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* [m i'uhi * i> ran the vim;isi \ i’ijy.vgyTion. Proccrtling* uf '/' >r ,/ n; /■>«•■ 8—Cor.rb: i. Mr. IV-iKK moved ty stsike Lut .1 from the word resolved, and iojeit tin: following, as na'a-neiidinent in li,*u tlifivoji ft&luircJ, lout here snail tie upfi.imied u:i Kwcntive t omi r i or I -» moil uf Slate, ••.•.•tisistiu" n! a l invei nor and IvvtiGoini « il.iirs, lwlm shall perform the same d.it :es, and in all other i penis, hold t ie >tmte ielation to the Govcinoi a.- the pitscnt Council of Suuo) '1 oe said lainnciltors shall he elected by tii3 General Asssm Iny, and shall mmtwue in nfiVie three years, but may he re e.erted to :i term to term. All vacancies ocg.isionc I hv dva.'h, »!*sigoation, removal from the Commonwealth. or other dtsahi I'tv, shall lit: supplied tjy tbrt General Assemldy l wo of tiie san! i -ouucil sluli torn) a quorum, and in case of Uii equal division ot the Council, die t iover ior shall have the casting vote Mr. fir3iu.cn moved an uitir.ndiiir.nl to the proposition of - Mr. Upshur. Mr. U raifn said lb': proposition had bees already discussed. 'lis object was simply to ascertain whether the pro^iit Executive, vmlued witii different powers, might not he acceptable. Every juo;c! contemplates a Conned. The At torney General, and tome of the heads of the depurtmtmt, i re •it present, in much mcmheis of the Council ns they can be.— Tite Treasurer could not lie appointed, n» be is subject to the chntroul of the Executive. The same applu-s m the Auditor I t you cnntemplrt'c tin: hea ls of dcpariuicn', a- member*of tie Executive Council, ihi what principle are yon to elect liiem? ^4 to the Treasurer, will you look to his qualifications Us a 1 rcasiuer nr Statesman, or itinti Jui! in both So he agreed wnh iCjipCT.t t,» nil ofhe.r oiiieers. Beside*, their imentin:? was engrossed at their peculiar oliices He wool I not ugre these . reasons farther. On tin: seme hi economy, what will he gained? » on must give them additional salaries. The great object of flitting down the Executive Council was its expense. Wc tntist have a Lieutenant Governor. We have no assurance Mat the Governor will continue in heal'b for the time lie is elected. So I-ir as regard? tin? Lieutenant Governor, tlicie is no additional cost. As to the two Councillors which the proposition be submitted proposed, the espouse was not o-ioat in comparison of thc-xr advantage. The advantages of such an Executive are too stri king to require further illustration. The plural Executive contains a check and control within itself. Its conduct ts before the public, and keeps a journal subject to their inspection, lie need Hot repeat the arguments* lie had already olibred. Mr. Merceu said he held unity necessary in the Executive. Mr. L.Etoii said the Governor can do no act with out the advice of the Council, but he can refuse to do wtiat th© Council advise. Mr. 8cott asked was it in order to od'eran amend ment. The Chair replied in the affirmative. Mr. Scott suid. when he came here he was in fa vor of uh dishing the Council, hut the arguments he | heard,shewed the necessity of some Council, allho’l he was not in favor of giving a control over the Go- ] vornor. Mr. R.wnot.ru made a few observations, nnd the] question on striking out was put and negatived—' uyes 4*2, noes 47. Mr. Lkioii sntd he did not. believe the Committee J understood the question which had been taken. Mr. Ci.avtoh said tho question was distinctly un-; derstood by "11. Mr Unsiicn said he misunderstood the question, as .several other gentlemen with whom he conversed, lie hoped tho question would be taken again. The question was again put on striking out the third resolution, and was curried in the affirmative— uyes 47, noes 46. The question being on the proposition of Mr. Upshur, Mr. Scott said he wished the Council to be a Council of advice nnd not of controul, and ho moved to 6lrilte out the following words: “ Who shall perform the same duties, and in all oth er respects hold the same relation to the Governor, as the present Council of Stale.” The motion was carried in the affirmative— ayes 51. Mr. Randolph said we know uow what the duties of the Executive Council .are, but according m the present proposition, we could not know until we had defined ihoni. He was not for going for an ignolum per ignotius. Air. Bropsax asked was not the present an advi sing Council. Mr- Scott said he could remove the difficulty of both gentlemen. In all cases except in his milita ry character, he must consult his Council, and is not obliged to pursue their advice. The Governor cannot perform any acts without advising with his Council, and in relation to all sub jects except, those arising from his military situation. Mr■ Scott moved to strike out the latter branch, viz:— “Two of the said Council shall form a quorum, and in case of an cqtal division of the Council, the Go vernor shall have the casting vote.” Carried in the affirmative. Mr. Scott moved