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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 146   View pdf image (33K)
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88            VOTES and PROCEEDINGS, November, 1796.

P    O    S    T        M    E    R    I    D    I    E    M.

    The house met.
    On motion, ORDERED That the bill to repeal the thirty-seventh section of the constitution and
form of government of this state, so far as the same relates to any senator or delegate of assembly,
have a second reading to-morrow.
    The following message being prepared, was sent to the senate, with the resolution in favour of
John Smith Brookes, by the clerk.

By the HOUSE of DELEGATES, December 22, 1796.
        GENTLEMEN,
    We return you the resolution in favour of John Smith Brookes, and hope that upon reconsideration
it will meet with your concurrence.  We conceive that the situation of the state, in point of finance,
does not demand a rigorous collection of the whole principal sum now due; and as stated in his petition,
his liability at this time to immediate execution, which may involve him in ruin, appears to us to
deserve our compassionate interference.  The releasing him from this situation operated with us in
passing the resolution in his favour, and is a principal inducement in requesting your consideration.
                                                            By order,                                    W.  HARWOOD, clk.
    The bill to authorise and empower the levy court of Dorchester county to assess and levy a sum
of money for the purpose therein mentioned was read the second time and passed.
    The report on the petition of Philip Casson was read the second time, and the resolution therein
contained assented to.
    Mr. Nicholson, from the committee, brings in and delivers to the speaker the following report:
    THE committee to whom was referred the petition of Edward Tarbutton, of Queen-Anne's
county, beg leave to report, that upon inquiry they find, that the said Edward Tarbutton was committed 
to Queen-Anne's county gaol at the last November court for a fine imposed upon conviction
for an assault and battery, which, with the costs attending the indictment, amount to the sum mentioned
in his petition.  Your committee report, that from the best information they have, the offence
was by no means atrocious, but that the costs, from teh number of witnesses attending, was extremely
high; that the petitioner is in extreme indigent circumstances, of peaceable and quiet behaviour,
and can never free himself from the rigours of confinement without the intervention of the
legislature.  The committee therefore think he ought to be relieved, and submit the following
resolution:
    RESOLVED, That the fine imposed upon Edward Tarbutton, of Queen-Anne's county, by the
county court at the last November term, upon an indictment for an assault and battery, and the
costs accruing in consequence thereof, be and the same are hereby remitted; and the sheriff of
Queen-Anne's county is hereby empowered and directed to release the said Edward Tarbutton from
all confinement imposed in consequence of the aforesaid fine and costs.
    All which is submitted to the house.
                                                            By order,                                    Z.  HUGHES, clk.
Which was read.
    Mr. Key, from the committee, brings in and delivers to the speaker a bill, entitled, A supplement
to an act to establish salaries for the chancellor and the judges; which was read the first time and
ordered to lie on the table.
    Mr. Key, from the joint committee, brings in and delivers to the speaker the following report:
    THE joint committee of both house, to whom were referred the amendments proposed to be
made to the government of the United States by the legislature of Virginia in December last, have
had them under consideration for some time, and cannot recommend their adoption for the following 
reasons.
    Should the first amendment be ratified by the legislature of nine states, no treaty of the least
consequence could be made as now authorised, without the sanction of a majority of the house of
representatives; thus would that house be let into a participation of a part of the executive power,
which has been exclusively vested in the president and senate, as fitter for the transacting such business,
and concluding treaties; for the senate being a smaller and more select body, it is presumable will be
less liable to the influence of party, and therefore treaties will probably be investigated in that house
with greater accuracy, and with more temper and judgment, than in the other; nor was this the
only reason for giving to the senate a share of the treaty-making power; all the states being equally
represented in the senate, it was considered that this equality of suffrage, coupled with the control
over treaties, would reconcile the smaller states to the preponderancy which the larger possess in the
other branch.  But the president and senate may be corrupted, and sacrifice their country to a foreign
interest.  Are the president and senate more likely to be corrupted than the representatives?  Few,
compared to these, a greater responsibility attaches to their characters and conduct; guilt, divided
among many, seems to lessen, and becomes almost imperceptible in each individual, sheltering and
countenancing himself under the authority of numbers.  Large popular assemblies, in their public
proceedings, have been unfeelingly guilty of crimes, from the commission of which each individual,
standing alone, or supported by few, would have shrunk with horror.  we may reasonably conclude,
that the state legislatures will, in general, elect into the senate men of good sense, information and
integrity; if they do not, they will either want discernment or honesty, or be actuated by party.
Admitting that in particular districts, nay, that in whole states, a party spirit may at times prevail,
the delusion, it is to be hoped, will not continue long, and if it should, its spread through the greater
portion of the union is quite improbable.  If the state legislatures want discernment or honesty, can
their constituents be discerning and honest?  corrupt, indeed, must that people be, and degraded

 
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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 146   View pdf image (33K)
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