Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-07


substitute. -,
Mr.. uARPER'S motion was lost. .. !,
NIr RIyE.S moved to amend the SUBSTITUTE y
s.r;hino out the clause which authorizes rar'ss'
BY consent, to have jury OF seven
Mr.. RlrES' motion was ios,' n,;,,
Mr. MoSCUnE of ) said tho only essehli !,
difference brtWeen The Code ano "r
sON,S Substitute, was that the former au'I,.'
va. ,be comfy courts to pay iuries by levy Mr'
a. hsa M objection TO the substitute. bull some
..,,;.;ons were omitted frcm il, which ms con
s,;,uen,s and az he believed. the people Oh VIZ
s;nia were in favor Of, viz thai Inc juror
should be compensated for ;ho Time gwen 70 .n'
oubIic and the burihcn they have TO par ~" -.
81 wa, in favor of letting each county pay 10
own Jurors. The House had voted GOV" 'uo
PROPOSITION to pay the Jurors out al the tIeasu,,'
and MIR. NJ. should sustain the provision III 'no
Code. because il allows each county 70 pay i's
own Jurors. Mr. NJ pointed OUT the Para,ae' II ~
some respects between the Code anu MT. va "a
SONS substitute, and also the points VI oine'
ence between them Mr. NJ. owen upon .no
omission in MIR. WATSON'S substitute OF .he
wise provision Of the old law, requiring u I'm
partial, good and lawful men, 10 % su'nuonso ~
the FRS, day OF The term, 10 deciue on hiaue's y,
law and fact. MIR. NJ argued that for THIS ana
the other difference, the Code was preferable 10
the substitute Four or five Gays had oeen cou
sumed on this question, yet he verify oeiieVea
that, in spite OF all that has been saio agaihs, y,
the bill ia the Code is tho very oes jury OIL .na.
can pass the Legislature, though nc admitted 'na'
the amendments made by tho House had maze
the original bill less perfect lie hopeo ,.e
House would adhere 10 their advocacy OF 'n's
bill.
MIR WATSON maintained that there was no
value in the provision of tho present law re-
curing 81 men TO be summoned to the hrst cay
of tho term, for there is not one case IN nun.
dred whero jury is needed the hrst day. 4.
Tho gentleman insists upon this point 1t mght
EASILY be changed. Tho main objection 10 Inc
Code is tho provision that the whole "a Jurcrs
originally summoned are to remain during Inc
whole term, aud, by their associations, &c, they
will be in danger Of being Influenced Tor or
against particular parties This will AFFORD
dangerous opportunity. of tampering with them
and of inducing corruption and injustice MT
w. did not understand that the people had ask
ed tina. Jurors shall be paid-each branch OF the
Legislature had rejected provision ier COM
pensa,ing Jurors. The gentleman says The peo-
nile demand that Jurors be paid, yet he 10 for
leaving i, 10 the whim If the county courts, 10
mere chance. MIR. w. did not believe that one
county in twenty would pay jurors, and the pro-
vision be regarded as necessary Mr. W. asked
if gentlemen bad counted the cost OF paying
;urIes. The circui, courts sit about 1000 days,
and if we pay tho jurors 5 % per day, their
compensation will amount to $50 day or Sbo,-
OG0 year. 10 the county courts we are to have
iures not only at the quarterly bat the monthly
terms, and The expense of 24 jurors 10 some 5 or
6,0 courts would be enormous. He did not be-
lieye the people would submit 10 this imsnense
burthen ard tax. -.
MIR. LAYNE Of A. moved to amend the list
section Of the bill in the Code by striking out
tho provision requiring juror TO De qualified 10
vote for members Of the General Assembly -
Carried.
Mr.. SCOTT called attention 10 The old Law,
80 as 10 show that there was no force IN Inc cli-
cism by Mr.. MONCURE oi 5. OF MIR. Wats2n's
supsiitute-lhe latter following Inc language Of
the former
Mr.. nj. said that he had, 10 certain extent
misapprehenicd The old aw-but showed tnat IN
other respects there was difference between Inc
TWO.
Mr.. MAYO suggested that provision be in
cIuded recurring a Juror 10 be over 81 years vi
age.
