Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-03-12
FoR THE ENQUIRER.
NiRGiNIA LEGISE.A TuRE

dr Banks said ihat nothing hut n sense Of in,,e
sois iiis, dnty which he owed to himself IN rc
e''ns the unmerited attack which had bern made
up"n the amendment and the arg,mcn,s -, en-
i"r OF That amendment, which he took the liberty o,
SVpmittng 10 te committee n few DAYS npo ,vnuli
''ul"c nam n2Ain Ia throw himself upon their in
G"srhce D4rns the last five years. he had but sell
ion Submitted hts views subject which had
'rrn rclrrrci! to II coninliii,ie OF the whole no had
alwFs been willing, in order 10 economies The ,in,e
81 ~ House, 10 attend particularly every subject
presented Tor consideration, to hear the ati,,,m1nts
orth Tor aud against any PROMISED 10 make
pms nlinrl and o vote US he Thought correct in
''pGnden ot tins considerations he had been engaged
~ 'rS pcfi2rmitncc VI other high and iwDornnt In
n"s, winch did not admit Of his min-ti,r in tho dis
'"srnnS I'm that hOor. His ior.,cI silence he thobt
NlSl' 10 e'fitie HIN; 10 the indulgence OF the commit
',e ~ expressing has sentiments on Il subject oI so
tHti 'inpoitface 10 the people subject which
.'ad hecn referred 10 intelligent select committee.
~ whom report bad been made in which he could
MT conc''r Fur, Il the legislature a,lnpt lie pri,c
pics i u'nt report, he cuntcn,Ird ley vorid Gree,
cnScres into appellate triLi,sgl and r,ve,yo tho
'.scison OF one ni the highest couits in the copmou
It'll ccuh"iy 10 The spirit and letter of the third
.Tt',e "i TIE constitution, which requires that tie
if !"yc, sSecmt.ve and judicial tler:rtmcus or Tho
S'ppi'ht Hhh'' be Kept separate aud distinct He
~" mol cny tae ROVER of ita Ha,su to release TO a
NPci'ri'y any sam lar which he mas he bound to The
communicable. Tint thcre was 10 case like Tho
'S'h' IN the hiSfnry at orr government he ,houpbt
sn,' rpiih" OF mooi. HE gcnilemnn from Hauover
IAr lurris- had sa;i i'at IL was snillr to tho caen
vi IN inlGearc grRn:Qtp sheriff for l,ilinr IN INV
we i"''ha ,':"S irio The treasury. He denied The
'H,ay Is? AN act or i.v the occurrence oil ,,,rticu
',r circumstances over which he has no controI n
.hGr.i ihi's to make payment by the time prescribed
~ 'W, ne throws himself "pon The Justice nannani
a''y ana cirmency OF hc legislature not 10 he re.
nscd ir0nl the effects nf his own con,ct bu fror,
H' consequences nt an event, over which he Ind M
SHrt "l agency. Not 50 with the securities of Jolu
AfeSl"h ihcy Voluntarily signed the bond yy which
huey are noAmH was there any act occurrence bv
NiHSA t"ty hhye been prevented nom compIyins
WIN ihe Judgment Of the cour The House has
~ exclusive power 10 remit fines, penaitic, and for
1"eS IS his case eihcr Of them, No. il is nothing
more s'or iess, tlIan Judgment of :, court: an ns
grriHmed judgment, FROM une OF the highest courts in
WyGln ;''id an appeal instead OF being made 10 the
sH"li 81 arFea'S, where ample Justice would have
Hceh "cn"liem, IS taken 10 The Legislature WHO on,or
tic constitution of the land. had M ripht To =. ;nIra
fhc ciiisr lie acknowledged tity had the powor 20
nc on HE subject, hai couI reverse the decision
81, ~ our. tiow would the ecutleman d,aw the
thl granting Tie rsiicf: Wonl.l h. not commence
MS preamble y saSit'g, " Whereas the uy hnvc been
+'siaHel ~ assessing The nnount of damages in the
80 o. the c"nlgonweath against the sureics Of
J""h iteSIon, ior remedy whereof, Be il enacted
Vt. How niistHi,en LEI me aSk Wh1, evidence
III" ve you oi tiat itcI Are we not 10 nresumo liza,
we verdict OF The jury is corrcc, a Jury who in
thiS case we're impaDneed for sixtee ,aIs and vino
a"icl under Tue solemn sanction of an oath aud
sNi'fh az thr evidence scrutni2cd accotdiug ia
le 'aii'lcal fN'es OF law Where then is The anao.
