State Convention.
Wednesday, Nov. 27, 1861.
The Convention was opened with prayer by
the Rev. Dr. Burrows, of the First Baptist Church.
Mr. Morris submitted the following report:
‘
The Committee appointed to inquire into the loyalty of
Judge E. P. Pitts to the
State of Virginia and to the
Confederate States, have examined such testimony as they were able to obtain in this city, and while the evidence before them is calculated to cast strong suspicion on the loyalty of
Judge Pitts, yet in their opinion it would not justify his removal from office without affording him an opportunity to defend himself.
They therefore ask to be discharged from the further consideration of the matter, and that the General Assembly be requested to investigate the subject.
But in as much as it may be impossible to give notice to
Judge Pitts by personal service of the process, they submit the accompanying ordinance for the purpose of supplying that defect.
’
"An ordinance relative to proceedings against Judges.
‘"
ordained. That in any proceeding Against a Judge under the 17th section of the 6th article of the
Constitution of the
Commonwealth, if it shall from any cause be impossible to give notice by personal service of process on such
Judge, that the General Assembly may cause notice to be given by publication once a week for four successive weeks in one of the newspapers published at the capital of the
State, in which publication the causes alleged for his removal shall be stated, which publication shall be equivalent to personal service of the notice."’
Laid on the table and ordered to be printed
Citizenship.
Mr. Pendleton, of
Ohio, presented the following proposition to be submitted by him as an amendment to the
Constitution, which was laid on the table and ordered to be printed:
‘
"All free white persons born in this State, all free white persons born in any other State of this Confederacy, who may be or become residents of this State; all aliens being free white persons naturalized under the law of the
Confederate States, who may be or become residents of this State; all persons who have obtained a right to citizenship under former laws, and all children wherever born, whose father, or if he be dead, whose mother, shall be a citizen of this State at the time of the birth of such children, shall be deemed citizens of this State; but no person shall be deemed a citizen of this State who has given or may hereafter give, any aid in establishing, without authority of the Legislature, any government within the limits of this State, separate from the existing government, on holding or executing, in such usurped government, any office, post, place of trust or emolument, legislative, executive or judicial, civil or military."
’
The Judiciary.
The Convention resumed the consideration of the fifth section of the proposed amended Constitution.
Mr. Graham offered an amendment providing that judges shall hold their offices ‘"for the term of twelve years."’ Rejected — ayes 34, noes 74.
Mr. Haymond moved to strike out all from the word ‘"offices"’ in the third line to the word ‘"or"’ in the fourth line, and insert ‘"for such term or terms as the General Assembly may prescribe."’ Rejected.
The section, as previously amended, was then adopted — ayes 81, noes 25.
(The effect of the amendment is to transfer the election of
Judges of the Supreme Court of Appeals and the
Circuit Course, from the people to the General Assembly.)
Mr. Stuart moved to amend the 7th section, by inserting after the word ‘"thereof,"’ the words ‘"in such manner as may be prescribed by law."’ Agreed to, and the section, as amended, adopted.
Mr. Carter moved to amend the 8th section by providing that County Courts shall be held monthly by
three justices.
Agreed to, and section adopted.
Several proposed amendments to the 9th section were rejected.
Mr. Price moved to insert a clause after the word ‘"years,"’ in the 6th line, to which
Mr. Speed also offered an amendment, both of which were agreed to, as follows:
‘
"At the first court after the election and qualification of the
Justices under this Constitution, or as soon thereafter as may be, they shall be divided into four classes, each class to consist of one Justice, to be numbered by lot. The term of service of the first class shall expire at the end of three years; of the second class, at the end of six years; of the third class, at the expiration of nine years; and of the fourth class, at the expiration of twelve years; and this alternation shall be continued, so that one-fourth of the
Justices may be chosen every third year.
Vacancies occurring in the offices of Justice, after the first election, shall be filled by the
Justices of the county, having been first summoned for the purpose, and a majority of those present shall be necessary to make an election.
The term of the
Justice so elected shall expire at the end of the term for which his predecessor was elected."
Pending the consideration of an amendment offered by
Mr. Flournoy, the
Convention adjourned.
’
