Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-31

preston was secured, directed the Attorney Cen
era to obtain an injunction, and that the securi-
| ues might then have surrendered the property
and had il sold that the avails might be subject
| 10 future disposition. As to the erroneous judg-
ment his Impressions were so strong, that he could
not as matter OF course, claim the money with
] OUT re-hearing lie would then vote for the
solution and when the billIwas brought in he would
take care to have the rights of the State so secur
| ed, As TO allow new trial
Mr.. Bryce answered the argument of Mr. Wit
cher-if there be any fault in giving confidence
to Preston, have not we done something 10 create
iU had not committees of this House invesiigat-
ed his accounts, and repeatedly reported that all
was Wen! Did they not give credit to Preston,
10 which he was not entitled. Might not any
ci'izen have been thus tempted to become his
security! And shall we now exact the debts of
him, whom we ourselves have led into error. Mr.
D. hoped, that the House would at least grant a
| further enquiry into this matter.
Mr. Doddrdge rose 10 say, that he understood
| IL the resolution was adopted, and bill ordered
| to be brought in, it might take such shape as
would be satisfactory to members and safe to the
commonwealth.
Mr.. Eppes stated that he too had been always
IN the House, when questions on this subject Rad
been taken on other occasions-but ia these cases
the securities had asked for an entire release from
the Judgment oil a Court-but, now the question
was to grant them a new hearing. If it should
appear, that these securities had been guilty of
any misconduct; il, for instance thew had ever as
| sisted in secreting the property of Preston, then
they would he parties TO the fraud, and not emit
| tied to any relief.
:, (Some conversation took place between Messrs.
Eppes and Wtcher)
Mr.. Doddridge suggested to Mr. Wltcher that
| according to the proposed by all parties.
no one proposes to set aside the claim of the Com
| monwealth, but merely to decide again whether
the Special Court of Appeals were right. II will
cost us noihng-the Courts are at our service,
and the Attorney General at our command
hir. Bryce supported his proposons nv ouo,a-
ions, from the case Of Mumford against the Over
seers OF the Poor, which he read to the House
MI. Witcher declared, that he had more conf
| dence in the decisions Of the Court of Appeals
formerly, than he had since the death of Judge
| Roane,
Mr.. Craig explained the reasons for the vote he
was about to give. He declared himself opposed
Ito ripping up the decisions of the Courts n left
room for tampering; although he would be the
| last to suspect the Judges Of our Courts of any
such course. But il against the prin ciple
that he protested-for, where would be the stop
ping point! What variety of new applications
lor redress and new trials might il not introduced
| Ii the friends of the resolution however, could
| show any grounds extrinsic of such a principle:
| II, Tor instance, they should show that the Com
monwealth, by any of her acts, had injured the
value oil Prestons property which in the
hands oil the securities, for paying his debts then
| ne would agree to assist in their relief-but he
Could not consent To open up the judgments of
| the courts He would vote for the resolution
however, TO give them an opportunity of making
out, II they could, any injuries they had received
at the hands OF the Comnlonw ealth in the DISPOSE
| ton OF Preston's property.
| The question was then taken on the adoption of
the resolutions; and it was rejected, ayes IS, noes
ia.
communication was received from the 2d An
dltor, covering Report Of the Board of Public
| Works, on the Tariff Of Tolls on the Kanaw ha
River.
On motion of Mr.. Whita of Rockbridge, the B.
n liz 10
| House with the Documentary Evidence on which
| their Report was founded-and the Report was or
dered to be printed.
On Mr.. Doddridge's motion, the Report Of the
Beard Ell Public Works on the Wellsburg and
Washington Turnpike Company was referred to
The Committee Of Roads and Internal n ayig alton
On MIR. Nelson's motion, the House resolv-
ed itself into Committee of the Whole on the bill
Concerning the Literary Fund'-Mr, Miller of
Powhatan in the Chair
Mr. Fitzhugh, OF Fairfax, explained, at some
length, the objects of the bill. They were two;
lst gradual introduction of a more extensive
system OF primary schools in the different counties;
and I'd. a more vigilant and efficient administra.
| ton OF the funds He went into various calcula
| tons to show, how small number OF the children
| OF the Commonwealth were educated under the
present system; during the last year little more
than 1000, upon whom $4,000 were expended-a
result very unequal to the expenditure III. pre.
sented comparative views Of what was effe cted in
some oil the Northern States. In late wear in
connecticut, the appropriation was about S72 900.
and the number of children educated by il more
than $4,000. In the State of New York the an.
preparation of 100000 during the last wear. Sc
cured the education of 40, or 4S0, 900. He con.
tended, that altho the local circumstances of these
states might give an additional expansion to the
operations OF their Literary Fund vet il was the
difference OF their systems from our own which
principally produced this difference in the result.
~ said, that tire Northern plan was to distribute
the iund among the townships districts, in pro.
portion to the sums which they levied upon them
seives-and that this system contributed to strip
the primary schools Of all appearance of degrade
ton; and hence their schools were attended by the
children of the rich as well as the poor. In one
respect, the bill before the Committee differed from
'her laws. 1t used no conpulsion. II did not call
upon the counties TO make any levy upon them
selves. Instead OF forced levy, il proposes vol
untary contribution. we propose to give to each
district in county, which will voluntarily con-
tribute other funds Of its own. And tho the ex.
tension OF the system would therefore, be slow
yet IL would be certain, and would gradually re-
ceive the cordial support Of the people Such
system must certainly spread among the counties
ohe or TWO individuals in district would advance
money oil their own, 70 avail themselves of the
funds held out by the Literary Fund-a school
would be established The experience of its ben
eht In one district, would extend it TO other dis
'ricts; and thus schools would spread themselves
ever all the counties The expences of educa-
ton would be Observation-Disclosures better quail
filed would spring up-the Lancasterian plan.
which mutples the powers of education at least
teniold, would be established to multiply the pow
ers OF the new system. The plan OF the present
Dill, he contended, was not visionary 1T was sup.
ported by the experience of our sister states. III
was not only correct in theory, but it enforced
by the best oil all tests-unerring experience.
Mr.. +. then went into an explanation of the pro-
Ole ll -. d.