Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-01-30
Generat @asemIt..p.
HOUSE or DELE0.4rEs.

Repnrts we're made from, Standing and otiifr com,
mittees, by Dir. Ronbroagt.
Mr.. Witsan called up the enerosssa bill authori-
:ng lottery for the benefit of the Moncngalja Aca-
denny, which was snPpurted by him and pissed with
ont dyision.- ~ ~ s.sSsv -
On motion Of mr.. EilSey, leave was oiyon to bring
IN bill Incorporating company to erect toll bridge
On motion of Mr.. Q2daridge, tn, bib prescribing
the mode OF pying money Into and out of tie Public
Treasury, was taken ordered to he enrrassed
On motion OF MI. Isppes, the bill concerning the
! Armory and for other purposes. was taken ;lp ex-
planned by mr.. tr'lace, and passed This Bit! ail-
thorizss lease to rcaf s. Porai Of sststr iUGs
of the boring Mill. J sas
The b;u to amend the chas.er cfs the tpsvn of
" ileeIing y,s read third Times supporsed by mr.
OF D!iso, eppoScd .fiau, urr pissed
| The ent:rosssl bill ,sannexing the county otMason
to the Clarksbarg chaicery district as read the Sd
time and passed. 49, - 3ss
My. Bryre called upt report of the committee Of
Finance, on the petition OF the sufees of John Pres
ton, former treasurer of the coInmonw eal.l
Ihis report after rectng the history of the ease
Qf the commonwealth against the sseties OF John
Preston In the court ofappeals, and stating that the
principle of estoppel there applied To tbem had been
since IN the of untord against the oyerseers of
the poor OF Nottosyag, reported in Cd Randolph,
reversed BY said court, concluded with resolution in
favor OF exon Grating the sureties from liability
Dir. Ryce. with view TO investigate the subject
ar 1t deserved, moved 10 refer it 10 committee of the
whole.
Dir. Witeker opposed the reference. lie tbo,obt
is but seldom that any thing was gained hv oing INTO
committee Of the whole and in all probabilitv what
was there done, would be done over asaiu IN the
Louise. Il. addition, he declared his opposition to
the resolution, and his unwilhngness to roe udicatc
| the decisions of the court ofappeals
Dir. Bryce replied. and urged the Importance octLe
question. rs reason for investigating it in the form
niost favorable to an arrival at just conclusions
! The Iouse refused to commit the report and rcso
hItion to committee of the Whole, and the question
recurring on adopting the resoluticn
Mr. ILay entered into detailed Statement on the
case, and emphatically remarked that the petitioners
had had guile OF law applied TO them which had no,
yer before been applied in such circumstances and
which BY subsequent decision Of the court Of APP
Peals could never he applied again. He Indicated his
purpose of offering bill, authorizing new trial of
this
| Mr. .Menuis Thought it dangerous prireiple for
the Legislature to be sitting in adjudication of the
court of Appeals, and moved to lay the Remrt for
| the present on the table
| Mr.. Bryce hoped that the gentleman from Bedford
mr. Mennis) would not insist upon the motion; and
lntinlatcd his concurrence in the suggested by
mr.. May.
.gTr. .Nc1lns Withdrew his motion vhiIo he sl,oo,d
vote against the resolution. The court of AppeaIs
dotfn reconsdered and reversed former decisions
and other persons had equal cause of complaint with
these shreies and If the Legislature granted relief
in this case, it would be ncnmhent TO Grant il in
others, and there would be cnd to similar appl-
cations.
| Mr. Bryce said the gentleman seemed to admit the
|
was unwilling to grant relief because the iudnents
OF the court of Appeals had done Injustice to others
Was this good reason for refusing this arpicatono
Would the gentleman individually take what he knew
he not entitled 70, aud would be apply less mo-
raj rule of action in the OF the Commonwealth
| .eI.. Hitcher entered into history OF this case
and an argument to prove that the suratics were
bound properly by the Judgment of the court. Ap-
pcatlon alter application had been made by these
suretieS, and relief granted them from time TO time
until they now asked entire exemption.
NJ W"tidce maze an enquiry rs TO particular
fact, and pr. Bryce replied
.bfr .0iay said upon reflection he preferred moi TO
vote i'll affirmation OF the whole report, and he there
fore moved to aynend the resolution by striking out
the words sis reasonable and to insert eis 80 far
reasonable that Trial ought to be granted them
III the General Court, for the balance now due the
Commonwealth"
Mr. i3rarton said if the parties were entitled TO
new trial in part, they were to trial in whole
lie understood the ncIv trial proposed by the amend
rrept, as extending only TO the balance.
.ar 6Iny said, that what had been paid, had been
paid by the estate of John Preston The suretes as
| yet had paid nothing.
mr. .6lenpis said, that he thought the House could
not adopt this amendment. The Jury had released
the sretics from paying the sum Of $4,000 and he
Thought the rule ought to work both ways. and the
question be tried whether they not fully bunnd
to that sum.
.DTr. Wucbcr said if the new trial WIS printed it
Would operate instruction the General Court
to reverse the Judgment Of the court of Appeals
.hir. dason OF Frederick, commented on the in
justice OF decision of the court of Appeals which
he declareGhe had never heard defended. In rela-
ton to the objection of Mennis, be said that the
suretcs had been released from the payment of the
$4,000 by Jury and commended that the cases were
not parallel, and that there could be pretenoe for
again trying the question Of their responsibility for
+, that sum.
Mr. RJttey}prd called the attention Of Tire House
TO the fact, that the sretcs had received injury from
The inhibition upon the sale Of the estate of John
Preston, at the instance Of the Commonwealth as
Strengthening thor claims TO relief.
| Mr.. Mays amendment was then negatived On
the question Of agreeing to the resolution, mr.. Dyer
called for the ayes and noes, bot on motion of DR.
Mason Of Frederick, te report was laid for the pre-
/ sent on the table.
The bill approprlatlng sum Of money for the re-
Dcwal and preservation Of the records oP King md