entertained that if they were allowed, as at present, to sit till two o'clock, they might, perhaps, finish their discussions to-morrow.

A debate on a question of order now arose, in which Messrs. Stanard, Doddridge, P. P. Barbour, Mercer, Leigh, M'Coy and Johnson took part.

It was affirmed on the one hand, that nothing would be gained by laying the resolution of Mr. Leigh on the table, because the report of the Judicial Committee, having been referred to a particular Committee of the Whole, and made the Order of the Day for to-morrow, the Convention would still have to meet, go into Committee of the Whole, and take up the report, unless the order were postponed: and a general order, if necessary, might as well be postponed as a specified one, though indeed, the general standing order would not involve any necessity of postponement. If the resolu tion should be adopted, the Committee of the Whole would be at liberty to take up, at its own election, either one of the reports referred to it; comparing each with the corresponding portion of the existing Constitution. It might pass, at will, from one of these reports to the other, without the ceremony of rising, reporting, and again sitting, for that purpose. It might sit on any day, without being confined, as must otherwise be the case, to a particular day specified; and its powers in this respect were illustrated by reference to the practice, as well of the House of Delegates, as of the House of Representatives of the United States.

It was insisted, on the other hand, that there was no rule which now bound the Convention, to make the consideration of a subject referred to a Committee of the Whole, the Order of the Day, for any particular day. That the Committee of the Whole existed already, and a subject had been referred to it: when that Committee met, it might take up any subject whatever, which might have been referred to a Committee of the Whole: in this Convention as in the House of Delegates, there existed but one Committee of the Whole; and all subjects referred in that form, belonged to it, as of course, and might be taken up in such order as the Committee it self should choose. There was no need of referring to it the existing Constitution, because a comparison of the proposed amendments with that which they proposed to amend, was necessarily involved in the discussion of such amendments; nor was it at all desirable, that the Constitution should go to such Committee, and there be taken up, and considered by sections, as though it were a reported bill. When an amendment to a law was referred, either in the House of Delegates, or in Congress, to a Committee of the Whole, it was never the usage to refer to that Committee the origi nal law also.

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 aflirmative-Ayes 40-Noes 37. So the resolution was laid upon the table accordingly.

Mr. Nicholas, who had been in a minority of 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 ninth and tenth sections of the present Constitution be retained, and that the eleventh be substituted by the following resolution:

A Privy Council, or Council of State, consisting of four members, shall be chosen by joint ballot of both Houses of Assembly, either from their own members, or the people at large, to assist in the administration of Government. They 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 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 LieutenantGovernor, as the case may be, shall be sufficient to act, and their advice and proceedings shall be entered of 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 first class, shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year; so that one half may be chosen every second year; and if vacancies happen by resignation, or otherwise, they shall be filled by joint ballot of the two Houses of the General As sembly. 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 from the Judicial Committee tomorrow, was, on motion of Mr. P. P. Barbour, re-considered, and altered to Monday next; whereupon, on motion of Mr. Powell, the Convention adjourned to meet to morrow, at two o'clock.

THURSDAY, OCTOBER 22, 1829.

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

Mr. Giles moved, that the report from the Committee on the Executive, be now taken up; which motion being agreed to, he then moved that the report be referred to a Committee of the Whole.

Mr. Stanard suggested to him the propriety of forbearing his motion till the House should have come to some decision upon the resolution offered yesterday, by the gentleman from Chesterfield, (Mr. Leigh,) and now lying upon the table: the Convention had not yet determined whether it would have a Committee of the Whole, analogous in its duties and powers, to a Committee of the Whole, in the House of Delegates. If the motion should be pressed at this time, the effect would be, that the report would go to a distinct Committee of the Whole, from that to which had been referred the report from the Judicial Committee: for, as there has been separate orders, there would, of course, be distinct Committees. But if the Convention should agree to adopt the resolution upon its table, the order referring each report to a distinct Committee of the Whole, would have to be rescinded.

Mr. Giles observed, in reply, that not having been present yesterday, he was not apprised that any difficulty would arise from the motion he had made, but seeing that some embarrassment was apprehended, he would, with great pleasure, withdraw the motion; and he withdrew it accordingly.

Mr. Powell said, that although he did not regard it as at all important that the report should be referred at this time, he did not perceive the same difficulty as had presented itself to the member from Spottsylvania, (Mr. Stanard.) The report might, certainly, be referred to the same Committee of the Whole to which had been referred the report from the Judicial Committee; and in like manner, the reports from all the Select Committees, might be referred to one and the same Committee of the Whole; who would then have the whole before them at once. He saw, he said, the gentleman from Orange, before him (Mr. P. P. Barbour,) shake his head, and he was well aware that he had far less experience in Legislative proceedings than that gentleman; but unless he was greatly deceived, indeed, the course he had indicated was frequently pursued in the House of Representatives of the United States.