~ between ais case and the common case of y shc
rii asking for relief? The sheriff comes ber,re Won
,wadh npiaIn statement Of facts the preamble TO The
si'I would hri = " lercas it appears that A B has
MIR. Il. had said, arl he a-oi, ,enc,..d -, ill.,
petition OF the sureties had III, own an indirect ccn
sure or The special court Of arncas He oalIed rho
alienton OF the ccm;litire 10 lie terms in which !.
vas expressed, and read follows from the peti,ion
t lie h'd said few days ago when This subject was
onuer o'cusson, lI1 tue tctions OF law were inteud-
"a 70 promote The ends OF justice; he had cited the
case "i an action OF ecctment When the real eefcn.
CANT was required come into ccurt ard confa.s
tease entry, and custer, SO rs TO bring the merits Of
nc uiie before The comr. Not so in this case he
disClained tie idea OF setting here to cns, cens,ro
Upon thIt honorable body. The member from H.
ofer (Nr Norrs,) had correctly saudi that in an ar
Eon upon bond, executed in BoIdeaux the dcc!ar;.
l,p mus stare u was eSeculed IN the county where
thc acunh 10 brought ~ such case the tIul Of The
Ieciaraon could not be denied, because il would de-
'1lt tue erds Of justice 10 do So But the court oC
appeals d'd not decide upon any such fiction of law
tiey went upon tic dUcIriDc Of ei0oUei every man
sHii be Escaped by his own deed every ,,ns eLnll
,e estolptd by hsown confession OF an account. John
fcst1h me principal, confessed in The Year 1919 tbat
q had so much money in his bands helonoipr to ,e
commonwealth, and these surciies Voluntarily became
boaid Tor that amount ih this docr;ne reality AMI
rot hct9h prevailed These being the facts Mr.
eo"t'h"eH .'at NC had right 10 infer the petition
vas rehecuoH GU the coGrl. Bat he said the ven.
her from Hanover, (Mr Moris) appears (, have
abandoned his grOuTd aiog, ihor Tor what Is fhe
lHetencc - icguinr roslponcmemi, aud saving
lRu twas Hexpcdient 10 al this time ? I'm Loti,
uses yog deny the prayer of The petition. He con.
tended tilat if sou released one uint oiliror vou
"ouii release the other john oligGr, and clsd The
cases Of CrUugitOn - DI,al Ward x Jol,usnn '.,J
ter case ~ tie court OF appeals as Supporting the
psIu0U. There we're tyo Questions before the CON.
mUee, Ist, WAS II constitutional a. Grant the urayr,
d sc petgus ri, was it Aprdic NJ 10 set such an
example II you set such an e.umpie the parties
ltBfh before any iiic rum.a3nye tlU, n,irht
come here and ask 20 be released from ramon.
al 5Ecnts rendered against theu He was moi SOM
R.te ~ acl jwic'ay, botto egi~lue lvr the interest
Of tie people.
Bot We toI j; would be uYjust not to grant the
prJet ol the sufeNes, uid 10 make ftc.i pay the
Tll0ie amount ol the judi tnent, wOuI rc ike Sl,v-
t9ck Use Jew. was nj tde monet, which had been
emIe21ied from he public treasury c&toricI from flo
p1ckei- oi he people ~ fitne wiCn the currency of
tiie country was 90 state Of dcrIue enent and en-.
D1'Fissmeni; hheh the people, ~ the payment Of
fi.eri'%es, were shaved som ten e. twenty-five Nor
cci 10 convert their luuls iiin money rereiyoiJr a,
sic treasury And we are to &c odd, that tips,
WHO wish 50 project tIc noucy thus collected fran,
the people, are 5ylocks Woad rot tllit appei,i,n
i'r more Justly applied - hy whom desc cyac
tons wefe inflicted. Nh Is here r+,iagk ed t,a, ti
m~mbcrs Of the icgi~aime ~orh rtrolioci, The,
Mcfc he ch"seH gTuiiauss f ia rights Of the peopIe
lhty word icmeUlef tai 81 tlc collection of ts mo-
ney; WINCH .Hey "eie now called upon 10 surrender
up, II 10 doubt oen happened, fh.f tic it4f lotso
,tNen irOn under his innocent wife and hcIufess
Bats THd iii'y ihrOWusupOu tie icy Of hand cbgr,iv
"Jd lcii exposed 10 e pcidng Of lie uitiie ,sfort
q insisted th'd he House hal no autlorityto ms,
;itiF hUlds Jio ihc pockets OF iic people and give
Gg ileF money. Nf. =. stated hata Dali Of his ar.
ftratAi luid been misunderstood US LIS Glend from
satl, Nr Biackbrn,) IL lIs supposed ,bst nc bad
tp.ched any tiir IKE cfniiraltv IL fl,,, safees ~
afinaoius themselves ~ l5rr The courrs The orcai
Esd appOrldni questions Involved 10 dis cansa had
'''b ally asguod, fpr lie petitioners, y q hos OIL
bag Diost Distinguished copnsci IN the STATE aided
~ gentlemen VI spleodis legal asNhiss from lie