Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-10-24

viual rights and restricting the exercise Of pardon
Mr. Leigh objected to the former clause, as prevent
formed by an individual. !
Mr. johnson admitted the diculty bat explained his
object to be- prevent great Of improper legis
ton which now consumes much of the time Of the legs
sature and Is expended matters in which the public,
as SUCH have little
Before any decision had on this proposition, Mr..
fieasants moved an adjournment; but, having with
drawn the motion, Mr. Mercer proposed that the Com.
nittee should ask leave to sit during the sitting Of the
conclude its discussions this day; but The proposal
not agreed to- and being o'clock, the Com
mittee adjourned. fA' ~
LEGISLATIVE COMMITTEE.
Mr. johnson withdrew the resolution he had former.
y offered. restricting the Legislature from acts Of psi.
vate legislation and omitted the following substi-
tute, viz.
Private acts Of Assembly, authorship the sale Of
property belonging to infants others granting ndi-
vduas dpensaton from the operation Of general laws;
RENTING fines, penalties forieitures: granting par.
dons, reprieves or divorces establishing incorpors
ting towns, adding thereto regulating their police,
granting or releasing the Commonwealth right to
SPECIFIC property. without compensation; being uncon.
nected with the character Of Legislative powers which,
should be employed for purposes Of general interest,"
ought not to be allowed provided that the power Of the
Legislature be not restrained from making compensa-
ton 10 individuals Tor public services, from granting
charters OF Incorporation, when, in their opinion, the
public interest requires il.
TWAS opposed by MIR. Leigh. who, while ne fully
admitted the existence Of the evil intended be renee
ded2and expressed great reluctance in opposing tho
resolution, declared himself compelled. from various
reasons which he stated, conclude the re medy
was insufficient, and would produce evil than Il
| CORE cted. e.t
Mr.. johnson in reply, confessed that he was not linn
self fully satisfied with the terms OF the resolutions; but
insisted the evils Of individual legislation, and
tended that his proposition would RENEE
dy OF ndiSlnal grievances, but would only compel the
Lcgslature by general law, 10 provide for whole
class of citizens similarly situated instead Of providing
for single mau. He contended that courts OF law
furnished better tribunal so decide upon applications
fhat,f
turc would restrain the by fixed rules and limit
their power with jealous whereas their ocn pow
er could not be limited and would not be exercised BY
| any fixed rule.
Mr.. Cooke admitting and dcplorng the same evils In
the existing state Of legislation, proposed remedy
the following resolution, which he offered subsi
tufe 10 ihatoi MIR. Johnson:
| RESOLVED, That provision to the following effect
should be inserted in the Constitution Of this Common
| wealth:
1t shall be the duty OF the General Assembly to enact
aiaw or laws, as soon may be, and from time me
as new notifications to such law laws may be sur-
ges,ed by the varying exige nces of the community in
vestihg the Courts OF this Commonwealth, some ono
or more Of them special tribunal tribunals If Il
shall he deemed necessary such tribunal or
tribunals adequate powers properly limited and re-
strained 10 hear and decide upon all claims on the JUS
ce, and petitions addressed to the generosity of tbs
Government, not provided for by any existing law and
all petitions for dspensati from the operation Of ee
neral laws reserving, however, to the General sse-
bly,, the power which il possesses Of hearing aud
deciding on, all such claims and petitions and the pow
|
law the decisions Of the said Courts and the said special
tribunals; ~
And investing the said Courts or the said special
tribunals rs the case may be with the power Of hear
ing and deciding petitions for the incorporation of
towns and villages in conformity with general and
restraining rules as shall be prescribed by such law or
aws rcservlng IN like manner, TO the General Assem-
bly,, the power Of hearing and deciding such pet.
tons, and OF revising such decisions.
on motion OF Mr. Dodiridge, the resolution and SUBJ
sue were both laid upon the table, and ordered to bs
printed. ''-F.1
The Committee next took up the following resolution,
heretofore submitted by Mr.. johnson, viz:
Reso!Ued. That all public Offices are created for the
public good, and should be bestowed and administered
with view 10 that end only, neither such Offices
nor any deputation of them be lawfully sold nor
can any reward or promise of reward he lawfully Civ
en- or received Tor the appointment any such Office
or Tor the epuiaton thereof for any vote in making
such appointment depuaiion--and that the power o
the Legislature, should be held incompetent TO autho
rise. what is here declared unlawful.
MIR. Johnson in advocating the resolution, stated tbs
existence OF many and gross abuses which il was iosnd
ell TO correct The Office of deputy Sheriff had in some
cases, been openly put up sale, and struck Off TO the
highest bidder and this at The very door OF the
house, while the in session; and the practice
by decision Of four judges 10 one had be- IN declared
| no VOL alton of the law.
Mr.. Tazewe costended that where duties were
simply mlnisieria the principal might very Innocent
~ get them done the low terms provided due se-
curly given.
Mr. johnson insisted the distinction between tho
principals paying deputy for assisting him. and The de-
puties buying such employment from the principal as
in the case the principal would have an interest
that the duty should be perioned: but in the latter
merely that he should get his money.
MIR Tazewe thought thesdislinciion in practice fu-
tile.
Mr. JOHNSON considered il important ard referred to
the practice az common among deputy sheriff. 10 ray
more Tor that office than the gross amount of all m law.
iu fees, depending for their profit upon pecuation af
extortion.
Mr.. Tazswell thought that admitting the evils Of
ths kind the resolution would in practice correct
them.
Mr. Green considered IL valuable at least thu, far
mat would restrain the deputy sheriff from paving 10
his principal more than the amount of his fees
Mr. Leghraced the prohibition Of the sale of Offices
from the statute Of s. ward VI and gave the history
Of the subsequent Legislation this subject in this
state The only effect Of the resolution woud be TO re-
peal The provso of the statute Of I792 and Mr. L. in.
sisted that IL net the appropriate duty OF the Con.
venton, 10 engage ia the repeal Of all the statutes of
Virginia. which they might suppose injurious in their
effect In Illustration, he referred recent law,
which declared that the effect OF an execution. was 10
give lien upon all property, real and personal OF tho
person taken. On the effect Of th, statute, he made
some humorous remarks, declaring that the man inn
prsoDed under ca sa by il completely ex com.
muDcaied from human society, being unable either to
buy or iosel and that all the world put in state
OF outlawry, as II respected such man. he could buy
neither bread nor meat. nor sell any thing he owned
Hut let the Convention do what they would they could
never prevent the occurrence OF cases OF extreme hard
siips, under the imperfection Of human laws
Mr.. Johnson said in reply, that he knew that he
touched this subject al his peril that he had hoped thu
tCisf,Sn not the trff Of the Committee would bsve
been employed in the discussion OF II. its Importance
had been underra;eJ and treated 10 a manner he had
not pected; but however gentlemen might endeayour