Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-18

der Of the day was postponed 10 Msndsy next
On motion Of Mr. Gilmer leave was given 10 briug in
bill to amend an act passed at the last session OF the
General Assembly, entitled can act TO establish an in
spection of Tobacco in the town Of Scotsville in the
county of Albcmarle.-And Messrs Gilmer, Wood Of
A., Paine Garland Of A., Barbour. and Garland OF Mel
son. appointed committee on the subject.
Mr.. Hamilton presented the petition Of the citizens
OF fredericksburg, for the incorporation OF an Aque-
duct Company at that place. Referred
HENklCO ELECTION.
Mr.. Leigh rose and SAID ,bat there wac ,rhjeei
which be deemed it his duty 10 mention 10 thu House;
net duty to himseif-no duty To the H,uss- bat a
duty TO the Chsi,usn OF the Cepsiee of Privilege
aud Elections la of the wspspers OF this city
communi' alton bad appeared this morning. in which
another invesiiga ion was suggested to that gentleman
into Mr. LIS eligibility to asset in ibis Hon'e, on
the ground oi his holding office Of trut AID enou.
msn', az the Reporter OF the Cour; OF Appeals Hwss
well known that the Chairman OF trs Conn it.e of
Privileges and Elections ard himself were, and had
been Tor years. particular friends; and the obiec, he
now had, was 10 exhonorae that gentleman, 10 case
should see AT TO inquire agaia into hs, Mr. LIS esi-
biUy. IL was competent TO any member T. institute
an inquire INTO tho Ell gioy OF another, and he brought
up the subject now, that any gentleman might 1T his
MIR L.. suggestion, make the proposition. il i, so pleas
ed hul There was mistake in the superstition that he
had examined the laws this subj before he b, me
candidate. At that time he had oever inined The
laws relating TO the Office Of Rep,rcr, because they
were not common Use. Subse Yaentlyhe wen I, III
otice OF the printer examine ihe in eli ton
work. He had never thought that the Office he held
was, included In those which created inelig bl'y,
offices. friend OF his, a member OF the Federal
Co IT. had mentioned the subject TO him; and he
have been struck at the establishment which he. Mr..
L., exhibited. There another fact which he would
mention. When he undertook the work i'm question, he
did At sacrifice Of practice in his profession and of
much OF his private comortin order give specimen
OF different and he hoped better style of reporting,
than that oil former times. But had he supposed that
ii could have inerered with any OF his rights a c-
zen he never would have engaged in II. But how
this to be considered OH Office OF trust cmoumenti
harn hnff uar,l. In lac, 81
which gave ground for such inference. IL is stated
that the Court shall have the power to the publ
cation OF its decisions and the that shall be paid
Tor this labor, partly literary, and partly mechanical
literary far regards the style in which the reports
are written-and mechanical far as relates to the
printing and bnding and the Court authorised to
name the person who should perform this labor That
person. il was true, be paid of the Treasury
for this piece of work. And such would be the
with carpenter engaged to make repairs to the
House of Delegates 1t was contract made
by an Individual 20 perform certain labor. for
which he was to receive so much. And IL nothing
more.-Mr. l.. bad been honored some years since
by being appointed one OF he fve revssrs OF the laws
Tney consisted OF two Judges OF the Court OF Appeals,
two Judges Of the General Court, and the humtle in
dvidual now addressing the H,use. The Executive
decided the Compensation 10 be sliuwed and they re-
csved come 20 $4,000 Bar IL occurred TO Him.
that whilt he was performing this tack, he
compc ent TO have held Jude ship, ths, the Judges
with whom he was associated. had been appointed in
violation OF the law Az air-he had been appointed
one OF the Commissioners TO settle the land iiles OF
Ken uckyBu, i, entered into his he adj hst he
was thus rendered ineligible 10 Id any office. VIII
the Safe might think proper 10 hes,ow on him. l.
was common for the L-gi a,ure appoint cerAiU coun
sci, to n@sis, the Attorney GeneIsl, 10 cases OF
great importance and although he had
been employed, vet he recollectrd. that Mr.