the following amendment in ad dition to what remains of the proposition of Mr. Up shur *•Resolved, TLat the Governor, before he performs any act in his official capacity, other than as Com mander in-Chief, take the advice of the Executive Council thereon; but he shall be at liberty to ndopt or reject the same.” Mr. Gn.r.s sai l 'ho prop nirion restrained the Gov ernor from performing any act without consulting ♦he Council. The Governor would bo prevented from authenticating nny docum mt by such a provis ion. He agreed with the gentleman from Charlotte (Mr. Randolph) that some certainty should exist. The Governor now initiates every thing. The Go vernor nny now refuse or adopt u-i he pleases. These acts produce responsibility tn both Senate uud Governor. Mr. Scott said be hud been convinced of some of the errors h<* had enter ainod with respect to 'he Executive Council His object was to change the Council from one of control to one of ndvi c. Mr. Lr.ioti said ihe only objections he had over hoard against the Council was that it was useless. Only one objection has been made here, viz: os i> the abuse in the armoury; and that was met in a manner he would not now repeat. If the Council is useless, than the main proposition before us is to make it more useless. He referred to the distinction be tween tho acts upon which the Governor was obliged to ask for advice and those not, and shewed that it would be utterly useless. The Executive Council, he said, divides the patronage and there ran be no possible abuse of that power. The patronage of the Government is so divided 'hat it cannot be abused. Mr. L. repeated the different arguments he had heretofore submitted, iu support of the Executive Council. He referred to the proposition to fjrm different departments and to make a Cabinet Coun cil. Tt was proposed to make a Secretary of State. He referred to the duties of Secretary ofState, as in ]V. Carolina, ami Kentucky. As to appointing the Auditor, Mr. Ij. stated his duties, and said all that, was looked for was a man capable of keeping accounts and acquainted with our simple revenue ^ Hi:-; busi ness to occupy him from 8 o’clock to 3 o’clock. And he is the person who is to turn his attention to State affairs! The same observation applied to the Attor ney General, lie could not attend to the Execu tive business. J n this state of things to create an Executive Coun cil would be tiseb-ss. Wc had an Admiralty and a Secretary of State un til the United Slates Government was put in full op eration, nnd then it was wholly useless. He hoped that before the institution is given up, Ki-mi.-uien win enquire into tue institution itself. The information winch the gentleman from Amelia (Mr. (jiLts)ijave, was unknown to many, and was so ac knowledged by the gentleman fr*>m Fauquier. On the motion of Air. Scott, the committee rose Mr. LFron moved that the left r received from the President of the House of Delegates, be laid on the table. Agreed Id. On the motion of Mr. Luton, the Convention n greed to adjourn’t.11 to o'clock to-morrow, to owei. in the House of Delegates. W’eu.nesoav, L>i c. P. The Convention w:>s cal.ei to order at thy usual hour. In the absence of Mr. Mon no e, Mr. P. P. B\n uvrvR acted us President. Mr Cavmiei.l moved that the report of the Se lect Committee appo*iited to olitiau suitable aocoro taodations t«T the. Convention, be ref rred back a gam to them. He state d that the Convention could i?are. the use of the Old Baptist Church. Mr. Doddridge moved to lay the rcmlutinn on the table. Some conversation ensued, and the motion to. lv the resolution on the table, was carried in the uliir mative—ayes 43, noes J»>, On tiie motion of Mr. Bnonwx, a vote of thanks was unanimously passed to the Pa-tor, Trusters, Arc. of the first Presbyterian Ciiurrh, for tl: ? kindness they manifested in all'.irdmg to tlic Convention the use of that building. The House thou resolved it elf into a Committee of the Whole, Mr. Gordon in tie; Chair Tlic lirst clause of. the proposition olioiel by Mr. Up-liur being under oo side rat ion, Mr- Scott withdrew the cmcndniont he had ufi'or cd, and proposed to strike out tlic whole uf the rooo liition, cud insert in lieu tjiefuuf the following: '•An Executive Council contis. ing of three mem bers, shall he chosen by ot both Houses of Assembly, to remain in ottice for three veat.