Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-01-13
vlRsINIA LEGISLATURE.
Wednesday, jim 10, ~.
ENIlSE OLE DEL EEArES
on of Mr. NrcoIscS,

Wtdncsday, jim 10, ~.
HOUSE OF DELEGATES.
On mot on of ale. NicoLscS,
Resoloed, That The Committee Claims inquire
into the propricty of allowing compensall"n 10 The
Sheriff Of nj thpws for the employ ment OF an a'dt on
al guard TO convey convict from said equity u the
Peni,en,iary.
Petitions presented and referred, viz BY MIR
DANIEL Of Richmond City, Ct Samuel L.t'btitge and
Others for m act Incorporating them as the Virginia
Society OF Surgeon Dentisis-By MIR. EDoisGros, oil
citizens Of Brooke county, for the establishment Of
separate election precinct al the store hous now occu
pied by Robert Y Hrrly, at Bethany-By MIR STAN.
TON, o. Jhn Cuppy ard many other cii'zens OF Brooke
county, for Terry across The Ohio rlver-By Mr.
CowAS, of ton Warder and others. for law to
reduce the tax on certain large tracts Of land in The
counties Of Russell and raze well-By Mr.. BRo@S oil
Cam be Of Douglass Pickett, for The rsfunding Of
line improperly collected Of him-By Mr. WADE, OF
Shepherd Brown, asking compensation Tor the loss OF
the services Of saye-By Mr.. MoRGAS, Of James G
West, to have refunded to him a sum of mnney-By
Mr. KEITH, certificate of the Clerk of the county OF
Alexandra, d. C., TO be used the petition of the
Fauquier o. Alexandra Turnpike Compony-By Mr.
DANIEL, Of Richmond City, of Henry Lud!am and
Others or an act OF incorporation tor the establishment
OF steam packets between Richmond and New York.
BY Mr.. WADE, of Robert Craig. demonstrating against
the petition of the justices of Pulaski county, asking
leave TO sell certain lot in the town of Nswbern-By
Mr.. MORGAN, rcmnnsirance Of George Ritanour and
a other citizens of Marion against the formation OF
county out OF pats of Harrison, Marion and Barbour
also, remonsttance of Z. Musgrase and 81 other
citizens Of Marion to the same effect
MIR. BocccK moved TO take up the resolutions OF
Carolina, IN relation to the assumption OF State dehts.
The usual course had been TO consider and print SINH
lar resolutions. He this House meant no dis
respect towards S. Carolina Mr.. B moved TO have
them printed
Mr.. GALLAHER discluimed the least disrespect to-
wards S Carolina The resolutions had been spread
upon the joa!nal-and had thus been fully LAID before
the House.
The resolutions were then ordered TO be printed.
Mr. ANDER.oS, from the Select Committee for the
investigation of the charges of Brooke and Marshall
against Judge Scott, presented report from sind COM
m,tee, asking instruct ons whether they should grant
the written request of NJ Brooke and A. Marshall.
to appear by counsel before the committee, to cnndue
the proceedings in their behalf against Judge Scott
"oerwise 10 decline the further pros: cuton o iher
memorial.
Mr. ANDERSON said, the Committee thought they had
no rghi u make any new arrangement lhey tiere
fore called upon the House, decide whether counsel
should, should not, be allowed the 'nemorialiss.
Mr. McCoM.s sad he should offer resolution
granting leave 10 the memoral.sS t, employ COUNSEL
10 have som, thing for The House II act on. But
before Mr. alcC. had prepared his resolution,
Mr. DANIEL oil Richmond City offered resolution,
declaring the prayer Of the memorolist unreasonable
nd that the Committee should 90 with lis lnvest
CATION sir D said tn Select Committee a
mere Committee of Enquiry, and not charged with ,he
trial of Judse Scott. The Committee did no! wish 10
hear counsel they did not consider il TO be their pro
vince 10 90 farther than an enquiry whether prima
fris case made out They had therefore referred
lhs matter TO The better judgment of the House.
