Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-22
VIZ G1MIA naG1snAaryna.


VIRGINIA. LHGESAA1rURH.
HOUSE or DELEG.aTES.
~ We have thought it due to Mr.. Allmand. as
he was iii a small minority in the vote on the Jury
lsili, to publish the remarks made by him in the
course OF the debate, somewhat more at large than
they appeared in the condensed sketch which was
published IN cur paper OF Saturday.
Mr.. Allmand supported the motion to postpone
the Bill. No man venerated more highly than
ne dld the ancient institution of the trial by jury
but he insisted that il was not in danger. He IN
derstood that case had been brought before the
General Court at lis last term, involving the ques-
ton whether, in the trial of a nliSdeaeGnor coun-
sci were at liberty 10 argue TO the Jury upon the
law IN opposition TO the opinion of the Court
Inc case, however, had not yet been adiudicated,
and the most that could be said, was that the
General Court had though it worthy of delibera-
tion, and had kept it under advisement The war,
therefore, which gentleman deprecated so vehe-
nently had not yet been declared by the Judiciary
against the privileges OF Jurors or the rights of the
people. Such war would be of short duration
whenever it might occur, as there was moral
force IN public sentiment efficient than leeis-
iailve edicts, and always adequate to repress any
indications of judicial usurpation.
10 the argument of gentleman, that much niu-
ry might result in individual cases from retaining
10 declare at once the will of the Legislature; the
answer was a practicable one. No example of
such injury had occurred in the course of half a
century; and il was therefore fairly to be inferred
N''-'i 1AS NOlNidlg uldL IL would not
occur But indeed, he did not well perceive how
the apprehensionS OF gentlemen on the subie ct
conid be realized In criminal cases he under
stood the practice not TO be doubted. In INSIDE
fneanors, from the very nature of the proceedings
no serious injury could arise, and the counsel of
the defendant would always have it in his power
70 protect his client from the oppression which a
single Judge might possibly be disposed to prac-
5ce by ming ill of exception TO his opinion
! ne case would then be taken up to the General
Court, the Judges of which were numerous, and
might fairly be supposed TO participate with the
rest OF the community in proper jealousy of any,
entertainments on the rights Of their fellow Cit
zcns.
An these considerations led him to believe that
Legislation at this time, would be both premature
and Impo!iuc; premature, because the case had not
YET occurred 10 require it and impolitic, because
II would imply distrust of another department Of
inc HoF ernnent; IN the patriotism, Intelligence
ana integrity OF which, nc did not hesitate 10 ex-
press his entire confidence. But his principal OBJ
Jection 10 the Bill under considerations was that il
seemed to be intended the precursor of new
ihoiihcauons OF our jurisprudence, at which he
could not refrain from expressing his utter aston,
ishment. If there were any principle wbafeVer
consecr2ted by time, and forming part of the sot
tiSd institution Of the country, il was that derived
roIn me Old law maxim IN civil cases at least that
III IS tne province uies to respond as 70 the facts
ana OF judges TO respond as TO the aW'-and vet
gentlemen had ayowed a disposition to Sc unshac-
kle the JurlcS and the counsel from all sort Of in
dicial control by leaving the one free 10 srcS,ie
and the other free to find, even III civil cases A.
gainst the instructions of the court He certain
~ was sorry TO hear such doctrines advanced in
the legislature OF Va. The separate RIGHTS & du
ties oil Courts aud Juries had long been happily
illustrated IN this ancient Commonwealth and lis
cluzens, he believed, were Tranquil and csltented
on this subject at least Mr.. Allmand concluded
with saying that he was plain matter of fact man.
that he was sorry TO see UtOpian schemes orlepis.
iation becoming fashionable; and that he was IN
willing to reiinquish the practical benefits of
slate oil things which experience had proved to be
good enough, for the unforeseen results of any
theory, however plausible il might seem
Saturday, Jan. ia communication was re-
ceived from the Senate, that they had passed the
bhI5 to incorporate the Hampton River and Sill
Creek Toll Bridge Company; end concerning VIM.
Morgan, jailor Of eson.
Reports were presented from the Committees.
On Mir SherTards notion the House resolved
to proceed jointly with the Senate on Tuesday
next 0hi5 day) 90 the election Of a superintendent
Agent
Mr. Sangster made an unsuccessful motion 10
enquire into the eXpcdency OF repeating the law
which prohibits the owners Of Mills from letting
thelr hogs run al large, unless they ffty acres
Of land
Mr. Minor obtainedIeave to bring in a bin to re-
vive, alter and modify the act for incorporating a
company TO improve the navigation OF the Matto-
pony river.
MIR. Rutherford offered resolution instructing
the committee Of Finance 20 enquire into the es-
peuency OF making an appropriation for complot-
ing the improvements on the Capitol Square, which
was agreed TO-
Mr.. Chalmers called up the engrossed bin to
amend the act concerning the literary fund tire
peals the law giving TO the two members Of the
Priyy Council, one hundred pounds each ms direc-
tors ithe Literary FUND. Mr. G. said that the
directors had but four meetings the last year. and he
thought the compensation given to them was un-
reasonable TWAS not proposed in the bin TO take
from the Governor the Compensation allowed him.
because be was called on TO sign al the warrants
and perform much personal service.
MI Minor supported the passage Of The bill on
the same grounds taken by Mr.. g.
Mr. harvic opposed the bill The directors Of
the Fund, he said, had unlimited power over the
fund, and their possibility was great lie could
not see why the compensation TO the Governor
shouhnot be Withheld also. lie was opposed 10
This distinction, fit was intended TO increase the
Governors salary, be was willing 10 vote directly
for such bill. MT u stated Dat BY no vigilance