Imágenes de páginas
PDF
EPUB

57. At the commencement of each session, the President shall appoint four pages who shall receive for their services three dollars per day each.

58. In order to prevent interruption of the business of the Senate, the doorkeeper shall be constantly at his post during the sessions of the Senate, and shall admi within the chamber no person except officers of the government of this and any other state, and of the United States; members and ex-members of Congress and House of Delegates; their officers; ex-members of the Senate of Virginia; minis ters of the gospel, and the reporters of the proceedings of the Senate; but ladies and their escorts may be assigned privileged seats. It shall be the duty of the doorkeeper to show all persons not entitled to privileged seats to the gallery. It shall be his duty, when any person desires an interview with a senator or the President, or the clerk of the Senate, to send a message to him, and such person may be ad mitted to one of the privileged seats, if so invited by either of them. And the President of the Senate shall, moreover, be permitted to invite to a seat near the chair, any person he may deem worthy of such distinction. Members of the House of Delegates have the right to free access to the floor of the Senate during the sessions thereof.

59. No senator shall be allowed to be interrupted while speaking, even with his own consent, except on points of order, to correct erroneous statements, or to answer any questions that may be propounded by the senator speaking.

60. No senator shall be allowed to vote unless he be present within the chamber at the time the Senate is being divided, or before the determination of the question upon a call of the roll.

61. When a bill seeking relief or for an act of incorporation is referred to a standing committee of the Senate, the committee shall examine whether the object can be attained by application to the courts under the general laws; and if so, it shall be the duty of the committee to report that it shall not pass unless there be special reasons for its consideration by the general assembly. And no variation of maximum capital or quantity of land which the courts are authorized to empower corporations to hold, not shown to be indispensably necessary to the objects of the corporation, shall be deemed by the committee as exempting the bill from the operation of laws conferring on the courts the power of granting charters or affording relief.

62. The clerk of the Senate shall, at each session. have printed and bound with the manual of rules, &c., the constitution of Virginia, for the use of the senators. 63. The President of the Senate, the President pro tempore, and the chairman of the committee of privileges and elections, shall constitute a standing committee on rules, to whom all resolutions amending or altering the rules of the Senate shall be referred; and said committee shall report such amendments to said rules as in their judgment are necessary and proper.

64. The rules of the Senate shall not be suspended, except by a vote of twothirds of the senators present, to be ascertained by an actual division of the Senate. 65. Motions to adjourn; pass by; lay on the table; for the pending question; for the previous question; to suspend the rules; to take from the table; to take up orders of the day; to close debate; to limit debafe; to extend limit of debate; to read papers; to reconsider questions not debatable, shall not be debated; but upon a motion to suspend a rule, or to pass by, to take from the table, and to take up orders of the day, the mover shall be allowed five minutes to state the reasons for his motion, and one member opposed to the motion shall be allowed a like time to object. And when a question not debatable is before the Senate, all incidental questions arising after it is stated, shall be decided and settled, whether on appeal or otherwise, without debate; and the same rule shall apply to all incidental questions arising after any question is put to the House.

The following communication from the governor was read by the clerk :

To the Clerk of the Senate of Virginia:

GOVERNOR'S OFFICE, RICHMOND, VA., December 3d, 1878.

Whereas grave doubts have been suggested whether the general assembly of Virginia about to convene will be a constitutional body, and the interest of the commonwealth requires their meeting: Now, therefore, I, Fred. W. M. Holliday,

Governor of Virginia, do issue this my proclamation, convening the said general sembly on Wednesday, December 4th, 1878, at 12 o'clock M., in the capitol at Richmond.

[ocr errors][merged small][merged small]

Given under my hand as Governor, and under the seal of the commonwealth at Richmond, this 3d day of December, 1878.

By the Governor.

JAS. MCDONALD,

FRED. W. M. HOLLIDAY.

Secretary of the Commonwealth.

On motion of Mr. JOHNSON, the communication was laid on the table.

A message was received from the House of Delegates by Mr. CoG HILL, who informed the Senate that that House had adopted the following resolution:

Resolved, That a committee of three on the part of the House and two on the part of the Senate be appointed to wait upon the governor, inform him that the general assembly is in session, and ready to receive any communication he may have to make.

The resolution was taken up, and the question on agreeing thereto, being put, was determined in the affirmative.

The PRESIDENT appointed Messrs. LEE and PHLEGAR as the committee on the part of the Senate.

