Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-02-27
Ttr1i,ria KegtsIaturs.

ton Monument Fund, and TO authorize two sepa,ate Q.
'ecHons IN Lee That they had passed with amend.
'nen's the bill, changing the times of holding certain
Superior Courts of Chancery. That they had rejected
the bills, for the extension OF the kenawha Turnpke
itoad; and eniagng the powers and duties of cons.a.
oies IN certain cases. And that they agree 10 the res
onion requesting the Executive TO present 10 the
Of Virginia. f
! The Sense's amendments were concurred in.
MIR. Sherrord called up the amendments of tho
Senate, 10 tsc bill providing for running and mar
kiig the dividing line between Morgan and Fred.
er'ck. Mr. knnbrough moved to amend the last a.
'nendn,cn of the Senate, by adding new section to
The bill providing for running the dividing lines be
tween the counties of GoochIand Hanover and Ioni
sa. 1t was agreed to, and all the amendments were
then concurrCd in.
EnSrossed dNs pnssed-Copccrning Jarratt w.
Cook; 10 amend the act TO raise money v lottery mass
cd 7th OF March, 1896, and TO appoint commissioners
TO locate the road: in said act mentioned giving the
assent OF is state to an act further Ia amend the act
Incorporating the Chesapeake and Ohio Canal Com
pary passed by Tie State Of Dfaryauj; au.lorsnr
sale OF the slaves belonging the estate of Solomon
Jacobs, decd authorship the sale of The real estate of
BAIT Dandr'cge, decd; changing the time of holding
one OF the quarterly courts of Fauquier; amend the
act IN relation TO tie jurisdiction OF tile Court Of An
peals and for other purposes.
The Report from The Committee of Courts of Justice
on the letter OF Chancellor Greed Taylor being read
as follows:
The Committee Ear Courts of Justice 10 whom, ,as
referred the letter of the Governors enclosing letter (ou
Creed Taylor Chancellor OF the Richmond District have
had the same under consc beg leave to rcrar,
That in pursuance Of the authority vested in the CHAN.
cel!or fthe Richmond Dic, by the act entitled Gan c,
10 after and reform the mode of proceeding Courts IF
Chancery the Chancellor did the 81 June 1886
MAKE c following entry upon the order book of the Court,
fhs Chancellor, pursuant the 10Th section of the act,
(qinied abovc Would have proceeded Court 10 erque
TOTO me snticienry of tile securities of WIN. w. IIsing
e Clerk thereto; but he frankly the Chancellor
IN Court that by death, renewal and change of circun
stances, Of his securities the rest were no, sri,
a tln F,g,a
Court reasonable time to look cures:
And the Chancellor said he might have tine last da
%! the aud might be absent every day until them
without further leave, for that purpose And afterwards
the Chancellor extended the time some period in the
next vacation; and in the vacation he further
orders requiring security of W. W. Heuur as Cirrk. hu,
the security rendered by Mr. enus wing been decided
by the Chancellor to he insufficient, copy all the prn.
ceedGs was sent him BY the Attorney General wo .sti-
tucd prosecution ihereupon in the General Count ic
came on to be heard before Inc said Court the las,
November term thereof when the General our deci led
that under and by virtue OF that of Assembly, the
Chancellor had no authority in Vacation; and fur
made III open Court, order rcu,ing the CLERK
10 give further security So that clearly appears To your
Committee, under The decision of the General Court that
no order has yet been made by the Chaiccr requiring
.:om Nh Hening further security CIeh of tie Chamcev
Cour and yeur Committee cannot perceive, lay hat pu-
cIpie oi justice or equity the Legislature he called
upon, or expected, TO pass special one
only of the Clerks of the Chancery Courts retrospective in
its operation, oppressive in its nature unjust is
8pIica ton nasmuch it will purishmrn r;,nI
tire Clerk, fer the misconduct negc, OF the Cauccor
himself The Clerk was not bound 10 give additional
security un'il ordered so To do by the Cauceor,
hecn decided by the proper tribunal; 2pYars 20 yor
Committee, that the letter of the Chancellor can ba cons.
dered in other light, than application House
do that by legislation now, which Chance or hins
ought to have done III June 1926, by his ,I,aw",
1t appears further your Committee, the C.arrcrv
Court of Richmond mas been in session since .e e. lay OF
January than 40 days; aud duirg all that ING the
Chancellor has neglected 10 make o,GHr .ug the
said fleming 10 give additional security; uari a;pears to
your Committee TO be gross neglect Of is uy Chan
ceiior.
Rgsorsd, therefore, As the opinion of Ibis Committee
that make any n. this time
in the entitled, "an alter rsoJm the mode II
proceeding i'll Conrts Of ChdHccry, suggested in the
Chancellnr's ieitei.
MIR Kmbrough said, he dssented from part of the
report and that IN justice TO himself OF tire
mee he felt bound express his dissent lie thought
The Committee had departed from the object of the en-
qury. lie agreed in the resolution and part Of the
views Of the report Mr. X. then offered substitute
for the report, IN which his views fully explained
Dir Co'son ihOnghi that the feelings of Chancellor
Taylor had been treated with unnecessarr hars!ncss
and severity. The offence of tie Chancellor was {
most, but demonstration of the law and in the
qnry before the committee, the Chancellor had not
been allow ed chance of being heard There was
difference Of opinion among legal gentlemen as 10 tie
tIue construction Of the law aud the chance even
that the C!anceors construction was right. He
thought wound had been unnecessarily nil,ccd BY tie
report the feelings of the Chancellor. The commit
!
days in session without taking any order Mi lie
ming did reflect that The Chancellor had submitted
| the to the Legislature.
MIR. Hale Franklin, moved 10 lay lie report on The
| table
Mr.. Clarke of Chesterfield expIa ined the course be
had taken member of the committee in reference
to The case. Mr.. &. proceeded 10 comment with some
severity that part OF the Chancellors letter, in which
he called upon the Legislature to pass retrospective
law 10 enable him 10 do what he ought to have done be
ore AS to the Chancellor, Air. c. said he felt towards
him personal esteem and respect lie had acted upon
the letter as he thought the letter deserved, and with
ont reference 10 the author. Mr.. G. SAID lie bad only
risen TO acquit himself as of the committee from
the charge OF having acted unustly towards the Chan
celoris feelings. lie willing that The report should
| lie the table.
! MIR. Colston explained. He had said tat he thought
the committee had acted unjusty. and that opinion hc
would not retraCt while he disclamed any design o.
charging the committee with voluntary injustice.
"Ir Hunter Of Berkeley, proceeding TO vindcate
the Committee Of Courts Of Justice, but called
order If, said Mr. u. the Chancellor had acted mPro
nor he ri tn bo; IIoh