Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-29

sarous reports were presented from the Com
mittees.
EngrOssed bills passed-To authorize I.otte-
ry Tor the benefit Of the Monongalia Academy
Adding the county OF Mason to the Clarkesburg
Shahcery Distrct-Concerni the Armory and
Tor Other purposes-To amend the charter Of the
.o"n Vi mheeiing-Appropriating sum Of money
OF King and Queen county-Concerniny Ezekiel
Mount and John Patton
On MIR Ellzey's motion, leave was given to
or,ng IN 8 bill TO incorporate company to erect a
.oii oiiaSe across The Potomac river from a poin,
near Leesburg, in Loudoun
The Speaker laid before the House com,uuni-
cation from the Second Auditor accompanied by
the proceedings Of the Board of Public Works re-
iaung 10 the Slate River Company; Referred to the
Committee OF Roads and Internal Navigation on
Mr.. fancey's motion.
MIR. Bryce called up the report of the Finance
committee, declaring reasonable the petition OF
The surehes OF John Preston, late Treasurer 10 be
released from part OF the judgment of the Court
Vi hPPe"ts,aha moved ITS reference TO the Com
lnittee oil the Whole. After some conve rsation
between Messrs. Bryce and Witcher, as to the pro.
prie'y oi gong into Committee OH the report the
House negatived the motion.
me question recurring on agreeing with the
opinion oil the Committee.
MIR. May made few remarks in which he pave
some account oil the ground oil the application
lie said, that when the case was tried in the Gen
Court before Judges, that court had decided that
The accounts ON the Treasury books, shelving
certain balances 10 be in the Treasury, were not
conclusive, though they were presuInptiye eyi.
dence against the securities. Under this decision
they had been allowed to pr0pe by legal evidence.
That the accounts were false; and that the sums
"hi'h were stated 10 have been in the Treasury
were, IN tact, not there, Al the time when their
BOND was executed OF course, the Jury found
III ther favor, and Judgment was render ed &c cord.
ingiy. The Special Court Of Appeals, consisting
OIL one Judge OF that court, and 5 OF the Gene raj
Court, OF whom dissented had reversed this
ueciion; and decided that the securities were
bound and concluded by the false entries OF the
treasurer IN the Treasury books. This principle,
so lar as he was informed had never been SO cied
before And the first time opportunity had occur
co. ne nau h,insen presented the question 10 the
constitutional Court OF appeals for their conside ra-
Ton. lie referred to the case OF Mumford vs.
the Overseefs oi the Poor of Noioway in which
he presented the petition Tor Supersedeas-In This
case the constitutional court had reversed the de-
cision OF the special court--and ecided tina, the
accounts Vi me oihcer, or principal, were not con
elusive against the security.
he consequence was, that these suretes were
condemned TO pay the debt to the Commonwealth.
upon principle which had never been applied b.-
lore, and which now could never b.. appied a,,ai,,
To any persons iii their stua ion-As Il legislator
and as man, he could reconcile il To- his sens,
oil justice TO exact tn balance o. this Judgment
from persons So situated. He thought the bette
course would be to grant to the securities a new
trial IN relation TO the small Ja'ancl uoy due
MIR. Mennis said the question was one OF ,,npor-
lance lie did mol like 10 see the House sitting
there revising the judgments Of the Courts-and
thought that II required more consideration and
therefore moved TO lay it on the table
Mr. Bryce said the progress of the bill miybt
De permitted without deciding any principle, and
called on Mr.. Mennis TO Withdraw his motion.
Mr.. Mennis withdrew the motion. He said
ShntitI 81 ntptin1
OF Appeals had often decided principles; and after
wards, in other cases, reversed their decision:-
Yet the parties injured by the fist decision had no
remedy. II the House were TO act upon all such
cases, would they not exercise judicial functions
and where would their labours end?
Mr. Bryce did not think that the remarks ofNr
hiennis showed, that upon principles of morals the
securities should be denied justice, because others
had suffered injustice The petitioners appealed
to the magnanimity of the House. and he din mo-,
think the public Golfers of the State ought TO be
swelled at their expense and against the laws of
the land He took distinction between indi
vidual Cases, and those in which the public were
concerned.
MIR. Witcher contended that the securities were
liable; because the receipt of the Treasurer each
year Tor the balance due the State was binding nm
his securities, SC. He stated it was runonred
that the securities had not paid one cent but that
all the money that had been paid, was made on,
oil Preston-that he had been suffered IN ra,ooys
some OF his property from the State, known to the
securities. This, he said, was perhaps the third
time that this application had been made; and op
posed granting relief.
Some conversation here took place between
Messrs Wallace and Bryce, in relation to what
occurred on the trial.
Mr. May then offered an amedment giving the
securities new trial in the General Court
Mr. BraXton thought tha' if il wasrght TO grant
new 4 lin partit ght to be as to The whole
Mr.. May said that $4,000 had been paid out
oil mDney received under a laaI nE Co. a.
benefit OF Preston's securities. who had paid no.
thing out of their own pockets, and who did moi,
ask 10 disturb the arrangement that had been made
in relation 10 the amount paid.
Mr. Mennis opposed the amendment-The &C.
curities had got rid of more than $1,000 which
was considered very doubtful, and was covered by
the Judgment OF the Court-now, he said i'm reply
to Mr. Bryce, that he would do Justice and grant
a new trial as TO both sums.
Mr. WitcheT objected TO forestalling the decis-
ion OF the Court, by trial. and that loo, not in
the Court where the decision was made.
Mr. Mason of +. said that the opinion universally
with the bar OF the country that the decision was
not the law OF the land-the new trial ought TO
refer TO that point which involved the point Of
law-and not include the $4,000. which grew out
OF mistake in calculation.
Mr.. Doddridge concurred in the opinion ex.
pressed of the decision Of the Special Court-bu,
thought we ought TO interfere upon some safe
ground that would not establish injurious preee.
dents. The house were called OH to grant new
trial by law.
Mr.. Rutherford rose only to state fact NOT
mentioned in the report. The securities were
prevented by the State from enforcing the deed
oil trust Tor their benefit, for some time. during
which great fall took place in the price of pro.
peTty generalIy-and the trust fund was there By
diminished.
Mr.. Mays amendment was then rejected. and
Tor he IL.