Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-19

OF Clerks Of Courts, was taken up. and tho amend.
ments adopted In committee Of the Whole, were adopt
ed by the House, and the bill having been further a.
mended. on motion Of Messrs. Poindex,er aud Broinax X,
on motion OF Mr.. Cholson. the following section was in
serted:
BE IL further enacted. That hereafter IL may be law
iui Tor any clerk immediately after the final decision Of
any cause, TO issue his tickets for any fees due him from
the parties TO sad cause, any law TO the contrary here
toiore, Notwithstanding.
On motion OF MIR. Miller of Botetouri. the bill was a.
mended by inserting the following sections:
dnd be it further enacted, That il any clerk shall. is-
sue a fee bill or ticket against any person or pei sons
whatever, and shall charge such pes son or persons for
any service not rendered TO, or for him or them, or shall,
Tor any services rendered, Charge him, her or them
with any greater sum than such clerk shall be entitled
10 charge him, her or them, every clerk shall forfeit
and pay to the party aggrieved, NJ least - aud the
costs, to be recovered 10y motion on ten days notice, in
any court Of record having jurisdiction thereof.
INDIE Il Jtsther enacted, That ii shall be lawful for
the Superior and Inferior Courts of the County or Cor
poration in which any clerk shall oficiate. upon the
complaint of any person aggrieved, without notice. in
the case OF a clerk then in office, and upon - days
notice to the officer in all other cases, 10 quash any fec
bill or ticket, issued by such clerk, contrary to the pro-
visions OF this or any other act Of the General Assem-
bly,.
ind be It further enacted, That so much of any act
as limits the period OF commencing any prosecution, ci-
vii or criminal, against a clerk for any misconduct in
Office, to one year, shall be and the same is hereby re-
pealed; and any such prosecution may be commenced,
or any Indictment or Information for any such offence,
may be exhibited within five years from the commits
sion OF such offence, and not after.
MIR. Moore submitted a substitute, which provide
that the Clerks shall make ou', annually, an exact ac-
CONT OF all fees received, and return il to their respec.
i've courts, making oath to Its accuracy-and in all
case in which the whole amount of fees shall be l,ss
than in one year, the Clerk shall retain tie
whole amour; but when The amour, OF fees shall ex-
coed Ia one year, ths Clerk sbsR receive a
salary oil not less than nor more than out
OF the proceeds Of the office. And the sums aecruing
from Clerks fees, in the County and Corporation Courts,
shall constitute a part OF the fund for the support of the
the General Cour, or Court Of Appeals, shall he paid
into the Treasury, Tor the use Of the Literary Fund.
MIR. Moore stated his reasons for Offering his subsii-
iute. He was not aware OF The operation of the bill
now before tho House, IL made a reduction, but whe.
Their the reduction would he efec,ual in The large ccuu.
lies, he did not knew. But he had been informed by
gentlemen from the smalIer counties, tn, the reduc-
tion was such that II would deprive them Of Clerks
altogether, a, ,h- fees would not afford a moiety OF
compensation. The substitute embraced the Clerks OF
the Superior G urts. The House could fix the fees a,
ders'ood.
Mr.. Knox opposed the substitute.
MIR. Halyburton could not vote for the original bill.
II was very difficult to make a general rsle on this
,ubject. In some counties the offices were sinecures;
IN Others they were scAntily raid; and in one, he un
derstood, there was no Clerk at all. If the bin wers
passed, aud its application ma ie general, 4. would de.
privs some smell counties Of their Gle ks, and thus
shutthem out from the benefits of all that would be
done this session TO extend the Judiciary System He
wished the bill and substitute laid on the table, that
the latter might be examined. He moved to lay them
on the table.
After some conversation between Messrs. Moore and
Knox, the motion was agreed %.
STATE RIGHTS.
On motion of Mr.. Brodnax, the amendment of the
Senate TO the bill Incorporating the Petersburg Rail
Road Company, was taken up.
