Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-01-27
LEGISLATURE OF VIRGINIA.
FRIDAY, Jan. 23d, lS4o.
SENATE.

u.
On motion of MIR. SPARK, the bill changing
the time Of holding the County Court Oh ff1nce
George was taken up and passed: ~
The hill concerning the Free Schools IN NOT
fo,l, comfy came up, with an ameniment-
adopled. and the bill passed.
The bill 10 authorize The endorsing oil warrants,
with amendments, came up. The amendments
were agreed 10, and the bill passed.
The act authorizing the Committee on Finance
TO appoint separate CleIk-passed.
MIR BAPTIST was deputed 10 inform the
House OF The passage OF the bill.
An Act authorizing jailoIs 10 require security
for their fees-passed
An Act changing the punishment OF free ne
grces and muattoes for certain offences-passed.
An Act concerning the punishment OF free
negroes aud Dula,tces in certain cases-passed.
On motion Of Mr.. GARRETT, the Senate ad-
jourDed.
HOUSE OF DELEGATES.
The report OF The Committee for Courts Of
Justice ADVERSE 10 The petition Of citizens OF Pen
dlson county, praying that Elem a free woman
OF c,!oF, may be permitted 10 remain in the Com
wealth. was taken up on motion ci Mr.. BINER.
and agreed 10 by the House unsuccessful mo
ton having been made BY Mr.. HINER 10 amend
the same so 10 reverse the decision Of The COM
m!tcc.
The repor, was opposed by Mr.. llNER and
i
VAIL
The following bills were presented:
Concerning Melville Talbot OF Lynchburs;
Refunding TO Humphrey B. Powell trustee for
Sarah n. Gibson, certain monies enormously paid
into the treasury;
To amend The act, entitled Dan &c, establishing
nm inspection oil tobacco on the land Of Edward
w Sims in the town OF Ca Ira in the county OF
Cumberland;
Establishing an inspection OF tobacco on the
land of William Fl. Macarland and Moncutc
Robinson, near the Richmond and Petersburg
Railroad depo, in the CITY OF Richmond;
Extending The Jurisdiction of Justices Of the
Peace;
For promoting and improving The agriculture
OF the State.
The following bills were passed
Authorizing the Musings Cour; Of the City Of
Richmond 10 increase The allowance 10 their jaior
for the support of prisoners;
To incorporate the Mechanics Company Of
Richmond
Authorizing separate election al White
Stone in The comfy Of Lancaster
To incorporate the Powhatan Manufacturing
Company;
To establish an inspection Of tobacco al
Howartsyille in the county Of Abemare.
A bill concerning Lieutenant Edward S. Gay
Of he Public Guard, was read third time; and
wished TO hear from The patron OF this bill the req
son Tor lis passage He stated that a bill for this
yer, purpose had been before the House last SEES
SIGN, and was rejected. The facts Of the case, as
ne understood them, were simply that tight had
taken place between two of the Officers OF the
Pubc Guard in the presence OF the men,
Court Martial was called, the circumstances iul-
Is Investigated, and fine imposed upon each OF
The officers, and their duties suspended. Was 1t
prorer, amer the trial of military officer for
breach Of military discipline, by tribunal OF his
peers after The expenditure OF four or h"e hun
drel tolars in the trial. 10 inlerpose The authority
OF Ire Legislature FOR The purpose Of reversing
lis decision. Must this House be converted into
a CcuI, Of Appeais2
Mr.. GRESHAM said, This case bad been de-
cidel upon IS Inc court martial, after trial nine
DAYS in duration, full examination OF The cir
cums:ances and an elaborate argument from the
counsel OF the accused The court had decided
unanimously in favor Of suspending The officers
from rank and pay for three months. An appeal
had been made 20 the Governor and Council, and
rejected Should the appeal now be received with
favor b. The House There was less propriety
In reversing the decisions Of military than
civil tribunal IL was very important 10 preserve
unimpaired the laws enforcing the observance OF
military discipline.