-. They ; fsli.ili annually choose out oi their own members a ' President, who in case of the death, inability or lieces say absence ot the Governor from the goveniun at, ! simli act as Govcrno-. Their pmcc-dings shall bo entered of record and sign-d by the m -inkers, pro- : s-mt. (_t j any part whereof any member may enter jiis 1 dissent] and laid b. tore the General Assembly when called tor by them. This Council may appoint their own cl rk. who shall have a salary settled by law, and take an oath of secrecy in such matters as he sh ill oe directed by the Board to conceal. At j the end of one year after their first appointment, one j councillor, to be designated by lot, shall go out of ofiii c; and the vacancy shall be supplied by a new ! election. At tiie end of the second year another coun-1 cihor, to be designated in like manner, shad go oiu • of eftice, and the vacancy be supplied bv a new elec- ' lion: and this rotation shall be continued in due order i annually. The Executive Council shall stand in th • : same relation to the Governor as the Privy Council i or Council of State, under the existing Constitution, i except that it shall advise merely, and not control I him.” iur. LrsmjR said lie would vote against tlioonvnd- ; ipeiit. Ii was apparent that according to the1 provision of the amendment, tho Governor may ask 1 tho advice ot the* Council or not,and when ho receives it, ho may follow it or not. The Council will then only do this good—to keep a record of the occasions when the Governor may follow the advice of Council or net. \Ve are then paying three men to do that which is of no use to the t>tate—merely as 6pic*s on fh>- Governor. There is no responsibility either. On important cases, the Governor will not consult the Council, but in all cases of difficulty, if he supposes the Council will d:tier from him, he will nut consult thorn. .Mr I, man said lie hud token occasion to stare his objections to tin change proposed, and he would not therefore inflict on the Committee a repetition of them. He should make no remarks to persuade gen tlemen who were opposed to all Executive Councils. He would address himself to those who wish to re’ain something, not to demolish all. He said the forma tion of an Executive Government wa9 the mast diffi cult problem to be imagined. Our Executive was differ out from that which has charge of the foreign relations ot a Country. Mr Lnou went into a com parison of the Executive of Virginia, and of the U-! nitnd States, and stated the considerations which in fluenced tho framers of the former. The Executive of 1 irginiu was merely the executor of the laws.— He referred to the argument used by the gentleman ! lrnm Frederick, that in forming an Executive, we should look to a state of things, when we may he at war with our neighboring staics.or a foreign eueniv; &. said if we are to look to such a stale of things, we would set ourselves to perform a work which human wisdom cannot achieve. "When tlir.t event shall occur,and we nrc in po litical bring, t.lie exigences of the times will provide for them. Sure as man is man, the sword will have no small influence in settling the form of government at that rime, whether it will be u military despotism. z monarchy, or any oth.-r form. Until that time, we shall enjoy tho bc.cfits of the common law, trial by jury, &c lie looked in forming a government to the j present times, and rot to circumstances which man cannot provide for. Nothing was more incompatible with the power of man than to provide fur such a state of things as a dissolution of the Union What i kind ot Executive is tlicn ncccssnry for us? That is | the question we have to consider. All wc y/ant isuu I Executive to suit our present circumstances*. The prospTttyc operation of any political principle can not ho looked upon with certainty. When we have j a government that answers our present purposes, he would appeal to the gentleman from Fauquier, whe ther wc should change it for another. Air Eeiqh then stated that the present Executive answered all the purposes of Virginia, and he asked what v. is proposed? To a!>oli.-b it altogether, not to j re-model it. He stated tho different views of gen- j tinmen ns to the organization of the Executive Coun-! cil, home preferred an ordinary Council—and some u controlling Council. If was proposed to mpke the Governor independent. What was the object of it? He referred to the distinction made in the dlifijr cut Constitutions ofthc states b -tween i ho Executive, Judicial and Legislative departments. It wa* r.e- [ ver intended they should be dis’inct, only in this respect, that -he power of two of them should not j be i xercisod by one. atthosam'- time. This max-1 im of .Montesquieu is llustrnted so distinctly,that he.! thought it would never bn questioned again after the j appearance of that paper in the Federalist which] j contained it. To what end therefore was it-propo sed to make him more independent? lie repeated you cannot infuse into the Executive, such a power) as proposed, without introducing n spice cf monar-! ohy. He did not use the term in an olfensivc sense, i but in it* given English s* n^e. If he was a subject of England, he would support the present monarchy of England, because without I I it, she ronld not defend herself against France.