Constitutional Whig

Virginia Legislature.

HOUSE OF DELEGATES.

FRIDAY, Jan. 26.

CONVENTION.

On motion of Mr. Leffler, the Convention bill was again taken up.

Mr. Giles took the floor and spoke two hours and three quarters in opposition to the bill.

The question was then taken, by ayes and noes, and the bill rejected.

Ayes—Messrs. Banks, (Speaker,) Drummond, Rogers of Ac. Gordon, Cocke, Waller, Thompson of Am. Tapp, Clarke of Au. Otcy. Irvine. Colston, Good of Berk. Miller of Bot. Edgington, M'Millan of Brooke, Gholson, Everett, M'comas. Hunter of Camp. Rives of Camp. Hill, Turner, Tyler, Mason of Fair. Kelly, Wallace, Payne of Fin. Stillman, Hale of Franklin, Holland, Mason of Fred. Ship, Gibson, Sloan, Davis of Han. Cunningham. Neville, Miller of Har. Cathrer, Williams, Mayo, Selden, Gravely. Edwards, Morgan, Willis, Fry, Rudner, M'Millan of Lee, Allen of Lee, Bland, M'Whorter, M'llhaney, Rogers of Lou. Finks, Watts. Billingsly, Orrick, Cross, Rives of Nelson, Martin of Nelson, Leffler, Nelson, Barbour, Woolfolk, Penn, Critz, Greiner, Dice, Witcher, Walton, Gilliland, Grimes, Carrol, Zinn, Macrae, Carter, Daniels. Booth, White, Moore, Lewis, Cline, Cowan, Dickinson, Wilcox. Martin of Scott, Anderson of Shen. Almond, Towles, Briggs, Moncure, George, Shannon. Ingham. Underwood, Cummings, Keiler, Tavenner, Smyth of Wythe, May, Rutherfoord—103.

Noes—Messrs. Persinger, Davis of Al. Giles, Nash, Sitlington, Hamilton, Allen of Bot. Mallory, Patteson, Payne of Buck. Coleman, Childs, Christian of C. C. Douthat, Richardson, Gaines. Elam, Clarke of Ches. Wilson, Harrison, Wynn, Boisseau, Collier, Wray, Noel, Muse, Snidow, Smith of Giles, Smith of Glou. Page, Bryce, Watkins of Goochland, Hall of Gray. Blair, M'Clung, Alderson, Lundy, Wardlaw, Carrington, Chalmers, Holleman, Chapman, Henley, Kirby. Pollard of K. & Q. Mason of K. & Q. Baber, Hooe, Pollard of K. W. Aylett, Hall, Chinn, Stollings, Stratton of Lou. Kinbrongh, Winston, Street, Smith of Lun. M'Cullough, Newman, Diggs, Billups. Goode of Meck. Lockett, Segar, Shepherd, Caperton, Denlap, Craig, Edmundson, Hunter of Nan. Crocker, Christian of N. K. Saunders, Stephenson, Triplett, Thompson of Norfolk co. Taylor, Upshur, Stratton of North. Basye, Harvey, Ward of Not. Anderson of Not. Cramp, Dupuy, Watkins of P. E. Woodhouse, Ward of P. A. Rives of P. G. Barnes, Neale, Bowers, Denigre, Cook, Crump of Sur. Stith, Epps, Dillard, Curtis, Cary, Newton, Hungerford, Friel, Shield, Griffin, Mowdy—107.

SATURDAY, January 27th.

On motion of Mr. Baber the resolution reported by the Committee of Courts of Justice, declaring it inexpedient so to amend the present laws as to require Justices of the peace to issue warrants returnable before them or some other Justice, was taken up. Mr. B. moved to reverse the opinion of the Committee. Mr. Gordon supported the motion, and it was agreed to, and a bill accordingly will be brought in.

On motion of Mr. Wilson, a resolution was adopted instructing the Committee of Schools and Colleges to enquire into the expediency of continuing the loans made to individuals, by the executive, of a portion of the Literary fund.

