Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-03-25


IN the said superior courts and exercise of oil tn.
jurisdiction transferred To them from the former su
perIor courts of law and former superior courts %
chancery, shall nearly may be- uautatis nutandis
be CONFIRMED with the practice and regulated by The
laws regulating the proceeding Of the said forme,
superior courts of law and chanccry, except SO far
and in such manner, as the same are changed ont
altered by this act.
Is The plaintiff shall file his bin in the clerk,
office on the rule day at which the writ or other pro
cess shall be returned eXecuted or the defendant
having entered his appearance, may give a rule to
the plaintiff to file his bill; which, if he fail or ne
elect to do, the succeeding rule day. or shall
at any time fail to prosecute his action or suit he
shall be suited but person shall be non suited
for any other cause without his consent. When the
plaintiff has filed his bill he may give rule to answer
with the clerk; and if the defendant sha not answe,
accordingly, at the expiration of such rule the plain
TIL may enter judgment or decree for the subject
of the action and costs, and have writ of enquiry
or reference to 4 commissioner, the case may re-
quire, and at the next term the court shall proce
thereon shall be proper, aud If any reference b.,
properly taken, appoint commissioner for the pur-
pose OF settling, stating and reporting thereon or
! direct the same % master commissioner for that
purpose.
10 All rules to file bills, answers, replications or
other pleadings proceedings, shell be given regu-
ary from month 10 month, shall be entered in book
to be kept for the paposs and shall expire on the
succeeding rule day. And dscontinuancc of any
cause shall take place for failure to take any rule
therson, or for mispleading therein, but the same
shall stand as if continued until properly proceeded
H. or until the proceeding shall be amended or set
aside or the suit dismissed for want of proper amend
ment.
81 Every answer ether plea, OR such part of
any answer or other plea shall put the considera-
ton or execution of any deed in issue or the ms no
of any BILL note, or the assignment of any such
deed, bill or note shall be verified by oath or affirm
alton before the same shall be received or fled
PROTEST.--Iyc invite the attention of the
hlin tb, foll,
of the Senate of Virginia:
William NJ, NJ Carly, Esq q Senator from the
District composed of the counties of Fairfax and
Loudoun, entered the following Protest against the
amendment TO the BILL entitled, An act to ipcorpo-
rate the Staanton and PotowmGc Rail Road com
pan pa9y, which was as, proposed by Mr. Dromgoole
find provided, diso That nothing in this act con
tanned shall be construed TO authorize the COM
mlssIoners designated in the first section to
empower the Stanton and Potowmac rail road COM
pany to receive any subscription Of stock on the part
of the Government of the United States; and should
the SAID company permit receive any subscription
all rights and privileges herein granted shall there
upon cease and determine"
MUTARE VEL TIMERE spERSo
The Government of the United States from its foun,
daon to the present time, has claimed and exercised
the power either to make aid, in the construc-
ton of works OF internal Improvement. The most
enlightened Statesmen of all parties, including all of
our Presidents, have conceded this power, and the
Legislature of Virginia has done much sanction the
construction, and to invite within her border the an
plication of Federal Funds. In the winter of 1876
and 1927, Legislature passed certain Resolutions
which sought to establish opposite construction of
the Constitutional powers of the General Government
How far these Resolutions have contributed to the en-
enlargement of the multiplying doctrines of Sister
State, or how far they intended pave the way
for the adoption OF the princ pies embraced in this
amendment, would, here, be an Improbable enquiry
1t will be sufficient, for the present OCCASION to re-
mark that these Resolutions, not having the binding
force effect of law, the minority this State were left
free to indulge in their own opinions and receive
from the Federal Government any aid to which they
might consider themselves legally and constitutional.
ly entitled. But majority of the Senate have done
by law, that which could not be effected by the for
mer Resolutions. Those resolutions argued the cues
ton, and persuaded the minority give up their opin>
ions, This law, without argument persuasion com
mands them. IF they shall still refuse to surrender
their opinions, and renounce their Just claims upon
the General Government, they told that they shall,
never more have from the State Legislature, an Act
of incorporation to construct roads, which to trans
port their crops to market. If this humiliatng cond-
ton be not complied with. they are told that their
rights and privileges, in such an act of Legislative
protection, 'shal thereupon ard determine"
The avowed objects of this amendment, as stated by
the mover, are, annihilse the power of Congress
this subject, and preserve our citizeA, from
the COMMUNICATING influence of the unconstitutional
acts oS the General Government"
There is certainly wide difference, between
multiplying the power of Congress to pass law,
and multiplying the law after it passed. he former
is the doctrine commended for in the amendment The
latter, is that contended for in South Carolina To
both, am decidedly opposed Bat the means, by
which, the E'rmer is to be accomplished are more
objectionable, than those which have been ndlcu-
ted, for the accomplishment of the latter. ( The
power of Congress over this subject" is to be an.
initiated, by legslating the minority out of their
conscientious convictions, that Congress has the
power" to aid them in their patriotic, and laudabe
effort, to construct works OF public aud gene raj
utility. As Citizens ofthc Union, contributing their
fair proportions the public purse, they believe that
they are entitled, with other citizens of other
States, to fair participation, the legitimate dis
bursemens Of the common treasure. They believe
that they owe to the Federal Government the
same allegiance, that they owe to the State Go.
vernment, and they feel for both, like affection.
They believe that they equally bound to
sustain these Governments, and that they
have in turn, equal claim upon their patron
age and support, their respective spheres of
action. But this amendment, demands as the price
of an act Of incorporation from the State Govern
msnt, the surrender of their opinions together with
their pecuniary rights and privileges in the Federal
Government.
The amendment is intended also to preserve them
against their VIII, from the communicating influence
Of the Unconstitutional Of the General Govern
ment."
M