Mr.. LEAKE regretted the absence oflhe chair
man Of lhe committee which had reported this bill.
He would stale few reasons for The passage Of
the bill. II was rejected last session, because il
had been introduced at 50 late day thatihe rea-
sons could not be given Tor lis passage. II The
House would examine into the merits Of this APP
pication, they would he satisfied that The amount
withheld from Lieut.. Gay should be paid 10 him.
He had examined the entire record Of the court
martial and found the following material facts.
In 1888 Lieut.. Cav was engaged in the discharge
Of his duties, and being the acting officer on duty
with portion OF the Guard in attendance, was
accosted BY Lieut. Brown, his superior officer,
but moi on duty, in relation 10 private matter
Lieut.. Brown wished 10 trespass by the erection
OF fence upon portion of the ground within
the garrison, which had been assigned TO Lieut.
Gay by The commanding officer. In reply 10
remark made by Lieut. Brown. Lieut.. Gay said
that The ground had been given 10 him by his su-
peTio' officer and that no one else had any con-
Wo!over il. Lieut.. Brown not hearing well, mis-
un'ststood he remark and flew into a violent
passion raiSed his stick and called him damned
mar when examined on oath Lieut. Gay said
that he had net first insul,ed Lieut.. Brown, ques-
tionlne his veraciiy. Lieut.. Brown testihed that
IL had been grossly insuted in loud tone. The
guard who were disinieres,ed witnesses testified
that ,hey had not heard any such expression from
him The court did not find Lieut. Gay gnilty
for haring used the insulting expression, but be-
cause he struck his superior officer when insulIed
cen>ure him for The breach OF discipline. was il
right. under the circumstances, TO deprive him of
his pay2 Would Lieui. Gay have been regarded
as an officer worthy Of his station il n had per-
mi'ed such an insult to pass unnoiiced? be had
family DEFENDANT npon his pay fortheir support,
and ii was not right he should thus be punished
for he exhibition OF becoming spirit. The re-
cord also shows that Lieut. Brown manifested
disposition 10 provoke quarrel The State
nj ipnt ~ mfr h,-1t
es, while those Of Lieut. Brown were contra
diced. He should MOI be punished for having act
ed as every brave man would have done under
similar circumstances.
MI. GRESHAM thought the only question
was, whether this House or The court martial
was The proper tribunal to decide as TO the pro-
prieiy Of the imposition Of the fine He could
show from The record, Ina, Lieut. Gay admitted
that ne had said TO Lieut. Brown, that he had told
an un'ruih. There was an hiatus in the evil
denee OF Lieut.. GAY. This House has propery
nothing 10 DO with this subject
Mr.. COWAN was a member OF The Commit.
zee, and had examined the record of The trial.
~ mere appeared that Lieut. Gay had merely
sdia 10 Lieut.. Brown, that he was laboring under
nisapp!ehenson. The later immediate call
ca MN damned liar. Wond any man submit
70 such an insult? He presumed that this House
would not sanction such code OF honor
Mr.. SCOTT did moi approve of the in,roduc.
,on OF inc record OF the Court Martial into this
discussion !, was mol proper for this House 10
iesise lne sentence of the Court, which was The
on.g proper tribunal. The bill does not propose
interfere with this decision. 1t does moi reflect
upon me members composing the Court or upnn
Meif Judgment, II merely declares that The fine
;aaa De RENTED, not because il was improperly
mioseo put IN consideration of The subsequent
tooo conduct OF The officer which had atoped for
m ms OneT me- tie could snot discover in what
conls ,snd ~ remission OF The fine for such reasons
Stale Sbou I ,p4 The military discipline cfhe
could no, be ao nns po t, declare that an offence
would rather sanction The pnc;nls w l,s ''.y
qurea that justice should be tempersa m ~;,s &c
81 was il right that poor officer w w,h .' Sa
psnaant family should be deprived Of bs n,~ h he
osase ne was unavoidably forced into br pas De
millary discipline The nreamhla o. OF