Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-01-30
Geueral asseatblp.
HOUSE OF DELEGATES.
TnURsDAY, JANuA

was received from the Senate,
stating they had passed the bills, l. to authorize
Lottery for the benefit ofthe Mohongalia Academy;
g, authorizing the raising by way of Lottery sum
OF money tor improving the Fauquier aud Abe,nar!e
Turnpike; g. conce rhing thepowers of the trustees of
the town Of Port Roya 4, authorizing the erection Of
dam across Queens Crock; and they have agreed TO
the resolutions for surveying Patterson's Creek il,
hampshire
Mr.. Riccs OFF. C. moved to amend the 18th rule Of
the House directing that questions once settled shall
not be reconsldcred at the session. BY providing
unless three members rise in their places and ask for
rcconsidcraScn
Mr.. Doddridse moved to amend, BY requiring that
three members snail concur in suspension Of this
rulc which was accepted by the mover but before
vote was taken, the resolution for the present was
laid on the tabc.
Mr.. IAndersoa of Bot. renewed the motion made BY
him yesterday for recolsdering the vote rejecting
the bill for the relief Of Thomas w. White.
/ The motion was supported by Mcssrs. Cruig
Smith of Gresnbrier and Nelson and carried without
u division.
Mr.. Dtacnn moved to recommit the bill. wit,,tbo
view ofproviding that Mr.. White be required to prn,
the lost journals iftley be hereafter found.
Mr.. .Ntfson supported by Mr. Dodd-idge moved its
reference to select committee, which was agreed
TO, and a committee appointed, consisting of Messrs
Nelson, D''con, Dodd,1dgc anderson of Bot, Craig
Smith Of Greenbrier, and Smith of Kenawha
Mr. IHcson of Frederick, called up the report ofthe
committee OF finance releasing the suretes Of John
Preston from their obligation 10 the commonwealth
MIR. .Inson of Fred. said that further examina.
the subject had satisfied him. that the petition
eutitled to relief; and that morals and con-
science, required the commonwealth to release them
from liability. (Mr. NJ. rCcapitulated the pfncinol
fncts that the defalcatons of Preston occurrr,d
anterior to the petitioners becoming his sreties-th,t
this fact conclusivey ablished at the tria-and
that the Judgment had gone against them by point
OF law raised by the cuurt-which point of law was
that the su!eties este ,ped from fisifynu the
Trcasurers books although full handed with proof
were excluded by the books, from proving that The
defcaton had occurred fore they becamcsurcties
The court which pronounced his}ulgnient said Mr.
III. was the court Of ultimate resort, aud nlthonuh s
opinion was unanimously condemned by the whole
community, although against all law, the securi
ties We're bound by it hand and foot. Fortunately for
them the court of appeals had since in the case of
Mnniord and the oversecrs of the poor IF Mott way
revised and reversed the principle decided by the spe
cial court. The decision of the court had been re-
viewed with great elaboration pronounced not to be
law. 1icrc MIR. NJ read from Randolph the oninion
OF the court In the case of Munford and the Overseer
Mr.. o. asked If there could be more monstrous
proposition than to exact from these in yiduals mo-
ney for which in law and morals, they were not bound.
IL had been SAID that was dangerous principle for
tins cgisature to reverse the decisions of the Court
OF Appeals That was not asked-it was asked to sus
tain the decision Of that Court. BIZ. M commented
on other facts OF the case, the injunction obtened
by the commonwealth prohibiting the sale Of Preston
estate, by which the securities had been improperly
subjected to pay interest and before which was dis
solved, property had sustained great depreciatc n
IN valuc-as giving them the strongest equitable
claim to relief Every consideration, of law, con-
science and example, exacted in his opinion relief
from the commonwealth to the petitioners
Mr. Wscher said he was not yet satisfied, that the
ouFeties %etT not ie9e5aiiy uHd juhtly bound The
surees OF John Preston, were suretes for his honour
and mtegrny-and he thought that false entry upon
his books IN the year for which they were bound
us much violation of integrity, as if he had in that
year, ernbezzed the CONFERENCE.-The money. To
sustain TINS view MIR. Whether stated various cases.
I .hp CQCp Tod h.E. Al
Frederick, was III poin-and yet more if the securi
ties had received the injury supposed by the inuIc
ton OBTAINED by the commonwealth, the deprecia
ton OF real estate. For one, he had thought, und
lie sui Thought Unemployment Of Ie court lust and
this House had four years ago. after full discussion
refused by large vote to release the securities
They had then abandoned it, but as the affair uas
gettnS rusty, and our recollection of it more faint
tnc application was again renewed. He thourht
the precedent dangerous and he should vote AGAINST
it. eN'''''
.Mr. Dodarse said nc felt difficulty in voting r.
give an entire release. He preferred to grant tho
suretles new trial. tor he too thought the idgmcnt
erroneous, though he would not cali it monsiro,,.
MI d. related the facts that had led the Lepsaturc
to obtain the injunction referred to-namely Tho fart
that preston had conveyed large estates to secure an
independent property to CERTAIN of his children and
he commended that during the time ofthat inunction
ll821) property had not deprecated and even if il
ha the suretles might by proper steps, have procured
q sale OF the estate by the consent of the common
"Coi'b' Notwithstanding ne thought them entitled
to no reiefon this ground, he would yet 90 ns far as 70
grant them new trial, believing he did, that the
Judgment by which they were concluded was errone
neous.
Mr. Bryce replied to the argum alt of mr.. Witch
err that the suretes, the Suretics of the utcri
and good behaviour of John Preston. The commit
tees of this House had repeatedly reported that all
was wcl md thus given credit TO Preston: and nd
ced that confidence which his surutcs felt IN him.
lie was sure that if the gentleman would deliberately
examine the case he would come to the same con-
cluson with the committee of finance
Mr.. Doddridye hoped the House would permit tbo
resolution to assume the shape ofa bill, when it could
pc modified to meet its concurrence, and mr. Brzce
agreed IN the prCpricty of the course.
Mr. EPpes said the enquiry was, if this case were
now to be tried, could the commonwealth again OBJ
tam aJudgnent against the sureties? fit cond not
2qghe 1t 70 INSIST upon decision unjust and Illegal
lie argued against the validity ofthe estopre applied
% the securities and reminded the House that John
Prestons estate was not sought to BE released, but
bis securities. Hc should support the resolution.
cHpr- ho,t, rio