Mr. Watkins of Prince Edward, Chairman of the Committee of Privileges and Elections, moved, according to the instructions of that Committee, that they be discharged from the further consideration of the resolution concerning the right of H. Billups, the Member returned from the County of Matthews, to retain his seat, it having been suggested that he was a Minister of the Gospel.

Mr. Everitt moved to lay the resolution on the table for the present, on the grounds of the absence of a Member who wished to take part in the discussion of the subject. This motion was opposed by Mr. Gilleland and supported by Mr. White, and carried.

The engrossed bill exempting certain persons therein mentioned from the payment of toll on the Kanawha Turnpike road was taken up for consideration. This bill gives to the Commissioner of the Turnpike, the power of permitting persons going to Mill and to School to pass the toll gates by the year, at a toll less than the law requires, which in his opinion shall be deemed reasonable. An animated discussion took place on the merits of the bill, which was advocated by Messrs. Anderson, Miller, White, Smith and Watkins, of Prince Edward; and opposed by Messrs Epps and Lockett, and passed without a division.

Mr. Gordon submitted the sentiments of the Rector and visitors of the University, which was ordered to be printed with the report heretofore presented.

Mr. Everitt called up the resolution concerning H. Billups. He advocated the motion to discharge the Committee from the further consideration of the subject. He said he knew of nothing in the laws or Constitution which gave to the Legislature the power of investigating the right of Mr. Billups to his seat on this floor. He had been duly elected & returned by the Freeholders of Matthews: and no petition existed complaining of the Member's holding his seat. If the investigation is made, it ought to be in due form and after proper notice to the parties, and it was too late in the Session to send to Matthews for evidence to prove that Mr. B. was a Minister of the Gospel.

Mr. Craig opposed the motion. It was important, he said, that the enquiry should be made whether or not Mr. B. was a Minister of the Gospel. It was a wise law enacted by our forefathers that Church and State should be kept separate, and one which ought not to be evaded. If the right of any member to his seat was doubted, enquiry into the facts ought to be made. The Constitution requires it, and the Committee ought not to be discharged from the investigation. If we passed over this case, the Constitution would be disregarded.

Mr. Davis advocated the motion. The mere suggestion that a Member of the House was ineligible, was not sufficient cause of investigation into the fact. He said he believed Mr. Billups was a Minister of the Gospel, but the Constitution gave the right to the people to determine the fact. The House had not the power to act on the case. The Constitution, unlike that of the U. States, only gave to the Legislature, the power of making their own rules of proceeding: and this power could not give the right of enquiring into the ineligibility of a Member elected by the people, and regularly returned. If this power were exercised, it would lead to endless enquiries. The House, he conceived, had no right to judge of the Constitution or the law in contravention of the will of the people.—The people were the best guardians of their rights, and he thought it impolitic in the House to interfere with them.

Mr. Gholson said the subject was one of great importance—He thought it surprising that the Committee should ask to be discharged from the further consideration of the subject, after having gone so far into the examination of it.—Something more than a suggestion had been made that Mr. B. was a Minister of the Gospel—a person had been sent from the County to testify to the facts of the case. If an individual suggests the ineligibility of a Member, the House was bound to listen to the application. To refuse would be to violate the fundamental laws of the land.

Mr. Smyth of Wythe said the House had the power to investigate the right of a Member to retain his seat. He advocated the propriety of making the investigation in the case of Mr. Billups. He cited the case of Henry Banks, who was returned a Member thirty years ago, and ousted by the House as ineligible. He was then a young man and a young lawyer and thought the House acted erroneously. but on deliberation had changed his opinion.

