Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-01-13
Ttrptmta NsglaGaturs.
HOUSE or DELEGATES, Y'ulsday. Jan.

communications from the Senate.--Tho Senate have
passed the following bil Incorporating the Martns-
burg Library Committee q Concerning Angus Rucker.
j. An act amending the various giving reward for
killing wolves in the counties Hardy and Iiampshe
On motion of dT Moore OF Fairfax, given
orihS III hi To revive and amend the act,
turnpike company from Wieys tavern in the county OF
faiaN' to point OF intersection the Little River
PIKE road: or Oh the line of the District of Columbia.
Mr. " Hson of Cumberland, moved the suspension of
rule oil The House. that the subject Coneps might again
be drawn under consideration.
Mr. Cd6tH seconded the motion. he had voted against
the bill, from considering i, imperfect. No
disposed than himself bounds the present
ry ad uncontrolled power CT the judiciary He consider
cd the existence of such power anomaly in free
and the friends of free Governments lend their in pla
cling this subject Il shape agreeable TO the House. and IN
attain the end desired
Mr. Uilso,, nj Cumberland would vote for the suSpep
sion of the rule, with much pleasure, he ever
given any vote He had voted for the bill, disap
proving of its features the prce
the world He hoped however, that the ric would not be
suspended unless maoriy disposed leg sate On
tue SUBJECT. htr. W. made strong appeal TO the House.
on tie ehormy OF this and its inconsistency with the
nature OF our institutions and proceeded read Dill,
embracing his views of the limitations which ought To be
imposed on the Judiciary Mr. w. stated ,ha this bill dis;
NOT attempt to define cnntempts Neither were murder,
arson aud other crimes defined Statute books-thr
punishment and the mode of nfictins
nt their definition left be established by books
y. So he would have it with contemps. He did not be
eVe that the people Of this country would
tent with power alarming, arbitrary and underlined,
hanging over their beads.
Nj briggs opposed the motion lie asked where weie
the dangers that the i'm tgnatou Of gentlemen coniured up
lie referred the judicial history England as furnish
ing proof That this power was not dangerous public Ii
berry. In that country or objections To
its political constituor had pre- ncd that
Justice had not flowed i'll an uninterrupted and upcd
stream. No examples could be found whcte this power,
equally possessed by tho Judiciary OF that had
abused lie thought that ample security furnished
The rights and liberty Of tho people by public opinion
the writ of aheas Corpus. No compression or abuse
hat
individual had admitted the justice of his sentence
ought the opinions of judges Dade and White who had
rambied from the issue, to have any weight
Mr. " ilso't replied The gentleman from Sposylva mia
(Nr Briggs had placed the power on principle lie was
opposed To IT On principle. He would conGlc the pow
er To any individually however elevated. IL was not tina
there OF abuse, but that might be suc ca
scs He should have been glad if the gentleman had
cd MIN thht there existed any where, limitation To this
power The witt Of Habeas Corpus been mentioned
ana tt was true, that that witt right. But
ne Judge granting the writ could only enquire the e
gay of the confinement If legally committed, could
neither remit the fine, the body If the doc
trinc contendcd for by the gentleman true that Judges
granting The writ, could enquire further than the legality
the commitment it was even more alarming than the doc
umh oi cou'empis
Nh. Jackson alsu vrulicl tn A1r p,;,se ,i ,;j H.
court granting the writ, could enquire farther than the
'esa'y oil the commitment. He adveried opinion
VI the ie eminent Judge EUane having expressed
IN favor OF limiting this power, comtcnded was
hofren to his feelings and the liberty .e country Mr.
j. made an appeal the House. in favor of susnsn
"ihS the ruie, ana legiSlaling this subject.
-hT. Briggs ds'iamed the opinion imputed to him, but
e"ntendea that judges amenabe individuals for the
wanton abuse 6 his power.
Nh Mason of Soutba,.,,on exulainod tho c,,reo l.,
s"ou'> lake on tins CUSTOM He had had very much a
ncaf', 10 ilnit the power ti Judiciary. He voted
against the bill, but from opposition TO the urucule
single citizen might 1uct and imprison al d sore.
ton, and no appeal writ of allowed from The
decision The Habeas Corpus was insufficient it did not
reach the grievance. The nudge granting was not act
ing appellate courtlhe remedy under it, was con-
hned to Illegal confinement. He hoped while the in
dependence OF the judiciary left untouched land
would be established beyond which they should not trans
gross.
Nr Bou'di' opposed the suspension of She rule,
on the limitation OF tic power. He should he opposed to
1t for the single that would TO remedy
abuses after they occurred. lie thought physc ought not
10 he given, before disease had commenced.
The motion to suspend carried by large majority
ayes i2o noes o. So that the question will be again
under consifera ton
Nj. Wilson then offered the following Resolutions: Thai
the Committee OF Courts Of Justice, he instructed ia on.
qire into the expectancy of imposing limitations nd res
ifanis O" the power of Judges and Justices, in Furnishing
| conc'nptS.
mr.. P"licson of Buckingham, proposed an amendment
requiring the Committee define contemIiS Nhdra WI,
!uf Jdch;SoH nHrcd to refer il a select Committee
The arc ''ncn was accepted by Mr. w ison, and thus
amended, the Resolution passed The Committee consists
of Messrs. Wilson # Cumberland, Jackson Cabc Wat
kn5 of Z. Z. Upsur, Mo:riss of Gloucester Mason o
Southampton, aud Ghnson.
On motion of -Ir Dtrd lea was given to bring in a
bill, authorizing the magistrates Of Sussex, to fix on a
House, for the holding The sessions county and srpc
rior courts during the repairs of Court IIouse-and ON
motion ct Mr. Ua the Committee instructed n en-
1"le into the cHpeicmcy of mans the provision general
HE cnSr"sscd bill making appropriation furnish
ing the Governors House. Mr.. Marshall to Gil the
bsuk with 5000 aud supported the motion by urging tie
naked Condition oihe House, aud the incompetercy of any
less to furnish it adequately.
| .Vr. H'tHs moved Sl5O0-whc motion was supported
Ivy Mr. Garland He stated that the Committee had csti-
mated tho COST at $l and they had thought $500 am
ply sufficient f the object The House refused to IN The
bla:k with $1,000.
Mr. .Urcyne moved SIS00-losf.
The of $500 was then fixed upon bv The House
aud thus filed the bill passed nem.
WEDNESDAY, Jan. II.
conmunicat ton from the Scnatc.-The Senate have
passed. The bill authorizing the county and superior
c"s ct Go"cland, to hold for time sessions else
where than the Courthouse g Extending the limits of
the town e KuGwood in tie county Preston and for other
purposes. 3. Concerning Francisco Xavier Montero.
They have recfedl Tine bill concerning George Cum.
nins 2 Ccucerming Benjamin Hamrick. s. Concerning
Ob1dah TurpIn 4. Authorizing James Frame aud others
TO increase the height Of their mill across Elk River
Various Reports received from standing aud selcc;