Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1824-04-01
MARTINsBURG, April /, 1924.

For the information ct our readers we this
.vnub,;sb a sketch of the debate. &c. in the
Is,;,,s,ure of Virginia the 10Th Feb. on the bill
rrobibiting the sale of lottery tickets in this
state.
IN Mr.. Garland's motion the house
IN execution of the order of the day,
resolved itself into Committee OF the
Whole, MIR. Spooner in the chair, and
look into consideration, the "bill to
prevent private lotteries, the sale Or
disposition in this state OF tickets in
lotteries unauthorized by law, and to
restrain insurance of lottery tickets"
On Mr.. Garland's motion the bill
was so amended as to require that It
should be interpreted as remedsat,
and not as penal act.
Mr.. ColstoD concurred intbe gene
raj object Of the bill-he considered
lotteries as public nuisances-but he
thought the penalties inflicted were
too severe That clause, particularly,
in the Sd section, which imposed a
penalty on any printer who shall pub
ii.h the scheme OF any lottery not au
thorzed by the state, was IN his opln-
ION, in conflict with the constitution,
the feelings, habits and opinions of the
people He, therefore, moved 10 strike
that clause from the bill.
Mr.. Garland remarked that ne had
intended Offering provlso on the sub
iect, which he thought would remove
the objection.
Mr.. Macfarland said, the other pro-
visions of this section were not less 90
iectionabIe; because it made it penal
in any one who, returning from ano-
Their state, should speak publicly among
his friends of the existence in that stale
of a lottery, and describe the scheme,
He moved to strike out the whole OF
that section.
Some conversation occurred on a
point Of order, and on the suggestion
of Mr.. Banks, Speaker, this question
was not propounded, until the friends
of the section had presented their a.
mendments.
Mr.. Garland opposed both the mo
tions which had been made; and en-
tered into long defence oil the prln-
ciples of the bill and Of the provisions
Of the Sd section particularly. Mr..
Paterson of d. also opposed the mo-
ton, and supported the bill at some
length.
Nessrs. Colston and Stuart support
ed the ,notion made by the former gen.
tleman.
Mr.. Garland, ultimately, with view
of conciliatiug gentlemen who were
not hostile to the details OF the bill
yielded his objection to striking out the
provision in question. And Mr.. Col
ston's motion to strike out was then a.
greed to by the commission.
Mr.. Colston offered the following
by way OF amendment at the end OF
the section, to prevent any possibility
of compromising the rights OF a pro
fession which had been so soiemn'y
guaranteed by the constitution
provided that nothing IN this act
contained, shall be so construed, as to
subject to the penalties OF this law, any
printer or editor of any public paper
within this Commonwealth for printing
or publishing any scheme OF lottery
authorized by any lao"
Mr.. Briggs resisted this amendment,
and contended for the power in the &C.
gislature, not to prohibit the publica-
ton Of lottery advertisements, in
newspapers only, but by conversation,
&c.
Mr.. Colston replied to Mr.. Briggs
and the question was taken, and
the amenement agreed to.
Mr.. Colston moved to strike out The
word glue, in the bill.
Messrs. Garland and Patteson of b
opposed this motion--on the ground
that lottery brokers would evade the
law under pretences Of gifts, &c. &c.
The motion was rejected.
On motion of Mr.. Tyler, in which
Mr., Colston concurred, the words IN
italics in the proviso offered by the lat
ter and agreed to by the House were
STRICKEN there(rom.
Messrs Garland and Patteson Of b.
opposed this motion--as tending TO de-
stroy the bill. The question was taken
thereon, and decided in the Negative.
The Committee then rose, latter a