Mr. Tyler said it was due to Mr. Billups and to the house that enquiry should be made as to his eligibility to a seat on this floor. He repelled the idea of Mr. Davis, that the house had no right to make an investigation as to the eligibility of a member, after an election by the people. all violations of the constitution and the laws ought to be enquired into; unless this is done, we say to the people they are the proper expounders of the constitution. He conceived that the constitution and the election law gave to the house the power of determining the right of a member to retain his seat, and if this power is yielded it goes into the hands of the people to whom it does not of right belong. Whether an election made by the people is contested or not, the house had the right to investigate the eligibility of a member: unless this were done, Judges and Ministers of the Gospel might be returned as members, and retain their seat in violation of the constitution and the law. Mr. Davis, he said, had expressed his belief that Mr. Billups was a member of the Gospel, and was yet unwilling to examine into the facts, because no person had contested the election. If such a course were acquiesced in, palpable violations of the constitution and law might in many cases be permitted to exist.

Mr. Davis replied briefly to Mr. Tyler and Mr. Smyth. He said he venerated as much as any man the constitution and was equally opposed to any violation of it; but in a case like the present, he thought the people had the power, and ought to exercise the right of expounding that instrument. In the case of Banks referred to by the gentleman from Wythe he said the house might have acted erroneously; and the gentleman himself might then have been right. He repeated his belief that the proposed enquiry was contrary to the laws of the land, and was therefore opposed to it.

Mr. Watkins of Prince Edward made a few remarks in reply to Mr. Davis. He contended that the house had the power of judging of the qualifications of its own members and had exercised the right.

Mr. George referred to the cases of Mr. C. L. Stevenson, Mr. Harrison, & Naylor, who declared they were prosecuting attorneys for the Commonwealth, and on that ground ousted from their seats by the house. Mr. Davis said that Mr. Stevenson's case was brought before the House by a memorial from Mr. Minor.

Mr. George replied that there was no contest in the two last cases.

The question was then taken, and the House refused to discharge the committee by a large majority.

The Speaker laid before the House a communication from the Auditor, transmitting the unsettled balances standing on the book, which was ordered to be printed.

Mr. Saunders moved that the House take up the resolution for changing the time of meeting of the General Assembly, which was decided in the negative.

On motion of Mr. Wilson leave was given to bring in a bill to change the time of holding the Courts in Brooke.

On motion of Mr. Mason of Brooke the rule of the House was suspended for the purpose, and he presented a petition from the Clerk of Hampshire.

The Speaker laid before the House a communication from the Governor relating to Military Lands in Kentucky.

On motion of Mr. Patteson of B. the report and resolutions of the Penitentiary Committee was taken up. After some remarks on the part of Mr. Patteson of B. Mr. Watkins of Prince Edward, and Mr. Epps, on the merits of the first and second resolutions, the whole subject was on motion of Mr. Wilson laid on the table.

Mr. Ruffner moved that the bill concerning the inspection of Salt be taken up, which was agreed to, and the bill then recommitted.

Mr. Gordon stated to the House that he had received a petition from a number of inhabitants of Albemarle, on the subject of the bust of Mr. Jefferson, bequeathed by him to the Library of the University. In consequence of the insufficiency of Mr. Jefferson's estate to pay his debts, the bust could not be given that destination desired, without the interposition of the Legislature. The petition was referred to the Committee of Schools and Colleges.

The engrossed bill concerning the Richmond Dock Company, was read a third time and passed.

A variety of reports and resolutions were made from the Committees and laid on the table.

YESTERDAY—A communication from the Senate stated they had passed the bills—1, Amending the several laws concerning the appointment of harbor masters, and declaring their duties: 2, Designating with greater certainty, the county line between Monroe and Giles.

