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Story October 17, 1829

Constitutional Whig

Richmond, Virginia

What is this article about?

Proceedings of the Virginia Constitutional Convention on October 16, 1829, in Richmond, covering debates and votes in committees on representation basis using white population for the House of Delegates, Senate considerations, sheriff elections, judiciary reforms, and Bill of Rights amendments, with analysis of political implications.

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RICHMOND ENQUIRER

SATURDAY MORNING, OCT. 17, 1829.

THE CONVENTION.

FRIDAY, OCTOBER 16.

After prayer by the Rev. Mr. Taylor, the Convention was called to order at 12 o'clock. There being no business before the Convention, on motion of Mr. Naylor, the House adjourned.

The Committees.--At 10 o'clock yesterday, the debate before the Legislative Committee, on the resolution for declaring white population the proper basis of representation in the House of Delegates, was resumed. Mr. Cooke, of Frederick, addressed the Committee very ably, in favor of the resolution. He was followed by Judge Green, on the other side, who, speaking in a low voice, and the crowd intercepting a near approach to him, we were so unfortunate as not to hear. Mr. Chapman Johnson, followed in support of the resolution, in an argument of transcendent power; establishing forever, the fame of a great Statesman, as his legal reputation is already, on the highest pinnacle. When Mr. Johnson concluded, the vote was taken, to the surprise of many, who expected a more protracted debate. It stood as follows:

For the Resolution--Wm. Anderson, Chapman Johnson, Andrew Beirne, James Madison, Charles Fenton Mercer, John R. Cooke, Philip C. Pendleton, John B. George, Henry Chapman, Lewis Summers, Philip Doddridge, Mr. Campbell (of Bedford,) and James Pleasants--13.

Against it--Benj. Watkins Leigh, Wm. H. Brodnax, John Tyler, John Y. Mason, John Randolph, John Roane, John W. Green, Littleton Waller Tazewell, George Townes, John Talfarro, Thomas R. Joynes.

We italicise the names of those whose opinions were esteemed doubtful before. Antecedent to the meeting of the Convention, Messrs. Townes and Joynes, were enumerated among the friends of the measure, of basing representation upon white population, Mr. Campbell of Bedford among its foes; there has been some reckoning without hosts on either side. The opinions of the illustrious Madison, were matter of conjecture, for by consent, all were agreed to exempt him, from the thorough scrutiny, which was instituted last spring, into the opinions of those who proposed themselves, or were proposed by others, as suitable depositories of the great trust of amending the Constitution.

The Committee having thus established white population as the basis of representation in the House of Delegates, proceeded to consider the resolution, declaring it the proper basis of representation for the Senate; and the vote was taken without discussion. On this resolution, Mr. Madison voted with the former minority, that is, against the resolution, and this producing a tie, the resolution fell of course--after which the Committee adjourned.

In the Executive Committee, a resolution offered by Mr. Naylor of Hampshire, was adopted, 12 to 9, (two absent,) for choosing Sheriffs by the people.

In the Judiciary Committee, it has been settled, (after a contrary decision) that the county courts shall be made constitutional courts, and not subjected to the controul of the ordinary legislature. We understand further, that the principle of the Judges holding office during good behavior, has been recognized. The modes of election of Justices of Peace, and Judges, increased responsibility, &c. not yet concerted.

In the Committee on the Bill of Rights, a resolution offered by Mr. Stuart of Patrick, declaring it inexpedient to amend the Bill of Rights, was adopted.

The Basis of Representation.--The vote of the Legislative Committee yesterday, in favour of founding Representation in the House of Delegates on white population, displaying more strength than the friends of the principle had counted on, and the previous certainty, that 48 members at least of the Convention were its steadfast and unchangeable friends, leave no doubt as to the fate of that question, hitherto considered highly critical and uncertain. There is now a moral certainty, that representation in the popular branch of the Legislature, if not in the Senate, will be apportioned upon the free white population of the State.

The solicitude of Mr. Madison, casually betrayed, to separate the question of the basis of representation in the House of Delegates, from the same question as it regarded the Senate, and his subsequent vote in favor of the principle for one House, and against it for the other, clearly indicate to our minds, his intention of attempting to effect a compromise between the two divisions of the State, by yielding white population in the House of Delegates, to the wishes of the West, and calming the fears of the East, real or imaginary, by giving property more influence in the choice of the Senate. We may be mistaken in this conjecture, but we feel every assurance that it is well founded. How far success will attend his benevolent and patriotic intentions--how far the West will concede its claims, believed by it to be sanctioned by the unchangeable principles of justice and republicanism, or the East will remit fears, appearing to it, reasonable and well founded--we say, whether the one side or the other, will concede any thing which either esteems so reasonable, it were premature and presumptuous, to hazard an opinion. Already is heard, loose and idle talk about dividing the State--Before the Convention is well seated in the saddle--before its views are ascertained--before it is even known that any thing will be done that one side or the other, will not submit to--before the wise and experienced heads of that body, have had an opportunity of healing divisions and reconciling conflicting interests! What is meant by such remarks? Is it the expression of fear or of opinion--is it mere jaw--or is it menace?

What sub-type of article is it?

Historical Event

What themes does it cover?

Justice

What keywords are associated?

Constitutional Convention Virginia Representation White Population Basis Legislative Committee James Madison Vote Sheriff Election Judiciary Reform

What entities or persons were involved?

James Madison Chapman Johnson John Tyler Mr. Cooke Of Frederick Judge Green Mr. Naylor Of Hampshire Mr. Stuart Of Patrick

Where did it happen?

Richmond

Story Details

Key Persons

James Madison Chapman Johnson John Tyler Mr. Cooke Of Frederick Judge Green Mr. Naylor Of Hampshire Mr. Stuart Of Patrick

Location

Richmond

Event Date

October 16, 1829

Story Details

The Virginia Constitutional Convention convened with prayer and adjourned without business. The Legislative Committee debated and voted 13-11 to base House of Delegates representation on white population, with Madison supporting. The Senate resolution tied and failed. Executive Committee adopted popular election of sheriffs 12-9. Judiciary Committee made county courts constitutional and judges hold office during good behavior. Bill of Rights Committee deemed amendments inexpedient. Analysis suggests compromise potential and criticizes talk of state division.

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