On motion of Mr. JOHNSON, it was

Ordered, That Mr. PHLEGAR inform the House of Delegates that the Senate had agreed to the said resolution.

A message was received from the House of Delegates by Mr. BoCOCK, who informed the Senate that the House had agreed to the folbowing joint resolution:

Resolved (the Senate concurring), That a joint committee be appointed, to consist of seven members on the part of the House and five on the part of the Senate, to enquire and report what, under the constitution and laws, and in view of all the facts in the case, is the true status of the present session of the general assembly of Virginia. The resolution was taken up, and the question on agreeing thereto being put, was determined in the affirmative-whereupon,

On motion of Mr. KOINER, the vote by which the resolution was agreed to was reconsidered, and the question recurring on its adopton.

Mr. DANIEL offered the following as a substitute therefor:

Resolved (the House of Delegates concurring), That a joint committee of five members of the Senate and seven of the House of Delegates, be appointed to consider the question, whether the general assembly convened to-day is in session under the act of the general sembly passed at the session of 1877-8, or under the proclamation of the governor, convening it in extra session; and that said committee he and it is hereby instructed to report with as little delay as possible.

The question being on the adoption of the substitute,

Mr. TYLER offered the following as a substitute for the substitute offered by Mr. DANIEL:

Resolved, That the Senate, whilst not wishing to express any dis spect for the executive, would respectfully declare that it is now session in pursuance of requirements of the constitution, as ascertain by joint resolution of the general assembly at its last session.

The question being on the adoption of the substitute for the subs tute, and pending which

Mr. LEE, from the joint committee appointed to wait on the go ernor, reported that the committee had discharged the duty impos upon them, and that he was instructed by the governor to inform t Senate that he would make his communication in writing.

The question recurring on the adoption of the substitute offered Mr. TYLER for Mr. DANIEL'S substitute for the joint resolution of t House of Delegates,

Mr LEE moved that the same be passed by for the purpose receiving the communication from the governor-whereupon,

The PRESIDENT laid before the Senate the following communicatio from the governor:

COMMONWEALTH OF VIRGINIA,
GOVERNOR'S OFFICE,

RICHMOND, December 4th, 1878.

Gentlemen of the Senate

and House of Delegates:

In entering upon the duties and responsibilities of legislation the same great question rises, that confronted you at the beginning your last session, and occupied you in one form or another, during it entire term. It is the question of questions for Virginia, involving ever other. There is not a Department of the Government it does not reach there is not an operation, however apparently remote or small its detail, tha is not directly or indirectly affected by its existence or discussion. As lon as the State Debt continues unsettled, there is an incubus upon the spiri and a clog upon the movements of Virginia; when it is settled honorabl and finally, she will start upon a career that will not be unworthy of he history.

Every day I feel the heavy pressure of this incubus and clog, and full appreciate how they impede the growth and prosperity of the State. Me coming from abroad, seeking homes and investments in our midst, ar pleased with our country, but are driven away by the constant clamor o excessive taxation on the one hand, or charges of threatened repudiation on the other. The question of the State Debt has been taken, in th excitement of debate, from the field of business where it properly belongs and dragged into the arena of politics-as if such an issue was to b decided by mutual crimination and recrimination, and by the discussion it may be, aspersion of private character.

Whilst this is going on in private life or upon the hustings, the State i suffering. The ignorant or misinformed of our own citizens are forming their estimate of the real condition of our affairs-not from facts, bu from prejudices, and whilst they want their State to do what is right, from the declarations of partisans they infer that she is poorer or more careless

than the truth would justify. It can readily be imagined that the stranger, wixat the same means of information, would form similar, if not more detrimental conclusions.

Virginia wants capital and labor. She invites it cordially from beyond bar lines. She offers a climate and soil and resources unsurpassed. She extends the hand of hospitality and welcome, and shows the stranger how he an find a home, with whatever that word implies, within her borders. This be almits, but offsets it with the statement of the troubles and objections to which I have referrel, resolved into the single, but powerful argument of the unsettled condition of our financial affairs.

This is prevailing. Capital is timid, and Labor is anxious for the security of its reward. Neither is going where either is threatenedthreatened by the heavy hand of taxation, or by the stronger hand of violenne.