Mr. Barbour replied, that the gentleman from Frederick (Mr. Powell) was certainly correct, when he stated that several analogous subjects were often referred to the same Committee of the Whole; but then those subjects were not all held to be before the Committee at one and the same time; but were taken up consecutively, and each considered and discussed by itself, and as distinct from the others.

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 present 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 to them referred, under their consideration, and have further, in part performance of the duties devolved on them, agreed upon the following resolu

tions:

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 first and second 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 twelfth, twenty-first, and twenty-second 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. M'Coy, the House then adjourned.

FRIDAY, OCTOBER 23, 1829.

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

Mr. Madison from the Committee on the Judicial 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.

Reso'red 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 34, 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 dis parity 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.

SATURDAY, OCTOBER 24, 1829.

The Convention met at two o'clock, and its sitting having been opened with prayer by the Rev. Mr. Parks, of the Methodist Church,

Mr. Madison, from the Committee on the Legislative Department of the Government, made the following report:

The Committee appointed on the Legislative Department of the Government, have, according to order, had under consideration the subjects referred to them, and have agreed to the following

REPORT.

1. Resolved, That in the apportionment of representation in the House of Delegates, regard should be had to the white population exclusively

2. Resolved, That a Census of the population of the State, for the purpose of apportioning the representation, should be taken in the year 1831, the year 1845, and thereafter at least once in every twenty years.

3. Resolved, That the right of suffrage shall continue to be exercised by all who now enjoy it under the existing Constitution: Provided, That no person shall vote by virtue of his freehold only, unless the same shall be assessed to the value of at least

for the payment of taxes, if such assessment be required by law: And shall be extended; first, to every free white male citizen of the Commonwealth resident therein, above the age of twenty-one years, who owns, and has possessed for six months, or who has acquired by marriage, descent, or devise, a freehold estate, assessed to the value of not less than dollars for the payment of taxes, if such, assessment shall be required by law; second, or who shall own a vested estate in fee, in remainder, or reversion, in land, the assessed value of which shall be dollars; third, or who shall own and have possessed a leasehold estate with the evidence of title recorded, of a term originally not less than five years, and one of which shall be unexpired, of the annual value, or rent of dollars; fourth, or who for twelve months next preceding, has been a house-keeper and head of a family within the county, city, borough or election district, where he may offer to vote, and who shall have been assessed with a part of the revenue of the Commonwealth within the preceding year, and actually paid the same: Provided, nevertheless, that the right of suffrage shall not be exercised by any person of unsound mind, or who shall be a pauper, or a non-commissioned officer, soldier, sailor or marine, in the service of the United States, nor by any person convicted of any infamous offence; nor by citizens born without the Commonwealth, unless they shall have resided therein for five

years immediately preceding the election at which they shall offer to vote, and two years preceding the said election, in the county, city, borough or election district, where they shall offer to vote, (the mode of proving such previous residence, when disputed, to be prescribed by law,) and shall possess, moreover, some one or more of the qualifications above enumerated.

4. Resolved, That the number of members in the Senate of this State ought to be neither increased nor diminished, nor the classification of its members changed.

5. Resolved, That the number of members in the House of Delegates, ought to be reduced, so that the same be not less than one hundred and twenty, nor more than one hundred and fifty.

6. Resolved, That no person ought to be elected a member of the Senate of this State, who is not at least thirty years of age.

7. Resolved, That no person ought to be elected a member of the House of Delegates of this State, who is not at least twenty-five years of age.

8. Resolved, That it ought to be provided, that in all elections for members of either branch of the General Assembly, and in the election of all officers which may be required to be made by the two Houses of Assembly, jointly, or in either separately, with the exception of the appointment of their own officers, the votes should be given openly, or viru roce, and not by ballot.

9. Resolved, 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.

That the Legislature shall have no power to prescribe any religious test whatever, nor to establish by law any subordination or preference between different sects or denominations, nor confer any peculiar privileges or advantages on any one sect or denomination, over others; nor pass any law, requiring or authorising any religious society, or the people of any district within this Commonwealth, to levy on themselves or others, any tax for the erection or repair of any house for public worship, or the support of any church or ministry, but that it be left free to every person to select whom he pleases as his religious instructor, and to make for his support, such private contract as he pleases: Provided, however, that the foregoing clauses shall not be so construed, as to permit any minister of the gospel, or priest of any denomination, to be eligible to either House of the General Assembly.

10. Resolved, That no bill of attainder, or ex-post facto law, or law impairing the obligation of contracts, ought to be passed.

11. Resolved, That private property ought not to be taken for public uses without just compensation.

12. Resolved, That the members of the Legislature shall receive for their services, a compensation, to be ascertained by law, and paid out of the public Treasury; but no law increasing the compensation of members of the Legislature shall take effect until the end of the next annual session after the said law may have been enacted.

