Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-11-23


that for amy violation of the charter of either OF
the said Banks, any director or directors there
of, committing or concurrng in such violation.
shall be Responsible IN his or their private Tor
tune 10 the Commonwealth, or TO ANY COZ
porition, OF Individual, aggrie, ed by such VIC
lation.
The resolutions being read, lTr. Ta-e,cv rose
TO say, that as the subject proposed was OF the
utmost Importance, as II required all The iDVes-
tgation that could be given to the mo
we'd to refer the resolutions to "a Committee
of the Whole House-whch motion was carri-
ed.
AT Mr.. BLacl3u,u's motion. they were order
ed TO be printed.
J;r. Hay asked leave to brin., in a bill to re-
peal the ac [, passed on the 18th February lSl6,
respecting John McAusand-itw was to refund
the sum OF ninety-six dollars, which both the
Legislature and the Petitioner supposed had
been paid by him into the State Treasury, on
account OF militia fire imposed on him during
the last war-But the Auditor had informed
him, that ithad neither been paid into the State
Treasury. nor into the hands of any of the state
officers-but he supposed into the hands of a
federal officer, for the benefit of the Treasury
of the L. States.
This motion, though apparently trivial in it
self, gave rise to long and animated debate
on collateral points.-Nr. Blackburn said, that
the Auditor of Public Accounts had refused to
pay the money directed by the Act of Assem-
bly, that he had placed himself above the laws
OF the land--an assumption of power which the
y.
Ihtreatt and Mercer justified the course of the
Auditor-becausc, the money had never been
paid INTO the treasury of the State, q could not
therefore be relmde,i-that the Legislature, as
well as the Petitioner, had fallen into a
mistake-whichmigh very easily have happen
ed, as the militia during the warwere called in
to the service of the U. &. through the State au-
thorities-and the fine might therefore be sup
posed by the soldier TO have been paid to the
State, when in fact it wentinto the Treasury of
the u. S.-Ur. Blackburn replied with conside-
rabe vivacity and sensibilitv-Wr. TdzeircH
was opposed to the leaveasked for; not because
he disapproved of the Auditors conduct or in
deportation for he considered him as n v;lu-
able ofiicer for daring, on his own responsible
", to guard the interest of the State: but he
rested his opposition on another ground-If
the money had been paid by j. McAusIand into
the Treasury, he might recover il by an appeal
to the Courts who would issue their mandanus
to the Auditor-ifhe had not paid it, the Com
monweath was safe, because the Court would
never compel the Auditor TO repay, what had
never been paddle commended however. on
general principles, that the Legislature had no
AUTHORITY, unless in case ofimposition and fraud
To touch a vested rght--Whatever right then
was. rested in J. Nc husband BY this Act of the
legislature, they had no right to disturb it
and therefore ne coud not consent TO grant
leave for bringing in the bill, as no consider
alton could induce him to interfere with
right vested by the law.-This Speech intro
dnced a very animated discussion up.n the
S'htihi ubttIlte Oh FfNtH TlgnIS.-IIf. IfuU
ccontended, that the Legislature might inter
fere with rested rights. in cases not of fraud
but OF nissfdke-as, for example, was the case
with the Lower James River Company, formed
I'D lSto-a mistake had been made rs to the
depth of the water-tolls had been granted
upon that erroneous baSs-the grant was
changed by subsequent Legislature-and the
effect was, that the Company was dissolved.-
pr 1a:GreHwcntinto a long argument TO prove
that this case only fortified his pOsitou-that
the tolls had been originally obtained under
SUCH circumstances as evinced fraud, and that
the Legislature had, therefore a right to alter
The charter-buthe denied that mistake could
vitiate vested riCht-the Legislature had
granted swords s. medals TO those distinguish
ed men, who, during the late war, had raised
their country 10 that pinnacle of glory on which
she now rests-suppose, instead of swords and
medais, she had granted them land-and sup
pose that hereafter, it might appear by the pro-
ceedlngs of Court-Martial that the Iegisla-
ture had mistaken the character oftheir achiey-
mehts, that they had not deserved these gifts
nay, That they were cashiered for their mscon-
Duct during the war he ask the gentleman
from Henrico would claim the right ofstrippinr
them OF their land, OF account of the mistake
which had eencommitted!-Ur.H ayconteud-
ed, that III the case Of the LOwerJas. River Com
pany, there was only mistake. not fraud: that
the compliments which had been voted to the
heroes OF the last war, were granted from the
feelings OF the Legislature themselves not as i'm
the case Off. nlcAusland, because they had been
petitioners iOE tnelr Dounty Mr.. Hay cited
several cases from the docking of entaiied es
tates, the a ct respecting the Mutual Assurance
Company, sc. toprOve that vested rights might
be atiected where there was no ALLEGATION ofmis
take-We sketch these points from memory ::
TOR, we have not single note before US
AFTER some fuTenerremarks from Messrs Mer-
Ger, 1azewen, Sc.--Air.r said iftherc was IN g
least reason 10 suspect fraud in the transac-
tionofJ. McAusland he would readily grant the
leave 10 briugln the bill.-Mr Han declared
that he did net ask il on the ground of frand'
but OF m.stake.--On the question being put, it
was carried without "A division.
cd.
Friday Nou. %.
An engrOssed bill, Allowing further
time 70 the owners oflots in the town of
Jonesville in the county of Lee, to inn
prove the same" was read Sd time, and
passed.
Mr.. EstiN presented two petitions, one
from Jesse Horton, and the other from
Richard, kinnemon, praying 10 be di-
vorced from their wives.
A petition was presented from the Mo-
mongolia Farmers Company of Virginia
praying for a charter as banking com
pany-Referred to the Select Commit
tee.
A communication was received from
the Governor, enclosing several resoluti-
Ons of some ofthc State Legislatures, ON
certain proposed amendments TO the
Constitution OF the United States-viz.
LIST. That of the State of Louisiana, re-
jecting the amendments agreed TO by
massachusetts, and Connecticut, former
ly called the Hartford Resolutions. I'd
That of RhOde-Island. reier fine tI,o n.