Our State might increase in wealth and power by the normal growth of er population and capital. Eut this would require generations-when wrought in competition with her sister states, drawing from the resources of the world, and striding with giant steps. But let us have equal chances; take away the impediments to the advent of Capital and Labor, and they will soon flow in upon us from abroad, and restoring our shattered fortunes, place Virginia where of right she ought to be, and where she has always been, among the foremost in moral influence and material power.

Thus recognizing the importance of the settlement of this vexed and vexing question for the present and future of the State, I feel equally sure that it is not and cannot be settled in the field of angry political discassion. Figures and facts are in no way illuminated by passion and prejudice; nor are great moral and political problems solve 1 by personal abuse. Whilst the day of settlement by such courses is postponed, and less incalculable inflicted, in the end the fumes pass away and the trouble is composed, just as it ought to have been in the beginning, by calm and quiet and honest judgment.

So let it be now with us in this day of great responsibility and of Virginia's travail. Forgetting personal considerations and personal prejudes, let us, with single eye, determine that nothing shall stand in the way of every honorable effort to harmonize views; thus securing a conclusion which will re-establish credit and prosperity and give a sold and lasting peace.

No future Legislature can reach this end better, if so well, as this We will not perhaps have one shortly of superior personelle or of greater devotion to the public interests. At its last session, it is true, there was much angry discussion and personal bitterness. This probably is unavoidable in such bodies when engaged in the consideration of proound and heartfelt questions of public fame and public policy, however ch we may disapprove of like courses in our more quiet moments. But I have no more reason to bring the charge of selfishness and want of patfatism against those who differed with me, than I feel that they have to bring the same charge against me. On the great and sometimes far-reaching questions that arose, I doubt not they formed their conclusions after deep study-conclusions free from the odor of any mean or unworthy motive. I have a right to demand the same charity and expect it.

But in addition to the character of this General Assembly, collective and individual, no future one ought to be expected to have larger or more

accurate information. Not only were they elected with a view to its cussion, elucidation and settlement, but the whole of the last session, Is ing for over three months, was entirely consumed in the considerat i directly or indirectly, of the State Debt. Not a single subject of any p lic importance engaged its attention that did not tend towards or cen upon that one vital issue. I hence infer, and have a right, that no body men that can be convened in Virginia ought to secure more or be able accomplish more towards the end in view.

I infer this. not only from the facts elicited, but from the questions constitutional and legal principles that have been mooted, argued and cided, thus clearing the field for the full view of the central spirit a final issue of the controversy.

It has appeared that the General Assembly is not the Government of State of Virginia. There are two other Departments whose duties are solemn and whose responsibilities are as profound. The same oath ho them within the sphere of their respective operations as bounded a defined by the Constitution. No one of the departments has a right shuffle its duties upon another, thinking thereby to evade or avoid resp sibility. Each has taken an oath, which is quite as sacred, and so to kept, as that of any other, when the time for the performance of duty com This is the very essence of Constitutional Government as handed do to us by men wiser than ourselves. It is, as they conceived, the or form in which the germ and spirit of liberty can be preserved. The m who holds office, holds it under the Constitution with its grants and limi tions. If any such is willing to surrender to another a single duty, he b already foresworn himself and is worthy the trust he has assumed care not to what department of the government he may belong. Over holding office high or low, is the Constitution, in which is express the symbol of order and harmony and safety and peace; and no man is worse enemy to it than he who holds office under it and can be driv from the performance of its duties by clamor and abuse.

Indeed I can imagine no greater want of worldly wisdom than such course would indicate, however plausible in a cursory view might seem t advantages. Nor can I conceive of any greater want of decorum a taste, to use no stronger language, than for those who hold office in o department of the government to mistake abuse for argument, and thir by such means to gain an end. Public opinion always ultimately weig these in an even balance. Hence I give others filling public office credit f honesty and patriotism, as I do to this General Assembly of my State, a am not willing to believe that any future one can more ably norably s tle this difficult problem which now so embarrasses and cramps her growt As they are bold and honest in their views of policy, I am very sure the will, like bold and honest men, give credit to those who are compelled different views from motives just as high and pure, and under obligation just as binding.

3 1

The General Assembly at its last session performed its work accordin to its views of the Constitution and justice. I will not assail, or even the remotest way impugn, its motives or any of its members, whatever ms have been their action. I have no right, and would take no pleasure doing so. But acknowledging their faithfulness, honesty and energy the discharge of their legislative functions, I think it is no disparageme to them to say that the same tribute may be paid to the co-ordinate depar

« AnteriorContinuar »