Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-02
HOUSE OF DELEGATES,
Friday, Jan. %.

damages, file pleas of seto, 80 as 10 authorize the
Courts TO award costs in favour of defendants should
they establish their pleas and that in all where
damages arc found for defendants, larger than the
PLAINTIFFS demand, to authorize Tie Courts to give
judgment for such excess and full costs TO the defend
ants
MIR. DoRMAN-That the Committee for Courts Of
Justice be instructed TO enquire into the expediency Of
authorizing the removal of causes depending IN the
Court of Appeals at Richmond, to the Court at Lew
sburg-where the parties or either of them interested
III such cause or causes, residing west OF the Blue
Ridge, shall elect to have such cause or re
moved.
MIR. BEvlys-That the Committee for Courts of JUS
tce enquire into the eSpediency Of prohibiting by law,
any Deputy Sheriff oft Commonwealth, during his
continuance in office, from holding performing the
duties of the office Of Constable and that they have
leave 10 report by bill or otherwise.
Mr.. SuirMAS-That the Committee for Courts of
Justice enquire into the necessity of explaining or mo-
dyng the 9TH and 18th sections of the act, entitled
TO reduce into act the several acts for rcguat
ing conveyances, and concerning wrongful alterations,
passed 2i,h Feb 1919, with leave TO report by bill or
otherwise.
Mr.. GRKooRY presented report OF the Board OF Di-
rpctors the Lunatc Asylum at Williamsburg, which
was laid upon The table, and ordered t. be printed.
The SPEAKER submitted communication from the
Governor transmitting statement of the condition of
the North Western Bank Of Virginia OH the first instant;
which,
On motion of Mr.. CRurcnrIELD, was laid upon the
table, and ordered to be printed.
Mr.. CHAPMAS submitted document to be used as
evidence in the contested election from the county Of
Louisa which was ordered to be- laid upon the table.
Mr.. GooDE, from the Committee OF Schools and Col.
leges, presented report which, on his motion, was
read as follows:
The Committee of Schools and Colleges have had
under d. ration much Of The petition Of the Pro-
fssora Of the Medical Department Of Hampden Sydney
College prays the appointment Of committee to exa
mine INTO the condition Of their institution, and recon-
me nd the adoption Of the foowin. resolutions
Resoicrd, That a committee of five members Of the
House Of Delegates be appointed by The Speaker 10
inquire the condition Of SAID institution, and make
report thereon 10 this House, embracing therein such
recommendations they think advisable
The said resolution agreed to, and the following
gentlemen announced as the committee in conformity
thereto, viz Mcssrs Robertson, Tolcr, Leyburn, War
and Mitchell.
On motion Of MIR. GoopE, the Committee of Schools
and Colleges was discharged from the consideration OF
the memorial Of the Professors of the Medical Depart
ment Of Hampton Sydney Collge, and the same was
ordered 10 be referred to Tie said Select Committee.
PETITIONS.
Mr. CoLEs-From George w. Allen, praying tor the
survey and location, 10y competent Eng ineer, Of
road from some point the Western base Of the Blue
Ridge, through iaynes Capt Charlottesville and also
praying for the Incorporation of company for making
said road.
Mr. GREGORY, according TO order, presented bill to
NEW COURT FOR CRY OF RICHMOND.
On motion of Mr. COLES. the hill creating Circuit
Superior Court of Chancery in the 2lst Judicial Cir
cult and for other purposes, with the proposition sub.
mtrd hy Mr.. Bayy TO commit the same, with insrnc.
tons to bring in bill transferring 10 the Judge Of
the 9TH Circuit the common law and criminal business
o. tic 2ls Circuit, was taken up.
motion was then made by Mr.. Coles to amend the
said proposition by substituting therefor the following
resolution
Rcsorcd, That the bill be recomnitted to the Com.
mtce for Courts Of Justice, with instructions TO in
quire into the existence of the alleged delay in the
proceedings in the 2lst Judicial Circuit, and into the
causes Of such delay, with power TO SAID committee TO
send for persons and papers, and that said committee
report this House such proceedings TO be adopted BY
may be proper i'll the premises
The question being put upon adopting the said
amendment, it determined in the negative.
Mr.. MAY demanded division Of the questionable
the House agreed 10 cemmt the said bill, and disagreed
to the Instructions aforesaid.
motion was then made by MIR. WoRrHIsGTos to
take up the following resolution, submitted by him on
the Goth inst
That the Committee for Courts Of Justice be in
struced to enquire into the alleged delay in the pro-
ccedings in tie Courts OF the 2s circuit, and into the
causes Of such delay, with leave TO said Committee to
send for persons aud papers, and that said Committee
report TO this House what proceedings should be adopted
in the premises.
Mr. RaTcLIrFE regarded the enquiry as calculated
to consume the time ofthc House, without producing
any result upon which Legislative action could be
taken 1.-The could shew this, he hazarded nothing in
the belief that gentlemen who wished to economic the
time Of the House would vote with him IN resisting
the enquiry. Suppose it should appear that the delay
had grown out Of the inaenton OF COUNSEL would any
gentleman upon that floor contend that they had the
bower 10 correct the evil and # not, why should they
consume The time of the House in useless Legislation:
If there was any weight in this objection, il would APP
nIy with equal force suitors and should their Com.
mttce send for them 10 give evidence as contemplated
By that resolution, they would very promptly and pro-
pprly tell them To mind their own business.
But if the object of the gentlemen was to reach the
Judge of that Circuit, it not obvious that great IN
Justice would be done TINT gentleman and at the same
time the Constitution, which they had sworn 10 sup
port he vnaled' lie would not undertake to give the
motive of the gentleman who offered the resolution,
but would leave the House TO determine that, by It's
terms and the manner in which It was offered lie
would saw however, that if his object was 10 lay the
ground of impeachment, he was proceeding IN an
unconstitutional way, and he hoped, therefore, the
House would arrest him. The Constitution provided,
tia, The Judge agains whom the Legislature was about
10 proceed should receive notice thereof, accompanied
with copy of tie alleged for his removal al
least twenty days before the day which either House
of the General Assembly should act thereon But Tins
resolution proposed an pdrte inquiry which, IN ms
estimation. was calculated to prejudice the rights o
party designed to lie accused, and not violation "i
the letter Of the Constitution, certainly against the
shirt For the above reasons therefore, he should vote
against the resolution, and he hoped the House would
sustain hun.
After some considerable debate, the motion to take up
and consider was carred-ayes 81, noes 90
The Speaker then decided that the resolution was out
Of ORDER tho House having rejected proposition sub
milted by the gentleman from Albemarle, which was
COPY rerletim 1t Ht,ratim Of the offered.
A motion then made 10 suspend the rule of the
House enable this resolution 10 be again brought
before the House; but rejected-ayes 4e, noes %
The question therefore stands recnmmited I"
the Committee of Courts Of Justice without lnstruc-
tons Of any kind
Mr.. LEE presented petition of John Ogden and
others, praying the passage Of act Incorporating the
town OF Shnslon, in the county oil Harrison.
LOUISA CASE
Mr.. CHAPMAN moved the following resolution:
Rrsoired That under all the circumstances attend
ing the contested election from the county of LOUISA
the same should be again submitted To the voters OF
said county, and that writ of election drecteo 70 ,e
sheriff of the county of Louisa ought TO DC awaIaee
to supply the vacancy eccasoned by the resignation
Joseph Lipscomb, Esq oe,ha
Mr.. CHAPMAN conte nded, that the first report OF the
Committee of Elections this case resolving 'iat
ought 10 be sent back the people was the True we"