Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1826-03-02

the trustees of Rockingham Academy
with amend,nent---and that they had
rejected the bills authoris'ng an adj
ditional building to tue Public Ware
house in Petersburg, and concerning
WIN. Cooper.
Mr.. Blackburn from the Committee
of Claims, reported bills, concerning
Daniel ). Moosby, and the Warm
Springs Company and John Fry-Mr.
IL. informed the house, that the Com
mittee Of &. had finished all the business
before il.
Resolutions Of Select Committee
recommending the pardon OF Rachel
Rasnick and William Rasnick we're TAX
en- up. 'lE DromgooIe doubted the
propiiety of the proposed pardon; on
the ground that under the constitution,
the House Of Delegates had no power
to pardon these persons; ii there be any
good reason for the pardon growing ont
of the convittioR, the power yet remain
ed in the hands of the Executive. The
law depriying that body of the power
took it away only in cases where the
grounds of pardon rested on good con-
duct IN The Peaiteatiary lie was I'M
willing to see the practice prevail in
that House which the resolution would
introduce; and called for the ayes and
noes.
SIR Wood contended that the denial
of the power to the Executive, confer
red il on the House of Delegates, as it
must exist somewhere. This idea was
clearly expressed in the words of the
constitution. lie supported the claims
of the individuals to pardon.
Dir Crump OF z. moved to amend the
resolutions SO as 10 reject the prayer of
the petitioners.
Mr.. Jackson opposed this motion; and
explained the constitution to mean, ac-
cording TO his understanding of it, direct
ly the reverse of what was contended
for BIZ ar. Dtomgoole. He also in
sisted that the coRvicts were, on every
ground Of justice and mercy, entitled to
pardon.
Mr.. Dromgoole replied to Mr.. j.
Mr.. Patteson of b. remarked that no
man was more opposed than he was, to
the exercise of the pardonng power.
But he thought that there was some diff
feulty on the subject, requiring judi
cial decision. And with the view of
having the matter settled, he should vote
for the pardon, that it might be referred
10 a judicial tribunal. The Pepiten-
tiary afforded no stronger case for the
exercise of the power, than the present.
Mr. May was opposed to the pardon.
lie thought the Executive yet had the
power ia all cases affecting the justice
and propriety Of the conviction. The
present case was presented on that
ground. But if it rested on claims
growing out of good conduct in the
Penitentiary, then the House would
have the power under the constitution.
Mr.. jackson, explained that the APP
plcation was founded on good conduct
and reformation since the conviction.
Mr. Dfomgoole SAID that the petition
put the claim on the other ground, and
the House was acting on that petition.
Mr.. Crump withdrew his motion, as it
would save time to take the main ques-
ton at once. Mr.. Gordon was in favor
of the report of the Committee. Mr..
Upshur, contended that the power of
pardon belonged TO the House in all
cases where there was no error in the
conviction. 1t was not material that the
petitioners rested their chief CLAIM. on
the error of the conviction; for there
might be other circumstances, such as
reformation and good conduct, on which
the House had the right to grant the par
don. He should vote for the resolu-
lions Mr.. George and Mr. Estill sup
ported the resolutions.
The question was then taken by ayes
and noes; and the resolutions Of the
Committee were adopted, ayes 1876,
noes AZ.
Mr.. May made motion that the re-
port of the Committee be amended by
adding 10 it the words: And it also APP
pears that the said Rachael Rasnick is
the mother Of eight children; that her
character previously, and that the con-
duct OF the said Rachael and William
since their confinement, has been uni
formly good"
Mr.. Douthart, could not vote for the
amendment. His vote was recorded
against the resolutions. That vote wa
given because the claims to a pardon
was based on the injustice of the con
viction. IL this amendment had beer
adopted in the first instance, he shoul'
have voted for the resolutions. Th