Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-04-28
TCOPY OF LETTER TO C. B. baldwin,
March X 1885

RICHMOND, Marcn 10, 1000
Hon. John B. Bald,cin, Speaker Of House Of
Delegates
DEAR SIR address you on a subject as impor-
tant it is delicate. respectfully call your serious
consideration TO the matter, and reply at your
earliest convenience; SO considered and written as
to be made public, if need be.
NY opinion as n lawyer, and my conviction as q
Senator, is that the bill allowing eight per cent. in
terest by contract is ialc and cannot be re-
pealed, modified or altered but by future iegisla-
ton.
The printed journal of the Senate, page 245, reads
as follows:
A communication from the House of Delegates,
by their Clerk, reads as follows: In House of Dele
gates February 81 1866: The House of Delegates
have rejected Senate bill entitled an act to amend
and re-enact the 4h section of chapter l4l of the
Code of Virginia edition Of 1860 No. q" ~
Page 27S of same journal, reads as follows: A
communication from the House of Delegates by
their Clerk, was read rs follows: In House OF Dele
gates, February o. 1866: The House of Delegates
have passed Senate bill entitled an act TO amend
and re-enact the 4th section of chapter l4l of the
Code of Virginia edition of 1860 No %.
This communication of the action of the House
to the Senate placed the bill beyond the reach Of
the House irifhOut the cORcRrriag lGiH Of the
Senate, By formal resolution, requesting the
return of the bill. After the action of the House.
definite, final and unqualified, the Dill ic0S talC.-
But until this action of the House was, in regular
way, under the rules communicated to the Senate,
under its iriH. But after such communication,
made in the regular way, the bill passed, as a mat
ter Of right from the control Of the House, and icaS
necessarily under the control Of the Senate. This
completed all Legislative action, as on an eriStng
laIc.
If you will examine Senate journal for 1858 and
1854, page 10, you will find this principle definitely
considered and finally settled by the most delibe-
rate action Of the Senate. II is true that on the
9th of February the House rejected this bill.
Senate journal, page 2S3: A communication
from the House of Delegates, by their Clerk, was
read as follows"
'In House of Delegates, February 81, 1856: The
House Of Delegates have rejected Senate bill emit
tied an act to amend and reenact the 4h section Of
chapter l4l of the Code of Virginia edition Of
1860 No. -"
This is the whole history of this bill maintain
that this last action of the House a nudity. The
journal of the House will show that this bill was
passed by n suspension of the rules. Its passage
was regularly communicated to the Senate. This
communication, in my opinion, necessarily took the
bill ont of the legitimate jurisdiction of the House.
1t was a law the moment it passed; but until com
Tunicdted to the Senate, it under the control of
the House. After that communication, it was be-
yond the reach of the House, and not even under
the control of the Senate See precedent above re-
feIred TO. Journal of Senate lS5S-'54.
Please let me hear from you at your earliest con-
venience
Very truly, yours, &C.,
i II GuMER