Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-04
RICHMOND, FEB. 4.
VIRGINIA LEGISLATURES.

a. 10
PRocEEpINGs or THE HOUSE OF DELEGATES
Thursday, FED "A communication was
received rsm the Senate, that they had passed the
OIL au'horising separate election in the county
OF Accomack; and with amendments the bill, a,-
thor,sing the county courts to appoint place for
holding courts in certain cases And that they
had rejected the bills allowing VIM. Whorton a
Tree man OF color to remain in the state, and con-
corning Andrew Fleming. The Senate's amend-
merits were concurred in.
Ihe Speaker then apponteda Committee OF one
from each senatorial district to take into consdesa-
tlon the preamble and resolutions offered by Mr..
Garland on the subjec, of an appropriation to A
cademies, colleges and the University and the
following gentlemen were appointed: Messrs.
Loyal, Garland, Hasoie, Taylor, D,-on,gooie
.fcJHdhon. Moore, Of Rochbr,dge, UIoodriiie,
Mason, Of Southampton, Uatkins, af r. E.
Briggs, .hcHhany, .Horgon, Portcrfeid, Cum
MINIS, Roane, Craig, .harteney, Letter, Mar
shall, PattesOn, of Il. Ca5eii, Carter. of Rich
mond Co. and Upshur
bill regulating the fees OF Attorneys prosecute
ing the pleas of the commonwea lth was taken up,
and amended on motion Of Mr.. Craig, so rs TO
allow to an attorney only 10 dollars for each con-
viction oil violation of the gaming laws, and 30
dollars, to be paid 10 the literary fund and said
on the table.
Mr.. My remarked that it was time the House
close, and moved that when the House adjourn
on the 2Oth inst. it would adjourn until the Bis,
March-on tile suggestion of Mr.. Gordon, the
resolution was laid on the table Tor the present
On bfr. Blakburn's motion the rule of the
House was suspended for the reception of pe,-
ton from Jane Arnistead and others, representa-
tives OF Maj. Thomas Armstead, for commui
ton pay due to him.
Engrossed bills passed -Authorsing the b. OF
r. tltp In 81.
the Stanton and James River Turnpike Company
Ito amend the act incorporating "a company to
improve the navigation OF Little Roanoke and
Buffalo rivers changing the times of holding the
fai superior courts in the 3d Notwithstanding
the Is OF T. Works TO Subscribe for part OF the
Stock OF the Tye River and Blne Ridge Turnpike
company TO amend the act establishing certain
towns-thanging the time of holding the county
court OF Morgan incorporating the Trustees of
WIcklhe Academy in Observation-Disclosures au
incie oil the capital stock o. the Failsburg Turn
PIKE company, and authorship the b. OF p w
to subscribe Tor part of the Stock
The House resolved itself into a committee of
the Whole, on the bill concerning cont.mpts of
court, Mr.. Smith OF Greenbriar in the chair.
uesuitoiy discussion ensued on the merits of the
bill and OF several amendments offered TO IL IL
was amended OH motion of Mr.. Ghol,oa and of
III. Ikilson.--hr. Morris, of G offered snbsi-
tute Tor the bill, which rejected He then offer
Gu as an amendment, one OF the sections of his
substitute, winch was also rejected. The commit
tee rose and Nr. $. reported the bill and amend
menIs to the House, which were conquered in.
.fr. may moved substitute for the whole bill
being acopy OF he first bill presented on this sub
Ject. lie thought 1t The only provision that ought
to be Enacted. 1t only limited the power of the
courts in of contempts and gave to the ci,i-
zen the benefit of the decision of another tribunal
II he desired ii, by means OF wri, OF error, and
habeas corpus.
Mr.. Ghoison opposed the substitute. Il had
been already rejected by the House; but he con-
tended that The bill met the views of the sub
stitute, with some slight differences The latter
only permitted the party to spread the facts and
testimony on the record, while the former required
that it should be done in all cases
Mr.. ttttson also opposed the substitute The
relief which 1t gave under tie writ of habeos cor
PuS, added nothing 80 the presentlaw on that sub
Ject; because The facts and circumstances OF the
| case were not required 10 be brought mp with the
party. The bill required the whole OF the facts
to be spread on the record evidence OF the gull,
OF the accused, or OF the rreguiary of the tribunal
| that had punished him. This difference lie though,
material TO the rights OF the citizen
Mr.. Nay defended the substitute He was not
disposed to legslate the subject at all; but in
deisrence to the opinions of Others he had endea-
voured to act with them, bat could go no further
than the provisions OF the substitute which he ex-
| planned. If Judge In moment OF passion pun
ishei an individual, he was given The benefit OF IN
| appeal 10 ano her tribunal. There were good rea-
son Tor not requiring the facts TO be spresd on the
record. Il enough that the party agsrieved
had the right TO have them stated Gases verv often
happened In which neither the Judge nor tile part
would desire the facts TO be spread on the records
! Why then require it to be done in all cases. He
also objected 10 the feature OF the bill requiring The
party TO purge himself. aud thought that much
mischief would result from that p: oyision.
| .NT. Christian OF &. q. preferred lie substitute
and with the view OF obvating the objection tn il,
moved so TO amend II as TO require the facts to be
spread the record. If this amendment pre-
vail and writ OF hdbeas corpus be obtained, tie
judge granting IL will all the Gil cumstances oil
the case, and decide understandingly.
| Mr.. May urged the objections he bad before
made: the amendment would compel a court 10
spread facts the record That might lead to s,ig-
| Matte needless young man, contrary to his
wishes and 20 the wishes Of the court. Ii was e.
nough 10 permit The citizen 10 have the facts re
corded if he should wish IT,
| Mr.. Christian then varied his amendment 30 as
TO require the facts TO be spread the record ony
in cases where the party required it.
| Mr.. Nay remarked that If this amendment pre-
| vailed he should move TO strike out the provision
which required the facts TO be spread on the record
upon a bill OF exceptions. 1T was unnec essary "a
require it to be done in both cases. The facts once
spread on the record were sufficient.
| Mr.. Christian remarked that the proceedings ir
contempts were always summary; that it mightn no
always be ia tie power of the party, IT he wa
advised Of his rights in this respect, or had deter
mined to ask for a bill Of exceptions, TO procure
lawyer. But il the facts required TO be sprea
on the record. lie would have 1t in his power Il
carry them up to another tribunal. if upon reflec
tion he thought proper to do 70, and this too at n
expense. II this amendment prevailed, the othe