Mr.. MONCURE of S. said that it was not ne
cessary-as by The common law juror was re-
ori,ed 10 BE- over 81 years OF age.
,ir. CONWAY called The ayes aud noes on
the melton 10 strike oul The chapter on Iuries.
Said motion vas rejected, ayes % noes 62.
Mr.. MAJOR Then moved the previons ques-
lion on The enerossllent oil The Dill, whlch was
sustained.
Nj. PITTS called the ayes and noes on The
cngrosement OF the fourth part OF The Code;
which was agreed 10 ayes SO nces s.
On motion Of Mr. RlVES leave OF absence
was granted Mr. GRIFFIN OF Southampton, for
me balance OF the session, who was called home
by The illness O. his mother and The appearance
OF he cholera in his family.
On motion u Mr. CONWAY The House took
I'D The Scaar's amendment 10 the I'd part ot The
Code, and acted On them in regular orde'; viz:
Isl. In regard 10 acts yacairg Justices CON-
mission. Agreed to.
81. Strikes out the S3i section Of chapter AZ,
and inserts substitute, Part OF which was
stricken on; on motion CT Mr. STOVAlL. Tn.
resi- of the Senaies amendment was agreed
10 as follows: "No growing crop OF any kind
not severed shall be liable 10 distress or levy, ex-
cep, Indian corn, which may be taken al any
time al er the 18th day OF October in any year F"
81. Strikes out The 35h secl:on OF chapter 49,
and inserts the foiIoTinc
"Slaves shall mol be disrained or levied upon,
when there are CHER goods and chaltels Of the
party, who ought 10 pay The money 10 be collect
ed, Sufficient Tor Inc purpose, which are shown 10
The officer and which i, is in his power to take;
end the officer shall, 10 no case, make an untea
sonable distress or levy
Mr.. HARRISON OF L.. and Mr.. SCOTT
opposed This amendment, a, calculated 10 afford
opportunities for the mos, grinding oppression by
A cap'ious or exacIiug credi!or-who might take
i,ha in thn
Mr.. RIVES sustained the amendment, as il
would be very unjust 10 deprive man Of the last
slave 10 wait on him.
Mr.. STOVALL, 10 remove the objections,
moved to inssr, after "upcn" The words "whou
The consent of the debtor" Mr.. s. showed he
Justice Of he provision.
Mr.. STROrHE2 thcuehi The old law, if We
strike gu! The limitation 10 ssh, would meet the
difficulty
Mr.. STOVALL'S amendment was agreed 10.
Mr.. YEaBY saw no reason why sancli,y
should be thrown around slave properly, and was
opposed 10 The Senstes proposition, even as
amended. MIR Y. referred TO The Inconvenience
which would arise 10 he sheriff in taking care 0!
and guarding cribs of corn, wLea. stacks, &c.
Mr. DORNAN thought he provision rot only
lust and ryotcr, bet humane, in preventing The
taking away negro from The masters family and
AS ocaes.
MIR SrOVALL further sustained The PROPOSE
'ion-as cacula,cj 10 prevent sheriff from IA.
king negroes ior Ike use n said sheriff, at.er The
Apsil and October executions.
Mr. SrROTtlER said all the objections Of
Mr.. Yerby would apply 10 ali laws on the sub
.ct. saves did no; stand on The same platform
as cher property.
Mr.. HARRISON of L., thought The amend
ment would improperly increase The liabilities o:
M sheriff We shoad retain The old law, ex-
il nairs the limit rcin ;s33 10 $50.
Mr.. WHirrLE said, originally The principle
was not oncsot humanity, bu! that of preventing
The officer fro n making an unreasonable dslres.
OF levy. Slaves were OF higher value than S33,
aud il was not rich. to .akc Them 10 the court
house for the debt. MIR. w. did no, think MIR.
Stoya'l's amendment would meet his Mr. S's]
objec;; viz: in inducing The securities 10 point
Out The properly OF the principal debtor
Mr.. SrKOTHER defended The proposition
against the criticisms OF OF Mr.. Harrison OF l.
Mr.. IRVING agreed With some Of the views
Of Mr.. Whitle. He wRs opposed 10 allowing The