— j i He would not form f>r Virginia an Executive, such 1 as I hat of the U. 8- The difference between the! I gentleman from F uquier and him. was that the for-i mer was wishing to provide an Executive for the! foreign relations of the country. The gentleman from Fauquier’s proposition, was i to bind the Governor to consult the council, and not! to bind him to obey it. Thus tho whole would depend «n the ,personal Character of the governor. A mo dest man fand there arc more political than p^r yrtinl cowards) would aslt 11.0 advice, and s<» shield UimscU from responsibility, while an obstinate man would ask the advice merely in obedience to the in junctions of the Constitution, and then give him liberty to disobey it. lie referred to the division of departments propcs eu :a the Executive. The effect would lie to intro duce men who Imd only a knowledge of the affairs uelongmcr to each individual, and not a certainty of Knowledge jif the business of the Executive. ilo.V < on id I Ids certainty ol knowledge tie obtained wilb out an Executive Council? Every member of the Executive Council, mu ;t role on ihe action of his pre decessors. Oor forefathers took i* into tbejr heads that as it would bn absolutely necessary in r.uiltde much pat ; rona-re to the Executive, it u »s tLo noco-isury to di j vine that patronage, to protect its nb>^e. If the | proposition oft!:« gentleman from Eauqnicr prevail, |uii the patronage would be vented ut the Executive i Look at the patronage ns it now ys. The Execu ;tiv>* ol \ irgima hts out every unporta>)i» cuutmet for many important purpmcrK—:^n»-(lspiti>li'thc Armory, , the iVnitentisry. u is propo'ed to give hint ail the ; pat roiiage. A great deal v.tis said about cattensses iu j eviction ol Covernor. Me did not believe it—he nev er knew it. lor the situation was of little emolument and one of no ambition. lie referred to the state ot the election;;of Govern- j or ;n other Mutes. Ho referred to the newspaper 1 accounts oft hem only. According to them, ail Clover- t nors i>f Pennsylvania from Thomas M'Kean were ! toe rankest f Js tout could bo; so the papers state, j ‘‘Very description of tolly is metamorphosed, on the ! opp -itc sidy to wisdom lie said bad smells ami i perfumes of every kind w<*re equally loathsome to j him. lie emild endure neither. So lie esteemed | the abuse and oulogieins of the I’rcss. Both were i equally disgusting to lion Go to Naiv York, and i according to the papers there all their Governors art* knaves. A gentleman stud that luis government was a newspaper Government- Every man's merit is decropid—one side praised and the otlrer damned to hell, without remorse. \\ o will have the whole scene re-enacted in Virgin ia. We regard the freedom of the Tress as the most inestimable blessing fie was at a loss to decide whether the trc-cdom ol tiir* pre.-sor ii*> licentiousness, be should term it, was a greater cur®o than the en slavin'/ of if. When the press is enslave ], the country is cursed; when it is licentimrti, it is also cursed, 'i'his ptiuJnle would regu late tne election ol Governor ^ He was told that the Executive Was useless; and l>\ them who do not reflect on the institution. It was not always filled hy tiie ablest men, but they were competent to discharge their duties faithfully. 1 he salary was hist oU’F pounds. litsUuv wnu.d show that the Executive Council, >.i f<tlU>r, once con uiiacd men, two ol whom vveic I’rOsidcms of the United ijrates, and one Chief J ustice of tiie U. S. The Executive has acted well, and for all ti.e Liupcses it was miendvd. It does not become the pruth.ie# ofthe gentleman Item Fauquier to make the exprrirm-ut. He knows he is free, and all he wants is that, i io would H-ll the plan which occur red to linn to remodel the Executive Council— it was to reduce the. number, and to double the salaries of the remainder. That was however the Utsiness of the Legislature. Another change ^osijci make, as to ihc House of Mcle&utes* He would ch.mgu the mode cl the removal of the Council—apooint a i.n ut. Governor, and elect the Councillors ford years lie objected to the proposition of the gentleman from Northampton, ••-•c.ruse n limited the term to 3ycais. and because it did not t to vide Tor the casuany of the death of Councillors He tiust.A the proposition of the gentleman from Fauquier would be rejected, t le preferred tiie others proposed. o'clock10 n'"tUm *he Committee rase-at 12 , I he Hoirsc adjourned till I o'clock. ' When the Convcpfion re asseiin ietl thetiAuje „ -..to rejoHed I itaeh into a Committee of the Whole. The Former question being pending, Mr. Scorr said it was not his expectation to renew thu dis cussion. Much less did he expect the renewal Of it to-day. His misfortune was to lie different from lire gentleman from Chesterfield, as to heal lit. That reason alone would induce him not to embark in the discussion. He expected a silent vote on tl.p question, as the friends ol the Executive had ex htiu sled all their arguments. The quc>tiun in favor of that subject \\ l\* formerly lost. The impression was that it would ; not exercise a veto. The decision was, be thought, that either I we should have a (.ouncil or not. There was weight of ar^u * ment on both side^of the question. He endeavored to steer a i middle couise. He stated the nature of