Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1824-02-26

because the subject was so important, and he
had bro;et of his own which he wished to 60
before the com mittee. e
The question was taken and the committee
obtained leave TO SIT again. Ayes IS, Noes IS.
The speaker voting in the affirmative
On Mr.. Davenport's motion, the executive
were instructed to transmit TO the Executives of
Maryland and Pennsylvania, and to the Pres-
dent of the United States. authenticated copies
OF the bill incorporating the Chesapeake and
Ohio Canal Company.
MONDAY, Feb 9---The House went into
joint order Of the day for the election of kee-
per or Superintendent OF the Peniteutiary. On
The 5 cond ballot SamuelS. Parsons was declared
duly elected,
TUESDAY, Feb. 10 IA communication was
received from the Senate, stating that they had
passed the bill catering the time OF holding
quarterly Court for the county ct Amherst
That they had agreed to the resolution for
causing copies of the act, incorporating the
Chesapeake and Ohio Canal Company to be
transmitted to the Executives of Maryland and
Pennsylvania, and the President of the United
States sand that several enrolled bills had been
examined by a committee of that body, and
signed by their Speaker.
On Mr. Crawford's motion, the engrossed
to bill converting the free bridge near Iynch-
burg, into all BRIDGE" WAS taken up and
Sundry blanks therein were filled, on motions
made by Mr.. Garland.
The passage of the bill was supported by
Messrs. Crawford and Garland-.-and opposed
by Messrs McAllister. Dromgoole and Patle-
son Of 3. The bill was rejected 30 to 3d.
On Mr.. Garsnd's motion the House, in ex-
ecution Of The order of the day, resolved Itself
into Committee of the Whole. Mr.. Spooner
:. Al n ii.
"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. 0arlsnd's motion the bill was so a.
mended as to require that it should be interpre-
ted Us a remedial, and not as SeisG! act
Mr.. Colston concurred in the general object
of the bill; he considered lotteries as public
nuisance; but he thought the penalties inflicted
we're too severe. That clause, particularly in
the Sd section, which imposed penalty on
any printer who shaR publish the scheme OF
a lottery no, authorized by the state, was in
his opinion, in conflict with the constitution.
the feelings, habits and opinions, OF the people
He, therefore, moved to strike that clause from
lhr bill.
Mr. Garland remarked that he had intended
offering { provIso on that subject, which he
thought would remove the objection.
Mr. mcfarland said, the o.her provisions OF
this section were not much less Objectionable;
because It made it penal in any one who, re-
turning from another state, should speak pub
lcy among his friends Of the existence in that
state of lottery, and describe the scheme.
He moved to strike out the whole of that Sec
ton.
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 amendments.
Mr. Garland opposed both the motions
which had been made; and entered into long
defence of the principles of the bill and of
the provisions Of the Sd section par
teularly. Mr.. Patteson, of b. also opposed
the motion, and supported the bill. at some
length,
Messrs. Coston and Stuart supported the
motion made by the former gentleman.
Mr. Garland, ultimately, with a view OF con-
cililting gentlemen who were not hostile to the
details of the bill, Welded his objection to
striking out the provision in question And
Mr.. Colston's motion to strike out was then a.
sreed to by the committee
Mr.. Colston offered the following by way of
amendment at the end of the section, to pre-
vent any possibility of compromising the rights
of profession which had been so solcmly
guaranteed by the constitution,
"Provided that nothing in this act contained
shall be so construed, as to subject to the Pc
nalties 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 la1v"
MIR. Briggs resisted this amendmet, and con-
tended for the power in the legislature, not to
prohibit the publication of lottery advertise.
ments, in newspapers only, but by conversa'
ton, &c. -. g.
MIR Colston replied to Mr.. Briggs aal TIE
question was taken, and the amendment agreed
Mr.. Coston moved to strike out the word
give, in the bill. ~ 1.
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. 1 yer, in which Mr.. Coils.
ton concurred, the words in italics in the pro.
vso offered by the latter and agreed TO by the
House were stricken theretromi
Mr. mcfarland then renewed his motion to
strike out the Sd section OF the bill. lie was
not satisfied with its provisiOns, although the
amendments agreed to had made it mnch less
Objectionable. 49,.
Messrs. Garland and Patteson, OIL opposed
this motion; as tending to destroy the bill The
question was taken thereon and decided i'll the
negative.
The Committee theu rose, (aftera session of
two hours) and Mr.. spooner reported the bill
and amendments TO the House. All the amend
ments proposed BY the Committee were con-
cured in.
Mr. Lee said the bill co ntained provisions OF
an odious and arbitrary character which he