Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-12

donng in the Of Green n. LeweIlen." And lac
moved so TO amend the resolution.
MIR. Marshall suggested that the resolution SHOULD he
pun IN the form oi AN opinion Of the House. and OF that
OF recommendation recommendation from this body
10 the Governor, always carried with il ehng la the
nature oil command. The House ought to express its
opinion upon this case. He thought il ought TO be
put on the ground That sufficient punishment had been al
ready received SIX months before aud three years after
the sen.n seemed To him surien, inp, for
passing twenty dollar counterfeit hill
MI Marshai, amendment was accepted by Mr. Brown
AMI was agreed TO.
On motion Of Mr. Wilson OF b., the ayes and noes were
ordered OH the resolution as amended
MIR. Gilmer would do all in his power az a man for
this psor wonsn; but as legislator he had ohiec
tons to acting in this matter. THE gentleman from
Petersburg had sad, that the recommendation ,t ,hs
House not deniiive. IL il mere nuily why
dol II the Governor would disregard it, il had better
be let slone He had great objections to OF
Of the Others One of the wsest of the
Constitution had separated their powers In many in.
stances that could be named, recomnc ndaon would be
construed into command. Therefore, he thought it
improper to interfere with the Executive or the Ju.
dietary. in the iument Of their portions Of public du
~. Would il be right, asked Mr. Gil,ner ior ,L;s
House TO recommend to Judge not 10 sentence Ger.
tain criminal! Certainly not is i, more So Tor this
House take upon itself 10 direct the Cove, no
IL merely recomme Ddat on, IL is atte To do in
directly what they could not do directly The Goyernor
and Council elected by the legislature and
una recommendation would be from the creative power
10 the created Ii had seen this and her tears
and had been touched by her story But let US not be in
duced 'oo an improper act for her benefit us
fore, as men, sign recomne nda ion TO the Goyernor for
The release OF this man. Mr. G. would with pleasure be
The hst 10 sign such paper older off. red
while he could not DO it as Legislator He moved there
lore, that the Report would be laid OH the table
Mr. Brown thought the ame ndment of the pentlenan
from Fauquer had set the question in its proper
ms report would go forth the opinion Of the House of
Deiegaes who had investigated The matter. 1.-THE Exc.
suSe chose to disregard it, the House had no tight TO
s. . The proceeding was analogous with snme
o.er cases-those Of divorce, for n.ance-where one
body obtains the testimony which another body acts
hnay He hoped therefore, II the House con.de red This
case 10 which action was called for they would not be
prevented ny constitutional scruples He that
ber could recommend the prisoner privately TO the Eye
cuiive mercy But he thought that course would be OBJ
ana SUCH Recommendation would be less like
70 ne wen founded because would be done with less
scrutiny into the merits of the case than if done In the
legl-lsve capacity He thought there no danger OF
disturbing the practice under criminal code bv mi,
proceeding And he therefore hoped tho gentleman from
woul no, press his motion lay on the table
Out suffer the resolution pass.
Mr.. Glmer said, he did not wish TO oppose tho nh
Ject me gentleman had in view; but he would rather
make the recommendation in his individual capacity be.
cause Tor what he did privately he not "a
his constituents He acting here as an agent and he
couo not 90 an act which was not embraced in his power
o. attorney: The gentleman from Petersburg said that
's resolution wohl not affect the power the Execu.
1--WE. put this would be altogether according to the light
IN winch 1t was viewed by that Department. Mr. G.
thought II would be looked upon by the (,oyernor "a i,
command, and that il would be acted upon as such His
remarks were not intended TO apply the present Exc
euH W Sut were OF general application
Dan-
oemen in this discussion, that the exercise Of
cemency grew out OF doubt OF the prisoners emil,
or inlorna'y In his trial. But if the Tor the dis.
charge Of the prisoner from the severity Of the law
The Executive could not intepose by doing so il would
DC acting IN legislative capacity. These were the ca.
ses IN which the Legislature ought 10 act-and If ever
Legislature called upon to act il was in his case
put the gentleman from Abe MARIE from mofive
Mr. NJ appreciated, thought the Legislature ought, not 10
recommend the case TO the Executive. Mr. NJ thouybt
ms reasons for private were
10 establish the reverse Why was this private re COM
menuaton 10 have any effect? Because il came from
members of the Legislature If So it ought to be done in
their public capacity Mr. NJ. should think the pan NJ
the gentleman from Albemarle the indirect one and that
oil The committee the direct He was therefore on
posed 10 The proposition 10 lay the resolution on the table
MIR. Galaher read the Constitution to shew that the
power pardonng was given TO the Executive under the
coho OF 'e Legislature, which had hitherto passed Ia IS
restricting its exercise.
Mr. Gilmer replied that the Legislature could restrict
or take away the from the Executive; bu, until tina,
was uone' Mey Gould not Interfere in its exercise. The
Legislature has not said that in like this the Exc
curve sha not have the power and therefore they could
not control its exercise
Mr. Stuart OF Augusta, hoped the motion TO lay on the
table would be pressed He considered that the whole
pardoniDg power vested i'm the Executive N The
power did exist in this House, then the resolution vas in
corec the pardon ought TO forth own particular
act ~ does not exist ia us, but in the Executive, then
we ought not 10 Interfere For these reasons he wished
the resolution laid on the table, give time TO ascertain
how FAR their power did extend.
The motion TO lay OH the table rejected.
Mr. Brown read some passages from the law of March
oz4 winch he observed put ou, of the power of The
Executive 10 act IN cases like the present. He under
stood that the Attorney General had expressed the op
nion that upon resolution Of the Legislature, convict
might be discharged.
Mr.. Hopkins said that painful as il was TO o,uose tho
wishes oil an unfortunate family, he shond consider il
nigh dere'cton OF duty if he did oppose this resolution
ms Individual had been convicted of passing
money and he doubted whether any crime pmnishab,
by confinement in the Pcnentiary, exceeded it i'm tur
Piiude Perhaps the members from the mountains ba,
experienced greater evil from the passing of
money among 'hem than in any other section To de.
osse he currency OF country, was justly considered
OF the most dangerous crimes and this convict ouch, 70
be retained in confinement, to fully for his offence
lie considered 1t his duty to the people OF Russell county
10 oppose this resolution.
The question was then put, and tho resolutions was
adop'd by ayes and stated in paper of Tues
day last.
we arc requested to state that MI Mosy absent when Tho
have voted in the negative. 80 ~
Tuesday, December 10.
message was received from the Senate stating tina
ihey had passed the bisto suspend first section OF
me ac &c concerning the inspection OF Tobacco passed
January 3D. 1882; and TO establish inspection of Tobac.