his plan—tiiat we should have a Lieut. Governor, Sec. If there was no Council, wo must have a Lieut. Governor. His plan embraces these oSjenta If his proposition were adopted, he must strikeout the second re-oJutiuu. Ii is plan flittered from that of the gentleman from iNmtlianipton. Me (»\lr V.) preserved the veto of the Governor-in the Council, whereas he proposed to allow him to adopt it or not. Some of the arguments of Mr. V. did not apply to the proposition he offend. U their advice wouh i;othi;:£ wheUier^you pursue it or not/ Y\ ill yon tell the commandcr-in* chit-f to call a council of war, and not obey it? So far with the argument of ti.e gentleman from Northampton. As to the cet). tlcmaii from Chesterfield, who has onlv suffered pain from°iiie “scratch ” It was only the scratch he fill. He (,\lr. SA would appeal ‘be body of the House, that the Executive had acted badly nn lltc country. It is very difficult to persuade gentle men who enter into Hie defence of the present system, to chance it without alarming their fears. This department required, he reared, the amputating knife. Me would not attempt to follow the gentleman Irorn J.hestcrfbld, as his arguments were directed against tlic proposition of Cite gentleman from Frederick, and against the popular election of (governor. These received their quietus a few days ago. Tiie same arguments applied to the present question. He agreed with the gentleman from Clici^rfieW, that the governor should be responsible. tie were told that the acts of the Governor were on record. vVewere told hy tlje gentleman from Charlotte, whom he re gretted not to see in Ins seat, “that publicity was the soul of virtue.” \t c have beeu told that the Council was excellent, because perpetual That is the condition of the Council ho recommends. And then when the Governor comes in, he will t'i;ri two Councillors, two of whom know their business. Wc were told that this is the most responsible Executive in the world, lie considered it a valuable feature. All ihrirchar aeterist:cs arc retained in his proposition. Erst: we are told it h a ptUicct auamojy to make the Council inferior to the person to b« advised. Will you place these powers in the hands of the Council, without confront, or in the hands of the Governor?— According to his proposition, the Governor may consult his C ouiicillors, and may stand Mill or £o forward on his ou*n ro sponsrbdity. We thus strike the golden mean, and ben the < io vernor from the imputution of sinister motives or sinister views. He referred to an observation he heard from the gentleman from Orange. Instead of having 1 Governor and B Councillors wc have 8 Governors and 1 Councillor. Me compared the re' ..ition in which tiie Governor stood to the present Executive (. ouncil, to that of Governor Sancho to Doctor l’cgriie Tin Governor may propose but the Council will resist. h or these reasons he raid be would vote against any Coun cil constituted ai the present is. The fpiestion on the amendment to the amendment, w as then put, and carried in the negative —oves -14, ones 4B. Mr 1 irziii'ffti proposed to aim:ml the amendment by tiie foi lowing resolution: "11-solved, That the Executive Council ought to be abol ished.” Mr Fitzbugh’s amendment was carried in the affirmative— ayes l><). Mr. MAffix moved that the report oi the Judicial Corornittuc be taken up Mr Stan mid suggested tint the other resolution*, the Oth and 7th of the Executive Committee, ought to be considerad. Mr. TxtzvANT. after a few observations, moved the following amendment to both resolutions. The resolutions are: ‘•6th Resolved, That the commissioned officers of militia companies be nominated to the Executive by a majority of their respective companies. •th. Resol'd, That the field offi-ersof regiments, be nomi nated to the Executive by a majority of the commissioned offi cers of their respective companies ” Mr Trzzvaxt submitted tiie following, |>y way of a subst! tute: "Resolved, Tiiat the mode of appointing m-btia officer? ought to be provided for bylaw: Provided, "nevertheless, that no officer belojv the grade of a brigadier General, should be ap pointed by the General Assembly-” Mr Macrax submitted tiie following in lieu of Mr. Trez vant’s resolutions: "Retail ed, Tiiat tiie General Officer? of the Militia shall la; appointed by the Executive, by and with the advice and con sent of the Senate, upon the nomination? of the field officers of the militia in such districts, and in such manner as shall be prescribed by law. "Resolved, That nil other officers of the militia, shall be appointed in sich manner a? shall he prescribed by law ” ije thtett Btyned Bgiinsj tiro Impropriety of electing a ni'.ita ty officer who had no quaiification whatever, to entitle him to such a station He referred to the Military system of Tennessee as «ui argument ... favour of his proposition. » . L. *' KK?V ANr fctatHu the nature of his proposition, and the niiwrente betwue. it and lliat offtxod by the gentleman from 