Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1834-10-13
TIE GAMBLINGLAW

w Ham McElliLou, who was some week
since taken up IN Richmond under the gambling
a~, and required TO enter INTO recognlgauce for ms
good behaviour, md, failing to give bail, was in,
prisoned sued out WI, Of hatcas corpus, unon
which he was carried before Judge Abe p. Ur-
shur, one Of the Judges of the G. ncrat Court, on
the 29th uit The counsel for the prisoner OWN
Poore and Fl L. Brooke. Esqrs) founded their op
nlcaiion for his discharge chiefly upon the uncon-
si,u,ionall,y of he law for The suppression of gam
bling under which the prisoner had been convicted
| and committed TO jail. The Judge, af:er hearin.
argument, decided the law 10 be unconstitutional
md therefore void and ordered the prisoner 70 be
discharged Subsequently,, At the request Of one Of
the Justices who committed the prisoner, hc com
municstsd in the following note, the reasons 70.
his decision:
RICHMOND, Sept. och, 1884
DEER Sir Il take pleasure in complying with
your request, that would state in writing, the
grounds upon which discharged McEllIgou from
| custody, to day.
| The prisoner was committed under the 9TH sec
ton of The of Assembly of the 18Th day of Jan
uary, ISl9-C Rev Code, p. 5G3) The wurrant
| Of arrest was signed by yourself and another jus
ticc of the Peace but when the Prisoner was
broush hi up for examination, that other Justice was
not present. and third Justice united with you IN
! the warrant of commitment upon Inc failure OF
the Prisoner 10 discharge himself TO give securi
! ty, according 10 The provisions Of the Act THIS
supposed irrcgnIarity was relied on by one Of his
counsel, but did not decide the point, although |
deemed ii worthy Of consideration. | discharged
the Prisoner, not on the ground Of any inlormoHy
or other supposed improperly in the proceedings OF
the Justices but because considered the law under
which they acted unconstitutional, IN the following
respects
/. The warran. 10 arrest is authorized by the act,
upon The barc euSpici0n nj The Justices without re-
qurlng any evidence, OF any responsible accuser
Ii pnrtakes therefore, too uch Of the character and
nature of those general rarran'S, which are repro
baed alike by the general scheme and spirit Of our
institutions, and by the 10Th section Of the Bill OF
Rights.
2 Upon the appearance of the Prisorof in pur-
suan,c Of the warrant Of arrest, no evidence, rol
any further proceeding is necessary TO his conve-
/ ton. rs gull is assumed, and 1t is the duty OF
! the Justices TO commit him foja for twelve months
unless he rW eaeulpafc htmsnE or admitting him
self 10 be gully, gjuc security for eood beaari0ar
Is. This violates the rights guaranteed by the Bh
of Rights and Constitution TO every citizen, to bt
! furnished with tie charge against him, TO be cor
froned with his acc users and to be tried by Jury
! of his country.
/ Without entering into further detail, the above
are the general principles upon which my decision
was grounded Commenting the forbeafance o
the Justices, as show by their refusal 10 take hp-
on themselves the settlement Of grave consritu-
.onal question in .uch mode ard belief NJ there
ire, that they we're rghi il cxcculing pc iaS IN.