ME-. Brodnax said, thai, sgreeably TO the in,imatiop
he had given, when he moved to take up this bill, he
had now risen TO move, that this House disagree to
The amendment OF the Senate. 1 do not intend, said
he, to submit: any argumtn, whatever, on the great
question Of State rights suppo.ed to be involved in tits
amendment, but simply TO ofer an expliIa,ion Of the
considerations which have induced m to assume an
attitude apparently in opposition TO my previous otia-
ions through life. No man, sir, in Virginia, entertains
a more hrm and decided opinion en- this subject than l
do. 1t is one which was formed after the mos, careful
elaboration, years ago, and which has been hab;tuslly
and consistently acted on, on every occasion in which
my humble judgment has STAGE been required TO ope-
rae, on political measures or public men. My creed
can be condensed into a single sentence. 1t is, that
e.-Gove!smen. of the United States possesses no
power or authority, TO appropriate money for any other
purposes than those enumerated in the Constitution;
and that the construction OF roads is not one Of these
| not only deny that it now has this eontIov, ried power
over internal improvements, but l go farther, and do
not hesitate to avow, that il we were now engaged in
amending the Fede, al Constitution, this Is precisely
The very last power which l would be disposed 10 con-
Ter upon 1t. Ii is one, the exercise of which would be
liable TO most abuse-wOuld involve the greatest cor.
rupiop, and prodnce the most extensive mischief.
But, sir, cordial as is my concurrence in the pTiaci-
pie, as a general one, which this amendment sssrrts,
l most sincerely regret that the Senate should have
deemed il ~expedient to agi:ate this exciting question,
al this time, and in this m0de,-lhe most inc ype die mt
and inoPportune, In my poor judgment. in DO b par icu-
lars, that could have occurs ed-calcula.ed to produce
much mischief and Injury, and not a single good TO
the State, Sir, plant his principIs on proper ground,
aud in a coDgenial season, and ], for one, will cultivate
aud nurture ~; but here il Stands as an unnatural ex-
cresceDce, a fungus, and the sooner we amputsts il the
better. Ne man feels higher respect than | do, for
the souic e from which this amendment has emanated,
but while l tolerate unquesliou 90 the course honestly
adopted by Others, | will, with equal freedom, pursue
my own, rot doubling that the motives and objects OF
both, are above the imputaiioD Of insincerity or i'm
purify. As to the time can any thing be more I'M
called for more unfof tunate. than at this advanced
period in our session., when things are going
harmoDiou-ly on among us,-whsn we have before
ss a mass Of unusual magnitude, Of impor ant
and Indispensable legislation, which demands, our
undivided at,ention-when, with all our exertioDs
we are s inted in time-to have or attention With
drawn, and perhaps our angry feelings excited by hav-
ng on the very heel OF our LAHORE, 6re-brdrd thrown
among us, on materials TOO already ;ufficien ly H. fam
mablt? Sir" ihefe is a time for all things" The
time tcdS, when the solemn declaration Of a sovereign
State, on a < eat question OF C INSTITUTION al construction,
carried weigh hi and authority with tit vas felt, and
is Influence recogniz.d ID, by the Federal Government
Blu, now the cry Of " State Rights invaded" is 30 fre.
quenty reiterated, and sometime. resOrted to, on such
trivial occasions, tina. | fear its eff acy will be lost, AID
II will pass b. unheeded as the idle winds N shine
is go eminentIy calculated to cheaper il, and turn /,
into ridicule -and tina, which vas once the prize and
glory OF Virginia, may, unless "e are careful how and
when we recur to it, become her taunt and reproaeh.
The most obvious axiom may be injufedin impression,
and FILTERED away into triteness, by too ft quent or in
oppor une fepeiiiion'. There are many principles and
opinions which most men profess and believe, and which
on proper occasions they should express and act on;
n haala ra En If ohtrt. MAJ nAf .I.n..