Mr. DANIEL of Prince George moved to amend the re-
solution, to asc,re the prayer of the memoralists
.sreasonable" Mr. ID ctsd the Select Committee of
last Winter, who had allowed Robert l. Scott, Esq,
an able Lawyer appear before the Committee as the
counsel nj Judge Scott Mr.. ID thought NJ 7. Brooke,
aud A. J. Mathal, utterly incompetent, from want OF
legal information, 10 manage The case, and should be-
ao wed the poor privilege 10 appear ny counsel before
The Committee. The memoriallsts had given notice,
If their prayer not granted They should abandon
the prosecution. This would place the House III r.
dcul rs attitude, after the loss OF much time. Mr. u
accepted amendment of MIR. st 'phenson, allowing
the emoraiis.s to appear by counsel before the Com
mtee, which he fercd substitute for the rcsou-
ton OF MIR Daniel of Richmond City.
Mr. McCoM,, differed with the majority OF The COLI
m,,ee and thought counsel should be allowed TO the
memo.ialist Whatever name might be given to ii, Mr.
MEG thought the action of the committee amounted
to trial Mr. McC compared The high legal talents
of Judge Scot with The want of competent skill OF an
humble citizen, deputy clerk, vino had avnwed h'm
self utterly incompetent to manage the d'fhcut task
before him. Mr.. McC. protested against the injustice
OF refusing the small of counsel to humble in
divdua! and depicted The monslrous ef"c,s OF refu
sci Of this Hons. in similar cases Nj. MEG. sad that
the result Of the investigation of the COMMITTEE would
be the same, whether counsel be or be not allowed
MIR. DAyIgL Of r. &. said, the Camm;t.ee did no.
want the d of counsel They had already disposed
OF one charge; and it would be poor economy 10 re-
trace their steps, and TO reexamne the charge with
the aid Of counsel Mr. ID. would inform the gent'e
man from Prince George, that Judge Scott had ap
peared but twice before the Commute, and had ever
since abscntcd himself The meno;alIsls, there
Tore had TO contend with his superior mind and
high legal ability. Mr. ID. coaended that, upon the
argument Of the gentleman from Wytne, -s.e Housa
should at once vote impeachment, because one oil
the individuals humble and incompetent, and the
other was able and powerful The not be-
tween the memorial SITS and Judge Scot-but between
the Common wealth and the atter-the Comm tiee were
The counsel OF the country and would do justice
according 10 the evidence laid before them. One oil
The memoraiiss was in The opinion OF alr d. better
qualified from his acquaintance with The facts to pre-
sent the charges in strong point OF vie", than any
counsel, who would be compelled TO study this vo'u-
minous record IN order master the The Com.
mttee should not be delayed until counsel is emp 'yed
who can pre- pare himself {, manage the prosecution.
Mr.. TEBBs took the ground that, under The pecu ar
circumstances OF The case, was evident That the me
moral,s (MarshaD better qualified land SO he had
avowed) than other man. 10 conduct thus Prosecu-
ton and should not grant this unreasonable re-
quest brought in at the eleventh hour after the com
m,tlee had disposed Of one Of the most important
charges The memoralist should have made this
prayer at the beginning of the investigation 1t was
highly improper TO grant the request at this late day
after the committee had made considerable progress
Mr. T. thought i, inferable from the OF the me
moralss themselves that they regarded their cause ai
desnerate
Mr. DANIEL Of Prince George con,rasted the pre-
sent course of The gentleman from Richmond city w'tt
h 5 course last Winter, when be commended that both
parties should be fully heard Now orsooth, this is
nere prma tacic examination, and counsel should moi
be al owed Mr. d. referred to last Winter, when mos
Of the time Of The committee consumed by Judge
Scott and his COUNSEL All that the memoraIists now
ask, to have the fairly presented to the com
mtee and this small favor should not be refused In
reply TO The inference Of the gentleman from Loudoun
Mr.. ID. said that as member of the committee las
Winter, he (1r ID did not consider the cause Of The
memoralIs,s "desperate," and this he should ntenp
show, when the OF The committee came before
the House.
Mr.. McRAE moved to amend the resolution 81 rs t.
authorize the Committee 10 hear counsel on the part
the memorla!sts, If the Committee deem il essentla
10 fair ard full investigation Of the charges. Mr.
MGR. thought the Committee more competent, from
their situation, decide this question than the House
Mr. PEspLEToS of Giles and Mercer, thought the
House should confne itself 10 the general principle
whether the memoralisls should be allowed TO be heard
by without regard to the relative position o.
The partes their comparative abilities MIR T. thought