Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-29


before the country was accomm ,dated with common
roads.
Mr.. Eppes suggested to the gentleman from Pc
tcsbnrg press for the subscrpt Of the 2-5ths
$3.50 000 bur to provide that the State should have
fhe privilege of subscribing for many shares as
.night be deemed expedienl.
Mr. Robertson said, that contracts for the work
could not be made IN that case, as subscription to
the stock must precede them
Mr.. Eppes said that individuals might subscribe
3-5ths, and proportionabe part of the road might
be constructed-which being done, confidence would
be established, and no difficulty be found obtaining
the remaining 2-5ths either from the State or ind-
vidu ais
Mr. Rires of P. G. supported the bill-but we
could not hear the grounds liza took.
Mr.. Hlroie now desired that the bill might lie on
the table for day to afford him opportunity of
examining it, happening to be out whom it was read
lie withdrew it, but it was ;ely renewed by
Mr.. Rioes ofP., e., and negatived.
The question recurring on the motion to strike out
the State subscription of 5ths or S160 900, it was
carried in the affirmative, without count.
On motion of Mr.. Robertson, the bill was then laid
OH the table.
The engrcssed bill releasing the sureiies of John
Preston from all further liability for the judgment
rendered egainsi them in 1921, having been read,
Mr. Williams of Ilenrico, supported it. He claim
ed the passage of the bill three grounds-l That
the principle of decision erroneous aud had been
so adiudged by tho Court of Appeals another case
2, That tn sureies had sustained loss more Than
equal to the amount they sought to be relieved
from by the suspension of the sale of the propertv of
the defendants 3, As to the mode of Calculating the
interest These grounds were maintained al large
by Mr.. Williams:
Dir anderson of Bot supported the bill on similar
grounds.
Mr.. Wooly6D said that he could not vote for the
bill as stood, while he should be willing to vote for
it on certain conditions. He was willing to release
the crest demanded of the sureties, when they
were proven cd from paying by means of the Com
monwealth, but not willing to supervise the decisions
Of the Court of Appeals. He therefore moved to
reconsider the vote engrossing the bll with view
to throw it open to the amendments he suggested
Mr.. Carey said that the interest referred to, was
equal to the whole from whc! the suretes asked
to be relieved MIR. G. sta, cd that he had once been
convinced that the surecs ought not to be released,
but he nov entertained very different oPini, n.
Mr.. IPooLfokE now withdrew hs mutton, at the
suggestion of MFR. Goode.
Mr.. anderson made come explanations, us did Mr..
iltinms who both said that the interest spoken of
and which had accrued from the act Of the Common
wealth. preventing the sale of property exceeded
the amount sought to be released to the surclies.
Mr. Cary said be had heretofore enter tanned tho
opinion that it wrong for the Legislature to set
itself up Appellate Court the decisions
ofthe Court of Appcsls and also that the principle
Of calculating interest among individuals,
ought not to be applied to public debtors Mr. C..
proceeded to stale the reasons whioh otwthstund-
Ing these opinions had satisfied HIM. hat the claim
possessed the highest equity. The first ofthese was
that the commonwealth had by its injunction led
the payment, by which increased Interest had ac-
crued on the debt, and as the commonwealth was ex
posed to no correlative loss--to no 10 per centum
damages, the of individuals, he thought the
sureties had here equitable claim for relief An
other was, that loss had been sustained in the sale
of the property by means of the injunction Of the
Commonwealth. For these reasons, and not because
oferror in the judgment, he should vote to elease
the sureties.
Mr. Davis of Orange, said few words in oppnsi-
ton to the bill, and called for the ayes and noes,
which was susi aimed by the House.
MIR. Bryce also supported the bil,-denying the
correctness of the PRINCIPLES which the judgment
was overwhelming that If nov to be Tried, that
Judgment could not be misunderstanding the
injury which had resulted TO the sureies from the
Injunction Of the Commonwealth, when they were
acting fairly and properly, in the accumulation of
interest and the intermediate depreciation Of the
value of the property, the sale OF which had been
errested-and deducing thence, claims relief which
addressed themselves to the berality, dignity and
honesty of the Commonwealth.
Mr. Fynks said tie decision of the of appeals had
money had been lost people and
severely mucied gisla,ing this subject lie hoped the
MI IVoooM wished not only do right, bn do
il way, that all should acknowledge he right
released only which had by the
the commonwealth obtaining injunction which, restrained
them doing what they had right do He therefore
suspend rule of the House. order that the bill
ruigia be amended omeet his views.
Phe motion was negasived r.1
MIR Harpe addressed the House considerable length in
support of the bill reviewing the grounds which we have al
ready referredto
He was followed by Mr. fason of Frederick the
VINO entered into history presons
cation and investigation of the reasoning Of the show
the injustice of judgment in l32iagaIst the sueties, aud
their claim TO relief from that and other grounds.
Finks briefly erlied TO MIR Mason aud declared the
reasons opposition the bill; commenting upon Mr.
Aasons finding fault with the decision OF the special
appeals Fnks said that when thot gentleman swelled
five times present he might trust TO him instead Of the
court of appeasbut present Inc should abide by the
of appeals When the question taken by and
and decided as follows:
AYES-Messrs. Gimer, Wood, Davis of Amsla. Booker
Amelia Jeer Garland, of Augusta, MCue, Sitlngon Brown
Bedford, Cohs Faulke Boyd anderson sbanks Hind
man. Yancey Bnckner Samuel Bnrioo' Fitzgerald Wilson
Payne Wun Csstlenan Mason, of Fred Pack, Guerrant
Bryce Carey Anderson Atkinson of Hal Scott, OF do ker
che ,al Winston Mullen Williams, of Har, Williams of Hen
TIarve Cole washington, JEFF Morgan Dunbar smith, o
Ken, Oldham, Leland DsndIidse, Bland, Bias Miihaney
SIctabe Kmbroug, Alexander Of Neck Goode, Caperton
Va Helms, Crockett, of Mont, o'Fera, Cohoon, Neyl
Garland of Mel Munaugh Campbell Of Not Watkins, Par
riott voolfolk Huer, MCoy. Grimes, Old, Miller Allen, Dill
lou Rivss p Ct Shapds Tyler, of r. W. Booth OF Ran
doph MITCHELL Moore, White, Of Rock, Minor, Powell,
Spo Cooke Of Staff Keller, Washington, of West, Prer
us Spencer Sanger of Wyns, Shield Griffin of Yer, 70
henson. Ru,herfoord Nloody-92
Snnrlock HemliLins Ryss of Gam CaY. IYle