Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-12-09

the votes challenged exceeded four hundred
1t was not practicable for the sitting member
to take his testimony in season for the com
meucement of this session. A notice Given
by him after the a9th of September, would
not have been deemed reasonable for an ear
lier day than the 10sh of October, nor would
1t have been allowed in him to call the pc
titioner from his own examinations, which
were to continue until after the 22d of Octo-
Der, 1t is not possible to conceive that the
sitting member could procure his evidence.
allowing him time before the first day of the
session TO travel othe seat of government,
The committee, in addition to the facts al
ready stated, report, thatit appears to them
that on the 29th day of April last, being the
day OF the canvass the. petitioner procured
| the certificates, under oath, of two of the
sherifs and two of the deputy sheriffs who
attended to compare the polls, that If an e.
tnalty OF votes had appeared, they would
have voted for the petitioner, which certif-
cate was transmitted by the magistrate, be-
| fore whom it was attested. to the clerk of this
House, at the request of Mr.. 'raliaferro, to
be retained until called for by him.
This, the petitioner alleges. ought to be
regarded as the commencement of his tes-
timony, and he contends that il not only adj
vertised the sitting member that his seat
"Outi DS SohtCotCG, Oul ludNC IL necessary
for him forthwith, aud without farther no.
tice or act on the part of the petitioner, to
proceed TO his examinations. The commit
tee, however, having nothing before them
which goes to shew distinctly the object of
the petitioner in procuring the certificate,
nor can they, in any point of view, consider
it as such prelude to the scrutiny as to re-
quire from the sitting member that he should
proceed to his canvass. Nsk
The committee, therefore, upon view of
all the circumstances of the case; arc of o.
pinion that further time ought to be granted
to the sitting member to procure testimony,
and they accordingly submit she following
resolution;
Resolved, That reasonable time be al
lowed to John p. Hungerford, member of
this House, to procure testimony relative to
his election, and that the committee of cleo
to make order for such examinations in the
case of the said election.
After further debate
The question on concurring with the COM
rnittec of elections in their said report, was
determined as follows:
YEAS-Messrs.s Bacon, Baker, Bibb, Bige.
low, Brigham, Chittenden, Clopton, Davenport.
Ely, Emott, Findley, Fitch, .Goldsborough, b.
Hall, 0. Hall, Halves, Jackson, Key, Law, Liv-
ingston, Macon, Mt ryde, MCoy, M'Kee, Met
calf, Minor, Moseley, Newbeld, Pickens, Pit
Kin, Peasants, Potter, Quincy, Randolph. Reed,
Ridgcley, Sewer, Seybert, Stewart, Sturges,
raggArt, Tallmadge, Wheaton, White, Will
ans and Wilson--5o. fiA e
.NAYS-Messrs. Aston, Anderson, Archer,
Avery, Bard, Bartlett, Bassett, Blackledge,
Biount, Boyd, Brown, Burwell, Butler, Calhoun,
Cheves, Condit, Crawford, Davis, Dawson, De-
sha, Earle, Fisk, Franklin, Gholson, Goodwin,
Green, Grundy, Harper, Hufty, Hyneinan, John
son, Kent, King, Lacock, Little, Lowndes, LYLE.
Maxwell, Moore, M'Kim, Mitchill, Morgan,
Nelson, New, Newton, Ormsby, Piper, Pond,
Ringgod, Rhea, Roane, Roberts, Sage, Sesver,
Shaw, G. Smith, Stanford, Stow, Strong, Turner
Van Cortlandt, Whitehill, Widgcry, Wlnn and
Wright-65.
So the House refused to concur with the
committee of Elections.
A motion was made by Mr.. Randolph to re-
commit the report to the committee ofElections,
with power TO send for persons and papers
The motion was negatived-Yeas so, Nays So
motion was then made by Mr.. Gfolson that
the House do come to the following resoluti-
ons:
l. Resolved, That John p. Hungerford is not
entitled to seat in this House.
O. Res0tUea, That John Taiiafcrro ia entitled
to seat in this House.
The question on the first resolution was dcci-
ded by Yeas and Rays, as follows
YEAS-Mcssrs. Aston, Anderson, Archer,
Avery Bacon, Bard, Bartlett, Bassett, Black
ledge, Blount, Boyd, Brown, Burwcll, Butler,
Calhoun, Cheves, Condit, Crawford, Davis, Daw.
son, Desha, Earle, Fisk, Franklin, Gholson,
Goodwin, Green, Grundy, Hufty, Hyneman,
Johnson, Kent, King, Lacock, Little, Lowndes,
Lyle, Maxwell, Moore, M'Kini, Mnchill, Nor
gan, Nelson, New, Newbold, Newton, Ormsby,
Pickens, Piper, Pond, Ringold, Rhea, Roane
Roberts, Sage, Seavcr, Shaw, G. Smith, Stanford
Stow, Strong, Turner, Van Cor:landt, White
hill, Widgery, Vim and WriGht-67.
NAYS-Messrs. Bib, Bigelow, Brigham,
Clopton, Davenport, Ely, Emott, Fitch, b. Hall
Halves, Law, Livingston, Macon, Moseley, Pit.
kin, Peasants, Porter, Potter, Quincy, Ran
dolph, Reed, Seybert, Stewart, Sturges, Tall.
madge, Wheaton, White, Williams and Wilson
%
The question onthe second resolution was de
cidcd as follows
YEAS-Mcssrs. Aston, Anderson, Archer.
| Avery, Bacon, Bard, Bassett, Biackledpe,
Blount, Boyd, Brown, Burweli, Butler, Calhoun.
Cbeves, Condit, Crawford, Davis, Dawson. De.
sha, Earle, Fisk, Franklin, ClIoison, Goodwin,
Green, Grundy, Hufty, Hynemsn, johnson, Kent,
King, Lacock. Little, Lowndes. Lyle, Maxwell,
Moore, M'kim, Mitchell, Morgan, Nelson,
| New. Ncwbold, Newton, Ormsby, Pickens, ri.
| per, Pond, RinggoId, Rhea, Roane, Robert 5.
Sage, Sesver, Shaw, G, Smith, stanford, STOW.
Strong, Turner, Van Cortandt, Whitchill, Wild
| gerry, VIM & Wfight-66
| NAYS-Mcssrs. Bibb, Brigham, CloDton. H.
Hall. Hnwez. In.v. I ivtp rsfo. NJ, 1r...f..