Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-12-21

WHCN laws, u,
authority. MIR. Winston urged the defectivenes, of
the present system, which bore oppressveiy Oh his
constituents, and he believed other parts of the
state, and which almost amounted 10 denial Of
Justice. He opposed the amendment offered by Mr..
Stuart, which only required the Judges 10 hold an
intermediate term amer the Spring term, as defeat
ing the object of the law, which was nreutife the
Judges to hold fro terms in year. If that nd
ssent prevailed, and Judge from any cause, should
iaii 10 hold the fall term, he would be deprived of
the power of holding an ,tcrnedate term, and thus
the object in view wout be lost.
Mr.. Stuart replied, and denied that he had con-
tended that any additional duties Were imposed on
the Judges by this bill. lie opposed to re-
gutring Judges to holt intermediate terms in the
Wtnfs', and was in favor of leaving il discretionary
with them to appoint The time Of holding interne-
date terms. The bill requires the Judges TO hold
intermediates terms in civil cases within days
after the regular term when held.
MIR. Mason of Southa npton was opposed to the
amendment and to the bill. The absence Of Judges
had been produced by Sickness and from 40 neglect
on their part He thought it ought be left to- the
discretion of the Judges when hold inte rn,etia tc
terms. AIR Mason requested MIR, Stuart to with
draw his ACKNOWLEDGEMENTS which MIR. Stuart com.
piled.
Mr.;Stuart-thcn offered another amendment, in
substance auftorisng, instead OF requiring Judges
to hold interme,liui terms. s
MIR. Winston objected to this amendment, that in
some instances the Judges might hold Intermediate
Germs, in others they would not. Mr.. Winston said
shat they were already authorize hold uterine
date courts in certain cases, and that the state of
f'e duckcts proved that they had avail lied them
selves Of the power. MIR. w. said, il had been OBJ
3ected tn the bill, that il would prove announcement
TO the torycrs, and urged the insuficieucy of the
objection. Mr.. w. said he was unwilling To leave
IL to the discretion of the Judges hold intcrmcd-
ate terms--the bill only required them to hold two
fcr,ns, and they ought to be compelled hold these.
Mr.. Mason did not stand as an apologist for the
Judges OF the He said that n,rf,yl
depreciation had taken place in our Judges. He
ascrihed this in great degree to the present sys-
tenn, and It was the anxious wish of his heart, TO
sweep this system from polity, and to restore
the profession to its ancient dignity and ability
MT Masos objected to the iniperaffe duty required
of Judges by the bill, to hold internediate terms,
aud detailed the inconvcniences and hardsps
winch would result from the short notice given of
those terms, and in many cases the parties would
nave received no notice whatever. From these
causes no business wond be donc-or, If done, par
ties would BE- hurried into trial without tion
Nc Nj. Mason did not feel disposed to consult
the convenience Of hmyers hui lie reminded the
House, that IN consulting their convenience, they
were consulting the interests of the public.
Mi Wallace said the true enquiry was, did this
Dill promote or retard the administration of public
justice! He contcndethat the object of the bill was
To promote justice. Ii The Judges were authorised
anty,lnstead of reYured, hold Intermediate terms
the bill would leave us exactly where it found us
Inc amendment was lost, and the bill ordered to
third reading.
The bill divorcing Rachael HOFFMAN from her
husband Simon HOFFMAN, was read a third time and
passed.
The speaker laid before the House a commune
cation from Judge William III. Cabell, covering
memorial from the Judges Of the Court of Appeals,
detailing the Inconvenience resulting from the
want OF law library, and asking the appropriation
of a fund to purchase one. Read and referred
To the committee of schools and colleges.
On motion of MIR. Patteson the resolution of the
committee of courts of justice, the petition of
Thomas Porter, praying divorce from his wife
Mary Ann was taken up-and motion of Mr..
fatteson, II was recommitted to- the same commit
Monday, Dec. 90.
MIR. Caldwell asked leave to bring in bill, to
run and mark the line, between Russell and w ash
fngton. Granted and referred To Messrs. Caid-
well, Dickinson Of Russell, Fletcher of Washugton
Miller Of ashington, Dingess, Byas, Blair, Jones,
a,,d Everett.
Reports received from standing commit
tees.
Mr.. Carter, of Richmond. reported bill au,ho-
rising the County Cour, of Richmond to dispose Of
certain public property in that County.
Mr.. Garland, from the committee of Finance,
made the annual Report on the Financcs-and
bill calling IN the per cent certificates.
On motioa of MIR. Vannicter, $50 comics of the
Report OF the Commissioners run the line between
Virginia and Maryland, ordered to be print
ed.
On mntion of MIR. Thompson, Of Fairfax so much
OF the Freasurers Report refers the erection to
monument to Gen. Washington, was referred of
the committee Of Finance.
The ensrossed bill divorcing Elizabeth Mills
from her husband Martin l.. Mills, was read
third time, advocated by Messrs. Gordon and Ran
dolph Of A!bemarlc, and passed.
The engrossed bills, establishing the town of
Snlrkersvillc in the County of oudoun-appnint-
sng new Commissioners fix site for the
ot Justice fOr the county of Logau-wcrc read a
third time and passed.
The Speaker laid before the House, commune
cation from James Brown, Jr. Secretary of the
Board of Public Works, covering Report and
Resolution from that Board, the subject of the
Washington and Wcl,sburg Turnpike Company
On motion of Mr.. Mcmillan, laid on the table.
The Speaker presented another commune tion
from the Commissioner of the Kanawa road and
DavigatioD.--OD motion Of MIR. Garland laid on the
table and printed.
the mode Of selling lands and lots vested liz the Lii
terary Fund for the non payment of taxes" was
taken up--and various addinnal amendments pro
posed and accepted Before the bill ives gone III, cugh
with, u was laid for the present on the table
On motion Of Mr.. Branch, the board ef public
works had feave to suspend their report the petit
zion of suDdry Golfers opthe South side OF James
River, for a canal until their next session.
On motion Of Mr.. Winston, tile committee of
Claims were instructed enquire into the p-opriety
offcfuoing to Frederick Harris, exec,or of john L.
Harris deceased, an excess Of money enormously
paid by him.
On motion Of MIR. Gilliland tie House then adj
jnurned.
DEBATE ON TIE "MARRIAGE BILL,