Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1824-01-15

German Baker was reelected Treasur-
CIR, and James Robertson, jr. Register.
Tuesday, Jan 8.
On motion of Mr.. Daniel, Of Stat.
ford, the militia committee were in
s,ructed to cnqtire into the expediency
of so amending the 18th C, Of the
militia law, as to require the CON
mandina officers Of Regiments to give
public notice of the vacancies which
have occurred III their respective re
gimenis at tie sa1ne time that they
make application for an order to sum
mon the riStites for the parpose Of
recommending suitable persons to sup
ply such vacancies, with leave 20 re
port, Sc.
On Mr.. Siuart's motion, the G. for
II. and /. Navigation were directed to
enquire into the cxpcdiency of direct
ing the 7. and Directors oil the i. of
P. Works TO su5scrioe the sum Of one
thousand dollars to the Tyc river and
Blue Ridge turnpike company, and
make report thereon.
co mo.ion o. Mr.. lewis, the G
Tor G.. Off. were instructed TO eGqul.'c
into the expcdicncy OF so altering and
amending the 9Th section Of the ac'
concerning slaves; free Ecgroes and
Blulattocs, as TO require that in future
'.he copies CT registers OF freedom iii.
rec,ed to b. delivered 10 free negroes
and mulattoes shall be printed on
parchment or veiluth, in addition to
the other requisites OF said act.
On Mr.. Sberrard's motion. leave
was granted to bring in bill ito
change the times of holding certain
courts therein mentioned"
An cngrossed bill limiting the time
for persons commissioned as jus
tees Of the peace to qualify 10 sd n com
missionss was taken up, Mr.. IIciskill,
of Lee, moved its indefinite postpone
mcnt. 'Fais motion gave rise 10 dis
cussion Of the merits Of the bill The
chief objection seemed TO be TO the
provision excluding magistrates from
holding the Office of commissioner Of
the Revenue.
Messrs. I.aicicy. Maves Of Bath.
patieson Of 3 and Graves took part
IN the dcbate,'in oppositiont to the bill
and Messrs. fiAson Of Stafford
Haymond, Mann, .nd Blackburn in
favor of it.
The motionto postpone prevailed by
latgc majority.
The bill amending the act directing
the mode of suing out and prosecuting
writs Of hsseas corpus and to annul
The remedy by writ de humiAc reple,
eiando, was taken up OF its second
read ng;
Mr.. Stuart offered the following
new section hy way Of amendment.
"Be j. further enacted That SO much Of the
&c. directing the mode OF suing out ADD Prose
cutting wits Of habeas corpus, AMI to annul
the remedy by writ de honne replegando, as
authoriAes The court CT judge granting the writ
OF habeas corpus to require OF The party suing
tire same bond and secfrity condi,it ned for
the payne 1t offs ich charges a' may be award
ed against him, and that lie shai not escape
by tie way, as conditions precedent Of granting
said writ, bc and the same is hereby repeal
ed
Mr.. Stuart was aware tint the Wi
of Habcas Corpus was considered the
greatest barrier in cur whole system
jurisprudence, for the preservation Of
the hts aud liberties of the citizen.
In this estimation ofi,s value and i'm,
portanre, he cordially concurred, Ii
was wrl, Of Right, and instead of
being left within the power and con
troll of an ofdihary legislature, it had
been protected bya provision engraft,
ed On the Constitution itself, He did
not rise to alter or amend so admira.
BILE system; but only to Withdraw
from the act regulating the exercise Of
this writ, u feature which he consider
cd, in many eases, TO defeat the object
Of the law. rs the law now stands;
the president condition which rcqair
ed the applicant for the benefit Of the
writ. to enter into bond and security,
could not be complied with by indig.
ent and nccesitous individuals-and
to them this condition was, ifo doubt,
in some cases, a denial OF the priv.
leee. A man of this description, I'm.
der The odlous charge Ct murder, in
addition to his known poverty, might
find it difficult to give the security; and
especially, ifthe Judge consider able
distance from the place Of his imprison-
mcm He conid not think that The