Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1829-02-05
VIRGINIA LEGISLATURE.
HOUSE OF rEIEGATES.

L 4
ineSfdy, .Ta3. II.
Ou notion IF Mr.. Rtrs at Prince George,
the icpor Of The Con,Hlitirp Of PrivlIegM aud
and Elections, was tikrn up and RECON- nrittsd.
VII Bryce called ny the Report Of the FL
nance COMMITTEES, declaring reasonable the pc.
tltion OF the surcties OF Jobn Preston late Trca-
surer, u be released from part Of the ind groeDi
Apprals-and NOV lts reference to the Court
Of the Committee uf the Whole After some
conv", alton between Messr, Il wee aud Witch
r., rs TO the pr"pre,y u ong iu'o COMMITTEE
"a The port IA" House neSauyed the motion
lhe question recurring On agreeing with The
pnion uf The Comni,ite,
Mr.. Nav made Inv remarks. in which hs
gave IN acc runi ot the grnund al the appl-
CATION liz sad that VII u the case was n ii
IN thr G"jeral Count befor Il Judges, 'yh.,,
cuuri had deciGed, that the acconns on th.
Treasury hnoks, showing certain balances ~
the Ire 'sury. were 40 conclusive. though ihcl
were nresumpIive y,dence az aiust the secun
les. Cndrf ihi accis,-n ih'y had bren ALLOW
~ Ia prove by legal evi5t nee, that the accounts
YER false and that hs sums 'hic werr eJA
ned 10 hsva hefn IN the lreasur. were ~ fact
not there, at iht time VIII their bond WAS rSe.
cwed' -ot course, The jury ftupd IN their favor
aud judgment WAS rendered aCchTdint ly The
Special Court ~ Appeals. consisting of one
pu,ge OF thai court aud o 81 the General Couti
o. whom one dl>4euled, had reversed tins dccis
ION; AMI decided th-t the securities were found
and concluded ny the tase entries of he / reas-
nrer ~ the Treasury bDuks This priaciple, So
far rs h. WINS toncrrned had never been so d.
cIdcd heinr'. Aud the list timc an opportunity
had occurred, he mad himself presented the
question 10 the Constitutional CONT OF appeal,
Tor their consldera ion. He referred TO the
case of Aiunford vs.. the 0yerspers Of the Po"r
of Holloway, IN which he presented the petition
for Supersedeas-fn this case the constItut,or-
al court had reversed tho decision OF the special
count, and decIded thai the accounts OF the OH.
Ger ar principal, were MOI conclusive against the
security.
Inc consequence was, that these sureiies
were condemned TO pay the debt 10 the. Com
monweaith, upon principle which had never
been applied before, and which now could never
he applied again to any other persons in their
situation as n legislator aud as man, he could
not reconcile n to ms sens' by Justice 10 exact
the balance OF this judgment from persons so ait
nated. He thought the better course would he
TO grant 10 the securities new trial IN relation
10 thu small balance now due
NJ" Menufs sad the question was one oc mn.
por,ance. He did not like 10 see the Rom.
sitting there revising the judgments of the
Courts-and thought that it required more zen.
s'deraton, aud therefore moved to lay il ON the
table
Mr. Bryce said the progress Of the bill nigh,
I've permitted without deciding any pr,nciple
aud called ON Mr. Menns to withdraw his mo-
ton
Mr. MennIs withdrew the motion He said
he should voc against the resolution The
''nr' OF Apneals had often decided principles
and afterwards, in other cases, reversed their
d"ri',on-fel III" parties injured by the frs,
decision had no remedy. the Eonse we're ia
NJ u"on all such cases, would they not exercise
judicial functions, and where would their l,hors
end
Mr.. Bryce did not think tina, the remarks y,
MIR. Menus Showed, that upon principles Of mo.
raj securities ,houi be denied iu tee, hec.nsa
others had suffered injustice. Thr net; ,on.,s
appealed TO the maenanmity ofihe House and
he did not think the public Golfers OF the State
1ugh'to be sweiled at then sApense aud ssalns, |