B,iden, (now in CODeress,) Mr.. Nicholss and
MIR. Johnson, were appointed assistant Counsel in
tn. case OF the state against the Securities OF Pres
ton They paid for their services; but wAs /,
ever supposed that they a, ha' period in lixihle
to office Again. there wasa Law OF tee General Gov
ernmeDt which declared bst no a emb, r of Congre
should hold any Office OF rust, profit or cnolume A. Yet
Judge +. T.. Is rbour, then member Of Congress,
employed in the OF Preston and ceived pa
Tor his services. He supposed such matters to saud
the ground OF any other CONTRACT. According to The
contrary ida, carpenter who should undertake
lace OF work the compensation for wtich mention
ed in Law, would be pubic officer. A public Of.
hcer was one e?p;inied TO perform stated duty, for
certain emoumen'. IL he does ut pei form his du-
ties he IL liable 10 punishment As TO a io:fer Of the
de cisors Of The Court Of AppeAls II he does pc, form
his duties he is not paisnd hat s all. OF the
sa'utes il was said that il shail be hi+ duty, c AMI
this word, duty supposed to meks his ofic,
public Why ,he word ouly prescribed ,hs work
to be dore and had no father sisniGca ion. The Law
also sail thsi the persnn should hold the office dur.
ing tae pleasure CT tie Court OF Appeas. Ard
from this word, il is urged that the fl q Ia a
pablo oro II 10 tIu- that is an Office. But an
executor holds office; trustee holds an Office
and an Alto ney holds office But they wer
not public ofices-And upon that very word If.
flee, the main point. on what was called Lees
unuer the act Ilr lns suppression OF dueiNDg, turn
ed. The questisn IVES, whether the Office held by
attorney, included among those affected by hat
act The mo splendid raci Ot ancen itera hcl.
had come down to us called by i've author. TUT
Tins Cicer0ns de Oieis-iranslateJ 'Tully's Offices
Blu, all these have nothing 10 do with siic ofic The
Constitution has said, that person holding Lucrative
office shall be egibie to- seat in the Legislature. II
the office which he held public one, then he was
nat eligible; end he wished that some member would
take up the subject g. have decided at once; that he
might eli her retire from his station, Did his seat
t,f..
OF his duties. Bat, he trusted il would not be
done at the nsgaiiOn Of every writer in newspaper
whether out OF doors, from the o'her branch OF the Lee
gisla ure, from this House.
Mr.MoTTis bad not known that the gentleman in ended
addressing the HJuse this subject, or he sh ou,d
have informed him that sI,houg the anonymous COM
munication directed to him. (sr. M he had not
thought ii necessary to notice IT, He did consider
the Office OF the gentleman ia any way interfering
with his eligibility. He knew that elergymen end
holders o public offices eligible, bu The Of
fee of the gentleman from Henrico, did TALL with
in tho range OF the constitutional exclusion lie did
not think his duty, any then tina, oil any other
gentleman, 10 bring such subj before the House
IL he had, he should no hive considered ibis
Tor inquiry. But he did not consider IL his duty TO
engage in any subsc, the suggestion 81 any anony
nous writer whatever.
LIMITATION OF REAL ACTIONS. &c.
Ou motion Of MIR. DAVIDSON, the bill limiting real
actions and right Of entry, was taken up.
MIR. Leigh moved to sriks OF The following sen
tenc. In the TAT I section, the words ia iialics.
La all wrIts OF ght, and other actions possessery.
any person may maintain u wri, OF right ppOn The
possession seisn OF his ancestor or predecessor
Oihin years, or any other possesssory action
uPon the possession or stisn OF his her
predecessor, within years, next before the feste
oil the writ, &C." The motion agreed to, aud
the bill ordered 10 bs engrossed and read third timr
I.piU oh nlafp he chi rfofh 4. troticn