Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-14

Inc attorney are arduous aud they should be
paid.
MIR FERGUSON saw no reason why Arror.
neys in Circuit Cour shoald be placed on higher
ground than Attorneys in County Court The
latter, said Mr. + had mote trouble and labor
Than The Attorneys in The Circuit Court.
| Mr. FUGATE'S amendment was agreed TO-
Chapter 2ll. General provisions rs 10 pro-
ceedings in criminal cases.
Chapter2l2 proceedings against negroes.
! Mr.. THOMAS moved TO amend the 81 sec.
ton, so as TO provide that the magistrate who
committed or recognized the accused shall not
sill on The trial Of negroes charged tefore coun.
" or corporation court, acting as court of oyer
! andt miner.
On motion of Mr.. MONCURE OF s. see:ion
was amended, so as 10 provide for The az .er-
'ainins Inc value oil slave sentenced 10 sale
and transportation. as Well as a slave conde mn.
ed and executed, or reprieved for sale ana trans
| poraIion.
| Title So. Penitentiary.
Chapter 2l3. OF the organization, govern
ment and discipline of The penitentiary
/ Mr. MONCURE Of ). said there was no legal
provision for the confinement in the penitentiary
oil United States pri. onors, though they had been
confined there-attempts had been made 10 re-
lease such prisoners by hateas corpus, on this
ground Mr.. NJ. moved, therefore, TO amend
the Isl sect, accordingly.
Mr.. LACY suggested that this would enable
the United States Courts 10 send our slaves to
the pen Tertiary. slave had been tried in
Richmond for To5bing the mail
The amendment was agreed 10.
Mr.. BOISSEAU moved 10 amend the 18th
section by striking out The clause requiring per.
sons visiting the penieutiary, BY perni, Of the
Governor, to pay 10 the superintendent a fee of
Is cents. Agreed TO without dissenting voice.
Chapter 2l4. OF crimes by convicts
Chapter 2l5 land last) Of proceedings in
criminal cases against conyics.
Mr.. MONCURE Of S. moved TO amend the
I'd section, so as 10 restore the present law, viz:
TO require the superintendent TO give infOrma>
ton, without delay, 10 The circuit court Of Hen
rico when person. convicted and sentenced 10
the penitcntary, is received therein, if he was
beiure sentenced like punishment, even
though it be not alleged in the Indictment that
he was sentenced before. Carried.
MIR. THOMAS moved TO amend tho 9th and
last section, so as TO prevent negroes in the pen.
Tertiary from being competent witnesses against
white conycts for offences committed in the
penitenliaTy.
Mr.. CONWAY said That white convcts in tho
pcnilentiary stood on no better footing than
slaves, and that The law should not be changed.
MIR. THoMAS-Very we'll, il the trial is had
in the penilen,iary; bu. the trial takes place in
court, aud the practice is abhorrent to Sou bern
feelings
Mr. SCOTT showed that this provision bad
been found very valuable and should not be re-
pealed
MIR MoNCURE of s said !ha, all the con
| yicls had made themselves infamous, and that
xta n0l,t tro atyot
blacks. Otherwise, the most aagIant crimes,
such as numbering superintendent or keeper,
&c., may go unpublished. From the necessity
of the case, we should adopt the provision.
MIR THOMAS opposed the section, as break
ing down the rules Of evidence which we had
adopted.
Mr. CONWAY. The same public policy
which makes conyicts witnesses, should make
blacks witnesses. MIR. e. referred TO enormous
crimes which might Otherwise be committed
with impunity.
MIR RiVES protested against NEGRO evidence
in this or any other case. Many while men
may be sent 10 The penitentiary, who are honest,
and J let, in consequence of The heat and passion
Of the moment, they may be sent 10 The peni
Tertiary. Is 1t right, then, 10 make a negro,
convicted Of stealing, a competent witness
against such white MANI
Mr. THOMSON of j., gave an anecdule OF
| Tom Kirk, free negro, who said he liked The
poor house, because there was mo slinclion OF
color between white men and blacks He (Mr
IT, did moi like this state Of things in the peni
Tertiary OF elsewhere. lie would oppose every
scheme Il make blacks witnesses against whites
any where.