13. Resolred, That no Senator of Delegate shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.

Mr. Madison moved that the report be printed, and referred to the same Committee of the Whole, to which had been referred the report from the Committee on the Judicial Department.

Mr. Leigh of Chesterfield, requested the venerable mover to withdraw his motion for the present, until the Convention should have taken up, and decided upon, a resolution now lying on its table; and which, if adopted, would supersede the necessity of such a motion as had just been made.

Mr. Madison said, he would very readily consent to withdraw the motion, which he had made only in pursuance of the course taken with the other report; and the motion was thereupon withdrawn.

On motion of Mr. Leigh, the Convention then took up the following resolution, moved by him on Thursday last:

"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 said Committee."

Mr. Leigh said, that when this resolution had been offered, it had been encountered by objections from various quarters of the House, all of which, he hoped, further reflection had since removed. The whole purpose of the resolution was, to conform

the practice of this Convention, in relation to its Committee of the Whole, to the course pursued in the House of Delegates; and did he believe that precisely the same object could be obtained in any other way, he should not have the least objection: but he did not think that that was the case. The original design, as proposed by some gentlemen, was, that the Convention should resolve itself into a Committee of the Whole, on the state of the Commonwealth, and there take up and discuss the various subjects reported upon by the Select Committees. But, said Mr. L. this Convention has not been charged with the state of the Commonwealth, but only with the revision of its fundamental law. The only duty assigned to us, is to consider the existing Constitution, and to propose therein such amendments as we may deem requisite and proper: for that reason, I suggest that instead of raising a Committee of the Whole, on the state of the Commonwealth, our's shall be a Committee of the Whole on the business before us. The course indicated by the resolution must be familiar to all who have served in the House of Delegates. I do not say that the practice there pursued, is the best that exists in the world; but it is the course best known to us.

Messrs. Mercer and Doddridge stated, that having had conversation with the gentleman from Chesterfield, in relation to the object and bearing of his resolution, the objections they had formerly entertained were removed, and they were now fully satisfied that it should be adopted.

The question being thereupon taken, the resolution was adopted nom, con.

Mr. Madison now moved the reference of the report from the Legislative Committee, to a Committee of the Whole; and it was so referred.

Mr. Giles made a similar motion, with respect to the report of the Committee from the Executive Department, which was also agreed to.

Mr. Marshall observed, that it was obviously convenient, that all the reports from the Select Committees, should be before the same Committee of the Whole; and as he believed, though he was not entirely sure, that the report of the Committee on the Judicial Department, had been referred to a particular Committee of the Whole, distinct from that recognized in the resolution this day adopted, he moved, if that were the case, that the particular Committee of the Whole, to which the report had gone, might be discharged from the farther consideration of it, and that the report might take the same direction, as had been given to those from the other Select Committees. The motion prevailed, and the report from the Judicial Committee was thereupon referred to the Committee of the Whole.

Mr. Powell moved, that certain resolutions, which at his request had been yesterday laid upon the table, and ordered to be printed, should now be referred to the Committee of the Whole.

The motion was agreed to, and then on motion of Mr. Leigh of Chesterfield, a general order was passed, directing that all reports made by any of the Select Coinmittees, as well as all propositions, heretofore moved in the House, be referred to the, Committee of the Whole.

On motion of Mr. Stanard, it was resolved, that when the House adjourned, it adjourn to meet on Monday next, at eleven o'clock, A. M.

Mr. Fitzhugh said, that he should have forborne to submit his personal views on the subjects referred to the Committee of the Whole, but for the course pursued by other gentlemen. As his views differed probably from both of what might be called the great parties in the House, he would ask the attention of the Convention to four resolutions, which he had drawn up, and which he asked leave to lay upon the table, and have printed, and referred to the Committee of the Whole. Mr. F. then read in his place the following resolutions:

1. Resolved, That the Senate ought to be divided once in every

years into

election districts, containing as nearly as possible, equal portions of white population; and that each district should be entitled to one Senator, and Delegates; the former to be elected by the whole district, and the latter to be distributed amongst, and elected by the counties composing the district, as nearly as possible, in proportion to their white population.

2. Resolved, That the power of the Legislature to impose taxes, ought to be so limited, as to prohibit the imposition on property, either real or personal, of any other than an "ad calorem" tax; and that in apportioning this tax, either for State or county purposes, the whole visible property (household furniture and wearing apparel excepted) of each individual in the community, ought to be valued, and taxed only in proportion to its value: Provided, however, that no individual, whose property (with the above exception) does not exceed in value dollars, ought to be subject to

any property tax whatever: And provided, moreover, that the Legislature may impose on all professions and occupations, usually resorted to as a means of support, such tax as may be deemed reasonable.

3. Resolned, That to prevent any unfair distribution of the revenue of the Commonwealth, the Legislature ought to be prohibited from making appropriations (ex