitled to equal representation, without regard to the disparity of their aggregate fortunes.

Resolved 5th. That in all pecuniary contributions to the public service, regard should be had to the ability of individuals to contribute; and as this ability to pay, from disparity of fortune is unequal, it would be unjust and oppressive to require each citizen to pay an equal amount of public taxes.

On motion of Mr. Summers, the Convention then adjourned.

THE COMMITTEES.

THURSDAY, October 22

In the Legislative Committee, Mr. Doddridge offered an amendment (to come before the proviso,) as a fourth qualification of persons entitled to the Right of Suffrage, going in substance to admit to that right the sons of freeholders.

It was opposed by Mr. Johnson, who thought that the sons of freeholders were the very last class of the community, who had a right to complain of exclusion from the polls.

Mr. Mercer proposed to amend the amendment, so as to extend the right to the sons of house-keepers, &c. which he defended on the principle that their sons, resident in their native county, had the same interest with their fathers in the well-being of the community.

Mr. Doddridge accepted the amendment of Mr. Mercer, as a modification of his own, which he afterwards withdrew, and offered Mr. Mercer's as a substitute.

Mr. Johnson thought the amendment on this form still more objectionable than it was before.

It defended by Messrs. Doddridge and Mercer, on the ground that the son of a farmer had the same sort of expectancy as to their parent's property, that the son of a freeholder had, though in a less degree.

Mr. M. insisted, that education was preferable to wealth as a basis for the Right of Suffrage.

Mr. Brodnax considered the proposition as equivalent to universal suffrage: nay, as going, if possible, still farther. If the sons were to vote on expectation, why not grandsons? and why not nephews and nieces?

Mr. Joynes took the same ground. Were all the sons of a man, who owned a horse and paid a tax of 10 cents upon it, to be thereby entitled to vote? and why not the sons of a widow? He preferred to cut the knot at once, and allow everybody to vote over 21 years.

Mr. Mercer replied and referred to certain anomalies in the existing rule of suffrage, by which, in some cases, one man owning a hundred acres was excluded, while another owning 25, was permitted to vote. He wished to see the plan adopted which is pursued in Massachusetts, viz: to have a registration made of qualified voters, and exclude all others.

After some further remarks from Messrs. Doddridge and Brodnax, the amendment was lost—Ayes 3.

Mr. Doddridge then offered another resolution, extending the former principle not quite so far, which was also rejected—Ayes 7.

He thereupon offered a third resolution still more restricted which shared the same fate.

Mr. Doddridge then offered a proviso as follows:

Provided, however, That the said right of suffrage, not rightfully belonging to, shall not be exercised by, any person belonging to any one of the following classes to wit:

1. Paupers;

2. Persons convicted of any infamous offence; the enumeration of such offences to be made by Law;

3. Citizens born without the limits of the Commonwealth, unless they shall have resided within the limits of the same for five years immediately preceding the election at which they shall offer to vote. (the mode of proving this previous residence, when disputed, to be prescribed by law.) and shall possess, moreover, some one or more of the qualifications above enumerated;

4. Those who shall have been returned delinquent by the collectors of any revenue tax, levy, or any other due to the commonwealth, or to the local authorities established by law for the purpose of internal police;

5. Soldiers, seamen or marines in the service of the United States or of this Commonwealth, except commissioned officers possessing some one or more of the qualifications above enumerated.

Mr. Cooke now offered the following as an additional restriction to be added to those just adopted, viz:

…Or by those who have failed to pay in the year immediately preceding election, any revenue tax, levy, or debt due to the Commonwealth, or local authorities, established by law for the purposes of internal police."

The resolution having been variously modified, was opposed by Mr. Johnson and finally rejected—Ayes 5.

Mr. Cooke then proposed as a disqualification, the having been born out the limits of the State, unless they had resided within the State for five years, and within his own county, city borough, election district for the last two years.

The resolution was adopted in the following form:

…(or by citizens from without the limits of the Commonwealth, unless they have resided within the limits of the same for five years, immediately preceding election at which they shall offer to vote, and two years immediately preceding election in the county, city borough, election district where they shall vote. the mode of proving such previous residence when disputed, to be prescribed by law,) and shall possess moreover, one or more of the qualifications above enumerated."

CENSUS.

Mr. Doddridge now offered a resolution requiring a Census to be taken of the population of the State in 1831, and every ten years thereafter.

A desultory debate ensued. Several different propositions were before the Committee.

Mr. Mercer's proposition was to have a census in 1831; again in 1835; and ten years thereafter—so as to fall on intervals between the periods at which a census of the United States is taken.

Mr. Johnson's proposal was, to take a census in 1831; again in 1845; and that, once in every twenty years; the Legislature should fix upon a period.

Mr. Doddridge modified his resolution so as to require the census to be taken in 1831; again in 1835; and after that at such periods as the Legislature should determine: provided, a census should be taken at least once in every ten years.

Mr. Mercer withdrew his proposition, and the question being taken on that of Mr. Doddridge, the votes of the Committee being equally divided: whereupon, Mr. M. voted on the negative, and the resolution was rejected.

That offered by Mr. Johnson was carried without opposition.