Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1821-12-22

81
ence, as far as it is supposed would
be desired, is herewith transmitted.
l have the honor to be, your most
obedient servant,
Til. NJ. RANDOLPH.
The Hon the Speaker cfthe}
House Of Delegates.
On Mr. Sberrard's motion the said letter
and its accompanying documents were laid
the. upon table, and ordered to be inserted in
the Journal.
On motion of Mr.. Page, the C. for C. of JUS
tice were instructed to take into consideration
the proprlety oe repeating the law limiting to
three years the prosecution OF perjury, subor.
nation Of perjury, aud such forgeries and pub.
locations thereof IS are not punishable with
death in the penitentlary. i'll all cases where the
defendant absconds, evades the process of the
law, or removes out of the Commonwealth.
A petition was received from VIM. Dabney
and others, who constituted the Jury in the
General Court, 10 try the cause between the
Commonwealth and Preston praying The le-
gislature to grant them such per dem allow.
ance, as a compensation for their services, as
may seem just, reasonable and proper.
Il Thursday, Dec Is.
Mr. Bowyer from the c. of p. and G. pre-.
scented a resolution rejecting petition from
the 9th Chancery District for levy on the Sc
veral counties of the sum of Sl09, for the pur-
pose OF procuring a more commodious court
room, which was laid on the table. ..r
Mr.. Crump of Cumberland presented the
following Report. L. 80 Z,
tfrhe Committee Of Eiuancs have,
according TO order, had under eonside-
ration the subject Of reducing the pay
and mileage of the members ef the
General Assembly, aud of all the Off
GERS of the government whose salaries
can be constitutioually reduced, and
beg leave TO report the following reso.
iutions and bill, as the result of their
deliberations thereon.
; i"Resolred, as the opinion Of this COM
mittee, that it is expedieut to reduce
the pay aud mileage of the members of
the General Assembly 10 the rates all
lowed previous to the late increase.
"ResolJed also, as the opinion Of this
committee, that it is not expedient to re-
duce the pay of such other officers OF
government whose salaries can be con-
stitutionaiI. reduced"
Upon MIR. Leccis's motion, the LIST resolu.
ton was laid on the table. ayes IS, nays 81.
Mr.. EPPs then moved to lay the Cd resoiu-
ton on the table, upon the ground that bosh
should be disposed of together Carried.
A memorial was presented from John
kemper, freeholder and resident Of the
county of Fauquier, representing that the e.
lection of Epps Hunton, one Of the sitting
members, was unconstitutional and void: be-
cause at the time Of the election, the said
Hunton was brigade major of the 5th Bri-
gade OF Militia, and therefore not eligible as
member of the General Assembly. Mr..
X. prays writ Of election to supply the Va.
csncy thereby occasioned.
Mr.. Hunton said he rose merely to make
statement of facts. He acknowledged that
at the time of his election he was Brigade
Inspector of the 9Th Brigade, and that since
that time, he has scted as such and received
pay. He was advised that the question would
he made, and after mature reflection and OK.
animation bad considered himself entitled to
his seat. He had been called on by the peo-
pie OF his county, to become their candidate,
and had obeyrd the call, and in November
last, had resigned the appointment Of Bri
gade Major.-He said il was not becoming
In him to discuss the constitu!ionality of the
question; but hoped the house would take up
and decide it Immediately. If they should
declare his seat vacated, his discharge would
at any rate, be an honorable one.
Upon motion, the memorial was referred
to The committe of the whole, and the House
accordingly resolved itself into committee
OF the whole; Mr. Minor in the chair.
The memorial of John Kemper being Ia.
ken up, Mr.. Barbour submitted resolution,
that admitting the truth of the facts Get forth
IN the memorial, there was no ineligiSiiity on
the part OF Major Hunton, and rejecting the
memorial. Mr.. Edmunds called for the
reading OF The constitutional provision on the
subject.
Mr.. Barbour's resolution was adopted, and
the committee rose, and reported to the
house
Mr.. Blackburn, supported by Mr.. r. Nor
TiS, moved to lay the resolution on the table.
They wished time to examine the subject
Carried.
Friday, December I4.-UPon motion, the
house took up the resolution of the commit.
tee of the whole On the memorial of Jno
kemPer.
MIR. Minor offered an amendment to the
restitution; declaring Major Hunton ineIigi-
Bile, as being excluded under he 18th eection
of the constitution. Mr. NJ. said that having
entertained doubts Of the subjec', he had bes
towed upon it matUre investigation, the
result OF which was conviction of the pro
priety OF the amendment which he offered -
He admitted that the question was consIi-
tutIonal one Of some Importance touching
the rights of the house. He read the 18th
section OF the constitution of Virginia, and
tested the character end duties of the Office
held by Maj. Fl. with the meaning and ihten-
lion of that sectioa. Testing it also by the
common Law definition Of an office, it came
within the meaning Of the constitution. He
read the law defining the acts of brigade
inspector, commented upon the tenor OF the
office, mode Of compensation, &c. from all Of