1-uiiquier. Me preferred h:s own suhemu, vir. that Uie power .al,J,on'"'1<:"t "l military office,, of a higher grade, 4k»uM be vested in the Legislature. * ’ ,>lr. \Iacaaxmade a few observations in reply to Mr. Trer M r Mor.ia.n- stag'll the nature and manner of the appoint. M’otary officers. Me referred to the plans proposed l>} the dil.ere.it gentlemen who haj spoken, lie proposed to unert the .olfewmg words: “cjmpan.i >, battalions, and rogi tft«vnt>, | «! an amcndinirni. ° •V I A-rwux^kt-d where the nominating pnw er could be gathered liom? ‘ Mr ,\1 vckai. replied, ti.,u the LegisY»t:-;e would decide tU ru-.raijs. I n ives tmat ; iaintru with the military establishments oi the country, mid would not theiefore detain tlieCoi.mii-.tue by going into ti e question Me then p.octeded to sUitn U.u d,thcultH.so, ,vi:omiui:miingtilficcrsto the Lxeotitive Me *vas opposed to any plan giving Jo officers ih. .ov/cr of u> •witiimcndatg then superiors, >>: to t|,e >o:dici- tho power *>f ie- I eotnmendmg their officer* Kvt rv military officer prefers sci.i- 1 iir.iy. here was i(,e vch-oi w here the test cm,M (,*• supplied i lrotu. It uouhl m i ilx> ofi\?en» and roMicr? opiK>M.*tt respect ively to each cither. r ; Mr. ytv.msAx said h*: was opposed to the plan of allowing I the suhurdmaty oifiia-rV to appoint their successors. The effect j w ould he, that yi the musters, the candidates would endeavor I te recommend tljenjielves by improper means, and instead of; ini.itary qua.dicatious being a recommendation, the n ttn who employed the most liberal purse, would succeed It would create heart burning amongst them If these various proposi tions are rejected, ae would offer Use resolution be had i‘i hi* hands. Mr. IWa.t said he would move to strike out that pair requi- j ring Uie advice and ccuimuiI of the feenate. Mr Tiin-.v N-r made a few observations in reply. He was i opposed to giving the. power of appointments to ilia LegLia ! »c c* Mr made some remarks in reply. ,*Lr t.oAiTm snt > ted *o gentlemen, (<> strikeout the part of i the resolution referring to the advice and consent of tiie Senate 1 tie question on the amendment to me auTeiulinept, was put and miriied in the negativ e-a} es -10, noesdff Mr. Macrae then submitted two verbal alterations of tS^i amcitciitent. Tl. y were rejected. Mr MiRci.it saiit bo would vote f;*r the amendmerit of the gentleman from Fauquier. .Mr. Ci.aibokne said it was rejerlrd. a! c question on striking out the Cth and 7th resolutions, was pat and carried in the affirmative dir. L)»nronnet. niov^.i that the Clonunittee rise. The motion i was lost. | The question on the amendment was carried in the affirm a- * live—nye_s *15, noes 41. The Committee rose. l he Convemioa then adjourned till 11 i>Y.lu.li to ntotr.rv,*. Thurso a v, Due. 10. At half past 11 o’clock, the Convention was ••ailed ! to order. Mr. P. P. Barbour presided. Mr. Ca MPBKI.L moved the adoption of the follow- I ing resolution: • “Resolved, That a Committee be appointed te procure a convenient and suitable house for the r'cUb- ' oral sons of this Convention.” The resolution was agreed to, and Messrs. Sum mers, Campbell, Nicholas, Leigh, and Johnson, were I appointed as a Committee. A motion to lay the resolution on the table was ne gatived. The Committee was, by resolution of the Conven tion, authorised to make suitable arrangements for the Convention in the Old Baptist Church. The House resolved itself into Committee of the Whole, Mr. Goiujon in the Chair. On the motion of Mr. Scott,the Committee took up the report of the Judicial Committee. The rcaoUnions taken ftp seriatim. The first resolution was passed ovei for the pre sent. Mr. Huxderson moved to amend, by striking out the second resolution, which is 113 follows: “Resolved, That the present Judges of the Court ot Appeals, Judges ot the General Court, utul Chan celiors remain in office until the expiration of the first session of the Legislature held under the new Consti tution, nnd no longer. But tlio Legislature rnay cause to be paid to such of them as shaft not be re appointed, such 6um as, from their age, infirmities and past services, eb&ll be deemed reasonable.” lie road the 6th and ftth resolutions, and compared them with the 2nd. They covered, he said, the whole ground, and iucluded all the possible cases where offence might be committed. But he consid ered the 2nd resolution as unjust and unfeeling—he hoped therefore, we would place the Judiciary whete all officers of the government are. If they do wrong remove them—if cot, let them remain os ail other of tieers. Mr. Morgan moved to strike out the words, “But the Legislature may cause to hr: paid to such of them n9 shall not be re-appointed, such sum as, from their age, infirmities and past services, shall be deemed reasonable.” lie ditl this, because this clause is unnecessary. The Legislature would have the same power still. But the Convention should not., be thought, take upon itself to remove all the Judges. Mr. Scott