Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-01-30
General asseublp.
HOUSE or Delegates.


:, authorizing the raising by way of Lottery a sum
OF money Tor improving the Fauqu-r and AlbcInarc
Turnke; 3, concerning the powers of the trustees ot
the town OF Fort Royal 4 uu,horisng the erection
dam across Queens Creek; and they have agreed t.
the resolutions for surveying Pattcryuu's Creek IL
| Hampshire.
Mr. Rires OFF. G.. moved IN ancni the 9TH rule OF
the House (drcng that questions settled shall
not be rcctnsiTed at the SESSION. by proyidnn
unless three members rsr i'll their places and ask fol
reconsideration
Mr.. Dotldridge moved tn amend, by REQUIRING that
three members shall concur in suspension OF til;
rule; which was accepted BY the mover but before Il
vote was taken, the resolution Tor the present was
laid TN the tabc.
Mr. anderson of Bot. renewed the motion made by
him yesterday, for recousderin.r the vote rcIcctin
the bill FOR the relief of Thomas w. White.
The motion was supported by Mcssrs. Crn.
S'nih of Grccnbrer and Nelson and carried withou,
a division.
Mr.. Duacha moved to rccom,nit the bill, wit, tho
view ofprovdiag that Mr.. White be required to- prin,
the lost Journals it they be- hcteafler found.
Mr. WILSON supported by Mr. Io,doJrdsc, moved its
reference To select committee, which ngrccl
TO- and ctrninl,tce appointed, consisting of Mcssrs.
.Netson Dtreat, DOddytdge JadC,-Son of Bot. Crdi.
Smith OF Grecnhrier, and SD,iH of Kcnawhu.
! Mr.. .hason ofFrcdcrick called up the report ofthc
committee of finance, releasing the suretics 81 John
Preston from their obligation to che commonwealth.
Mr.. .haSon Of Fred said that further eyunina-
ton Of The susect had satisfied him. that the petition
crs were entitled to relief; and that morals and com
srlencr, required the commonwealth to r,,as, them
from liability. MIR. NJ. ryrapitulGcd the prircpal
iacts as that the dctalcatous Of Preston occurred
aateIor to The petitioners becoming hs srccs-.hat
this fact was concusivcy established at the triaand
that the judgment had ssonc against them by poin,
OF law raisel by the court-which point of law was
TrcasuTcrs books--althougl fun handed with 1roof,
were excluded by the bo"kS, fr m provinr that the
dcdlcaion had occurred fore They became surctes
Lac court Which pronounced thi- Judgment, said Mr.
H. was the court of ultimate resort and a,houu! its
opinion was unanimously condemned By ;h- whole
community although il against oil Law the svcnri
ties bound b. it hand and foot Fortunately for
them tue court of appeals had since, in the cnse of
M,inord and the ovcrsccrs of the poor of Not wav
re- iscd and reversed the principle decided BY tho spc
cal court. The decisop OF the court had been re-
viewed with great delibcruton 81 Cronounc ID not TO bc
law. (Here Mr. NJ read from, Randolph the opinion
OF tue court IN The case OF aunford ana the OyerSce
MIR. ". asked If there could he n uirc mons. rous
p opposition than TO eya from n in iyiduals mo-
ney for which in law and morals they were not bound,
IL had been said that was dangerous principle for
'ns Legislature to reverse the decisions of the Court
OF appeals That was not aSiedt was us kei TO srs-
tain the decision of that Court. Mr.. NJ commented
on other facts OF the case the Injunction obteined
by the commonwealth prohibiting the sale Of Prcstons
estate, by which the securities had been improperly
subjected to pay interest, and before which was dc
solved property had sustained great depreciation
in valuc-as giving them the strongest equitable
claim to relief Every cons !cration OF law. CON
science ana example, cXactcd Ill his opinion rc,i.f
IRON the commonwealth to the petitioners
Mr.. Wttcher said he not yet satisfied that the
suretles were not legally and justly bound. The
surees of John Preston were suretes for his borour
and integrity and he thought that false entry upon
his books in the year for which they were ho.rJ ~,
much violation of integrity as if he had in that
year, eInbczzcd the CONFERENCE.-The money To
sustain this view Mr.. Whehe,- stated various cascs
lie doubted if the cited BY the gentleman from
Frederick was in point-ui vet more if the srcnri
ties had received tho in;t - 81
ton obtained by the commonwealth or the dcprccia
ton OF rcn estate. For one, h. had though and
he still thought, the judgment Of the court lust and
TINS House mad four years ago, after full discussion
refused by large vOto TO release the securities
fhey had then abandoned it, but rs the affair was
getting rusty, and our recollection of more faint
thc application was again renewed. lie thourht
the precedent dangerous and he should vote araist
II.
Mr.. DodJi6se said he felt difficulty in vofino 70
give an entire release. lie preferred TO grant IN,
suretes ncw trial, for he TOO though. the judgement
erroneous, though he would not call it rnonst ron,
Mr. d. related the facts that had led the L,pisatur.
TO obtain the injunction referred to-narnely tho far,
that Preston had conveyed large estates 10 secure nm
independent property to CERTAIN OF his children and
ne conteDded that during the time ofthat Injunction
loZI property had not appreciated, and even if +,
had the sIrees might by proper steps have procured
sale of the estate by the consent Of the common
wealth. Notwithstanding he thought them entitled
TO no RELIGION this ground, he would vet 90 as far ms ~
LdIlJ tlcn new trial, believing as he did that tho
by Which they we're CONCLUDED was errone.
ncous.
Mr.. Bryce replied to the argument Of mir. Witch
or, that the suTctIcs, thc siretics OF Tho ntcrt
and good behaviour Of John Preston. The commit,
tees of this House had repeatedly reported that al
was well, and thus given credit to Preston and nlr
ced that confidence which lis funics felt in him.
lie vas sure that if the gentleman would Deliberately
examine the case, he would come to the same con
cluson with the committee Of finance.
Mr.. Doddriige hoped the House would permit tho
resolution to assume the shape Of bill when IL could
be modified o. moot is c,ncur7ucc and mr.. Br,ec
agreed in the propric'y Of The course.
Dir. EPpes said tic enquiry was If tlis case were
now to be tired, could the commonwealth again oi,
tain Judgment against tbc s'irct,s> Fit cound not
ought tito insist upon decision unjust and Illegal
lie argued against thc validity ofthc cstopi el npf led
70 the sccur;ies, and reminded tic House that John
Prestons estate was not sought 20 be- released but
his securities. Ho should support Uie resolution.
Mr.. Whchcr said h. was glad 10 sec that the law
yers By whom he wos surrounded. fourht shy. and
had not touched tho only position hc had taken
namely, that tic securities were guarantees for the
integrity Of thrlr principal, Mr.. w adduced various