Mr. Giles rose to call the attention of the House to several subjects of urgent necessity. He regretted that so much of the session was expended. The propositions he was about to submit, had been prepared before the session, and nothing but physical incapacity had prevented his earlier submission of the resolutions. Every moment's reflection, however, satisfying him of the importance of the resolutions, he had determined to bring them forward. They related to certain alledged usurpations of the General Government—usurpations which if well founded, ought to be resisted—if unfounded, dignity required us to be silent. With a view of enquiring into the justice of these complaints against the General Government his propositions were submitted. He wished the enquiry to be cautiously and candidly prosecuted. He thought it apparent that the government was not administered upon fundamental principles—and he wished to recur to fundamental principles to ascertain the fact. He would—at this time only read the resolutions, with a view of laying them on the table until the day after to-morrow. He did not know that a particular discussion of them would be at all necessary, but if it was, he would at a proper time, attempt it. His object in the first place, was an analysis of the two constitutions—first, to ascertain what we had reserved to ourselves—secondly, to see what we had surrendered to the General Government. He had not suggested the remedy, should our complaints be found just—this would suggest itself. He said we were impoverished by the tariff—and he thought the contrast between the condition of the Eastern States and Southern, ought of itself to invite enquiry. He alluded to the alledged flourishing condition of the Eastern States, and to our poverty at home. He wished this enquiry to be a Virginia enquiry, and he wished the Committee to consist of gentlemen of all political parties.

Mr. Giles then read in his place the following resolutions, which after reading were laid on the table:-

Resolved, That a Committee be appointed to inquire and report, whether or not, the exclusive jurisdiction over all the territory, persons and things within the limits of this commonwealth, was not secured to the government of this State by the Constitution thereof—and whether private property was or was not, thereby, secured to the owner, against the power of the government; so far, at least, that the government could not, rightfully, take private property from the owner, and give it to another person, neither rendering public service.

That the Committee be instructed to inquire and report—whether or not any portion of this exclusive jurisdiction over territory, persons and things, has since been granted to the General Government by the Constitution of the United States; and, if so, to specify, particularly, each, and every portion of such jurisdiction, which may have been so granted.

That the Committee be particularly instructed to inquire and report—whether any power has been granted to the General Government to violate the right of private property at its discretion; and, more particularly, to take private property from the owner, and give it to another person, neither rendering public service.

That the Committee be, also, instructed particularly to inquire and report—whether the several laws, passed by the General Government, for the purpose of internal improvements, do not assert or involve a jurisdiction over the territory within this commonwealth, beyond the grants to that government, specified in the Constitution of the United States.

That the Committee be, also, particularly instructed to inquire and report—whether the law generally called the Tariff law, does not violate the rights of private property, by taking it from its owner, and giving it to another person, neither rendering public service.

That the Committee be particularly instructed to inquire and report—whether, under the operations of the said tariff law, a portion of the proceeds of the labor of the inhabitants of this commonwealth is not transferred to other parts of the United States, in violation of the two great principles upon which the Constitution of the United States is founded, to wit: generality, and equality; and, if so, to report as far as practicable, the amount of the value of such proceeds, thus transferred.

If the Committee should find all or any of these unauthorized assumptions of power on the part of the General Government—then, that the Committee be, also, instructed to report such measures for the adoption of the General Assembly as they shall think will most effectually tend to arrest these usurpations; to stay the hand of avarice and despotism; to reinstate the good people of this commonwealth in all their essential rights and liberties; and the government thereof in all the rights granted and secured to it by the fundamental laws.

On motion of Mr. Gordon, 250 copies of the resolutions were ordered to be printed.

Mr. Rives of Campbell, offered the following resolution:

That a Committee be appointed to enquire into the expediency of allowing a separate representation to the town of Lynchburg.

Mr. Rives stated the causes which had delayed this application, to wit:—his late arrival in Richmond, and the subsequent pendency of the Convention-question. He stated the commercial consequence, and population of Lynchburg, as entitling her to this representation. Her population was between 5 and 6,000, and rapidly increasing,—Her trade amounted to $4,000,000 a year. She was the great tobacco mart of the state, and her inspections of tobacco amounted to 15,000 hhds. a year. The counties around her, with the exception of a few, were the largest, wealthiest and most populous in Virginia, and their unequal representation on this floor entitled Lynchburg closely connected with them to a separate representation.

The resolution was rejected.

The engrossed bill extending relief to the Mennonists and Tunkers, under the 25th section of the militia laws (allowing them to contribute by money instead of bearing arms) was read a third time, supported by Messrs. Hale of Franklin, Miller of Bot. Lewis, and Rives of P. G.—opposed by Mr. Cook, and passed—ayes 109. noes 47.