wished to amend the resolution, by stri king out the word “may,” nnd in lieu thereof, insert “shall.” To enable Mr. Scott to do this, Mr. Morgan withdrew his amendment for the present. Mr. Scott raid he had the honor to propose ibis rcsoluion in the Committee. He offered it to ena ble the Legislature, if it deemed proper, to make a radical organization of the Judiciary, and to make an adequate compensation to those judges who would be removed. The judges accepted the office under a contract that they would retain it flaring life, pro vided they behaved themselves properly. It was hut justice to reward those removed, and if the wards are stricken out, he would vote ditfcrently from what he did in the committee. The question on the amendment to strike out, was then out and carried in the negative. The queotion being on Mr. Morgan's amendment to strike out tire las' clause, Mr. Morgan said that the meaning of Mr. Scott's proposition, wns to enable the Legislature to coin ponsate the judges who may be removed, with a salary for life The question on the amendment wns carried in the t negative—ayes 39, not s 40. Mr. Henderson renewed his motion to strike out the whole resolution. Mr. Doddridge moved to strike out the word ‘•held,’ and insert “election.” Mr. Doddridge stated his icasons for offering the amendment. He thought it probable if this Conven tion adopt a Constitution the law relative to appoint ments of officers past last spring, must bn repealed. When rep esrntation shall be apportioned,and a new Assembly on the new apportionment established, he wished the organization of the Judiciary, and not till then. The motion prevailed. Mr Powr.i.1, opposed the motion to strike out Hie . 2d resolution The people agree that a new or* ganization of the judicial system, it absolutely nrces sary. To attain that object, it is ncc ssory to reti in that resolution. Suppose the Legislature think pro per to constitute a court of Appeals.—to reduce them from 5 to 3, what mode could they odopt5 By the odious plan of removals. Y7as it not better then to make the official character ofthc judges termi nate nt the period proposed? Many of the judge; would be reelected by the Legislature. Mr. Nrcuot.AS said he always looked forward to the decision of this question as very interesting. r.« giving I n character to the deliberations of t his body. He i came here opposed to make any change bat what is necessary. lie was opposed to vacate all the offi - ces of Judges by a sweeping clause in tins con-Mtu ■uni »'■' *1 I mu' ii II iiOMNMariteB* tioru It was sgid that as the Judges are to come un der a new constitution they should be renewed*— This wax a subtlety. lie referred to what our an cestors did at tiie separation of this country from Great Britain. They did not remove nlrthe officers. Bv the revolution the judiciary was changed. The judges under repel authority were removed—therr of fices were abrogated, in the const tuition there is an express provision to retain certain officer's who were under the regal government. lie voted against a Provisi°n for the judges, because he was oppos ed ii un roduction of the pension system. Great Britain ai present gresns under that system. There-' ti.'r»* considerations of4 sound policy induced him to cut- against thus provM.vn. ‘lie was in favour at' compensating those who rendered services in war. But why remove the judges? They have been guilt? of ne. offences. He was acquainted with the jud ges, and alt hough there were some exceptions, he a hew no body of men of more pr«»pe« conduct. If. yon turn judges adrift <»;» society, Would it be magna nimous to do so without some compensation, if it is necessary to change the system, why vacate the seats of judges? By the resolution the Legislature, has power to modify the courts without removing these judges. Two thirds, of the Legislature can bva vole remove them—or by impeachment. If a judge is disabled by indisposition, the remedy provided by the report will meet snch a case, ’f'he gentleman from F rotierick says the last judges will be re-elected. He was not prophet enough to say so. But if there i:; any incompeiency in the judges now. the Legisla tive can remedy it. He hoped we would have more isapi.Minimity timu to turn out these judges. These reasons induced him to vote against the mo tion. -Mn. Co.u. rrn. addressed the committee, and hop* nil he would be excused from voting. Leave wax so griinied. The question to str.ke out the 2nd resolution wes the negative Ayes, only 2£>. ve d to slrik.e out the word ‘first* before ‘serisiorP^nj^^jsyrt it before the word ‘Le gislature ’ Agrceav^jj^jgj _ The da resolution was consideration ‘ Resolved, That Judges of the ctfw$£%f. Appeal.} and inferior courts, except Justices orra?: tnunty courts, arid the Aldermen, or other MagistraWsuof corporation courts, shall be elected by the concurrent v 1e of both Houses of the General Assembly.‘each House voting separately, and having a negative on the other; and '«ho members thereof voting viva voce.’ The votes of the members snail be entered on the Journals of their respective Houses. Should the two Uoiisp& in tiny cn-'e tail to concur in the elec tion <>r n judge, during the session, the Governor shall decide the election, by appointing one of the two persons who first received a majority of votes irt the fl uises in which they were respectively voted for. dut. it' any vacancy shall occur during the recess of the General Assembly, the Governor, or other pW sun performing the duty of Governor, may appoint .t person to fill such vacancy, who shall continue in office nr.til tho end of the next eiiccccding session ol the General Assembly. . ° Air. Fit/.hug*i suggested to the venerable Chair man of the Legislative Committee an incongruity Le tween the -ith and Jd resolutions as to the payinen* of the Justices oi'County Courts. | At the tmcggcst.ion o.t Air. Makshau. he postpon led his ainenduvv.nt which lie said could be as v.vJl ol ferted by amending the -1th resolution. Air. Wilson moved to strike out the ward “con current” and to insert the word ‘-joint.” Air Wilson at the request of Air. Thompson ex plained his reason for the proposed amendment, but he was inaudible to us. Air. Thompson said he was of opinion until he came here that the best depository of electing officers I was in the Senate and Executive, but what he heajd on the door and recent events in the Federal Gov ernment combined to change his opinion. He was opposed to vesting the appointing power exclusively to the House of Delegates. By vesting the appoint ing power in the two Houses, it would make them the nominating power to the Executive. Air Wilson replied to the observations made by the gentleman who had sat down Air. Giles spoke in" favor of the amendment to strike out the word “concurrent.” VVe had experi ence, he said, in favor of that mode. This mode wtt9 most, exempt from that kind of rubai complained of in elections. Thera is, tea, simplicity in tlris, which von cannot get by having a concurrent vote in the Houses. He refereed to an instanre in the Senate of Pennsylvania against the other mode. He considered it a question whether the people nrc to elect 1 heir Executive, Military and Judicial offi cers. They cannot elect them. Il is sufficient for their own good to elect their Representatives, and any more power would be injurious The people could not know the qualifications of Judges—they are not competent to do so. He opposed therefore the plan to give the people such power. Whal Is one of the objects of electing Representatives, but to make these elections? Information is necessary to make elections; how ran the people procure it? Tin people then must have their knowledge from elec tioneering men. Thisisthe most baleful spirit ever, conjured up in this country—the spirit of electioneer ing. He would make an observation ns to the mo dus operandi in the House of Delegates. What gentlemen called leg rolling, lie consulcied merely a comparison ofopinions so ns to derive information on t he qualifications ofcach member who is a candidate. It were necessaary to have such a comparison ofo pinions. Upon this view, if the election is conducted viva voce, the people will have more responsibility.— lie would vote in favoi of a joint vote. Ho explain ed the advantages derived from this plan, and the in conveniences of the other. The question was divided, and the motion to strike out the word “concurreot” was carried in the affirmative. The question being to insert tho word “ioint,” Mr. M a son said, as the re.sohuioa was rendered in operative by t he vote taken, lie would move to strike out the whole resolution. Mr. McnctR stated lus objections to inserting the word “joint” He referred to the question of the ba sis of representation, as regulating his opinions on, tho motion. Mr Mason considered the resolution unnecessary, Mr. Cookf. said there should be some provision in the Consi itution, for the election of .ho officers of inferior courts. The question to insert the word “joint” was car ried in the affirm;.five. Mr. W11,son agreed with Mr. Mason that the re. m.itte of the resolution wag almost useless. There \\ is one paragraph unnecessary, it was the following: “Each House voting separately, and having a neg ative on tlie other; and the members thereof voting virci v>re. The votes of the nu mbers shr.il be en tered on the Journals of their respective Houses. Shoo d the tw • Ileuses m any case fail to concur in the election of a Judge, dqring the session, the Go vernor film’ll decide the elerticn, hy appointing one of th" two persons who first received a major tv of votes in the Houses in which they tverc respectively voted for.” The remainder was retained. Mr Pi zuroti proposed to amend the *iih resolu tion by insuring after In- wo d “courts’ the Words, “except justices of the county mints and ilir , t h i men nr other nmgistrnfos of oorpora ion courts — Mo tjjnt the re- In'ion would tend, fTrw'!n’Jt*i ert 'lfc'i pV' /