MIR THOMAS amendment was agreed TO-
| MIR FERGUSON said that, as we had made
examining courts final. we should amend the 9Th
section, So as TO prov 10 that person shall tie
discharged from examination By an examining
court, if the continuance beyond the third re-
sular term te lot caused BY reason Of the wit
nesses for the commonwealth being eniiced or
kept away. or prevented from attending By sick
ness or some inevitable accident Agreed TO-
Mr.. THOMSON of ]. moved 10 idd in
Chapter 1871, after The section on robbery" a
new section, making it an i, diclabe offence for
any one 10 take more than six per cent interest
iJr The use OF money o. by any shii, or device
in the sale oil mortgage Of propeuy-lhe amount
or properly also 10 b. forfeited 10 the Literary
fufd Mr.. T al great length, assail,d the usu.
rers, VINO he regard d as bad as gamblers tie chal
lensod all The trieci; ot usurers on the liooI wac
had shIunk from III. fight alter lhro ing dowh the
glove 10 answer his argument. He Mr.. I. called
The ayes and noes, and his amendment was lost,
ayes 7, noes 6o
On motion Of Mr.. MAYO the House adjourn
| cd
The House to d,y went through the Criminal
Code, al i Would have completed il entirely, but
Tor a long nonily pre- lchtd against the ReYisors
The Press, The usurers, &C., by Mr.. Thomson OF
Jefferson. A few amendments are vel TO be or
fered 10 This, the 5th part, and the work will be
d ne tomorrow The Senate went over great
portion OF part io-lay-but cannot say wlea
they i'll complete il. w. F. K.
F4uoulgR SPRINGS, WEDNESDAY, AUGUST 8, 1919.
SENATE.
On motion of Mr. THOMPSON, the report OF
the committee OF Conference on amendments,
10 part 81 OF Cod, was taken up and agreed IL k.
Parl Alb was then taken up Tor consideration.
Chap,er lS4-Sec. 81. was ameLd ID on motion
OF Mr. WITCHER, in regard 10 the Collection oil
Clerks lees.
On motion of Mir WiTCHER, section IL was
amended by Inserting "and The witnesses" 10 De
| summoned by the coroner.
Ga motion Of Mr. CARLII.E, section 80 was
ameLd d, so as 10 give ten cents per mile Tor go
ing ard returning, in conveying convicIs 10 The
Pcnientary.
The bill having been gone through on The first
reading. was read the second Time, and put upon
The lhid reading.
vi WUtlUu vi wi 4 Lin ouaP-St io'i SSS.
1, was ameId d so as 10 insert after The word
"Caycat" "plcas ii the Commonwealth, as cog
niziole only at quarterly terms OF county or
corporation court
On motion Of MIR STANARD. same section
vas amend d so as TO exempt Richmond ffoSa
The operation u This 4h section.
Mr. CARLlLE moved turtle! 10 amend the
same section, so as 10 exempt The counties OF
Barbour, Mononsais, Marion and Prestcn.-
| Lost.
On motion ot Mr. TYLER, same section was
amend d so as To provide that motions" autno-
ristd under section 5, chapter I67, shall only be
cosnizable al quarterly term.
MI KINNEY moved 10 amend chapter lbi,
section 8, on he new proceedings by notice and
motion, So as 10 require the return OF The notice
with The evidence upan which the claim is found
Ell 10 The clerks Office 30 days before The day Gu
which judgment is 10 b. moved Tor; all noilces 10
be docIelet by The clerk in the order in which
they are returned; which was adopted
On motion OF Mr. TYLER, chapter l62 sec C..