Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-12-23
From the Richmond Compiler Of December 20.
LEGISLATURE OF VIRGINIA.
PRINTED AND PuBLIsHED,
DAILY,
HorSE OF DELEGATEs.

HOUSE OF DELEGATES.
Yesterday, Mr.. Watkins Of Prince Edward,
from the Committee Of Privileges and Elections,
presented a report, stating that they had exam
ined the sheriff. returns OF members, and, that
with the exception of several counties, they
were either in the form prescribed by law, or 10
the same effect They moreover state, that they
had examined the oaths taken by the members.
After stating the names of the members, and
the dates on which they took the oaths, the
committee state:
sit appears 10 your committee that Robert
Douthat, one OF the Delegates from Charles
City, has taken all the oaths required by law to
be taken by Delegates 10 the General Assembly,
except the oath required by the act to suppress
duelling, as appears by certificate from K. q,
Scott, a member of the Executive Council, In
the following words: 81 do certify that have
administered the. oaths prescribed by law TO be
taken by Delegate unto Robert Doatbat, ex-
cept the oath prescribed by the act TO suppress
duelling, the said Robert Douthat having re-
fused 10 take the oath in the form therein pre-
scribed, but offered TO take it in the following
words: |, r D. do soemny swear, tina: have
not beenfngaged in duel by sending or &C
cepting challenge TO fight a-duel or by fight
ing duel, or in any other manner In violation
Of the act to suppress dueling, since the lst
January, l8l8-nor will he concerned, d.
rectly or indirectly in such duel, during my
continuance in Office" The said X Douthat
alledging that this modification OF the oath is
required by The act reducing INFO one the seye-
raj acts prescribing the oath Of fidelity and the
oaths of public officers, passed 9Th January,
1918, which act he contends virtually repealed
the Sd section Of the law to suppress duelling.
He alledges as matter Of information TO be en-
braced in this certificate, that he gave chal-
tenge in 1917, which was not accepted, but that
neither before or since, has he violated the law
to suppress dueiiiBg.
"The said r. Douthat further protested a.
gainst taking the oath aforesaid, because he
consciehtiously believes the law prescribing ii
TO be unconstitutional as it relates to Deleg ates
To the General Assembly. These objections
and statements he has required me 10 certify,
In order that the question arising out of them
may be brought fairly and honestly before the
House of Delegates at an early day. Given un-
der my hand this 4th December, 1926.
II G.. SCOTT, M. Executive
Resolced, AS the opinion Of this Committee,
that the oath prescribed by the Sd section OF the
act to suppress duelling, which Douthat,
returned delegate from the county of Charles
City has refused to take, ought not TO be re-
quired Of members of the Legislature, as ne
cessary qualification before entering on the ds-
unconstitutional. ~
Resolved, AS the further opinion of this Com
mittee, that the certificate qualification given
BY member Of the Executive land before re-
cited) is sufficient 10 authorize the said r. Dou
that to retain his seat in The House Of Delegates,
the right OF the said r. ID. 10 his seat as sfore
said, not having been contested upon any
ground.
1t appears TO your Committee, that Nathaniel
Tyler, Delegate from the county OF Fairfax,
has taken the oaths required by law in the usu-
al form, BY certificate in the following words:
81 do hereby certify that l have administered
the oaths prescribed by law to be taken by de-
legate unto Nathaniel Tyler. Given under my
hand this 4lh Dec. 1926.
w. F. PENDLETON.
To which certificate your Committee found
the following statement attached, viz: "Haying
been recently engaged in an affair of honor in
violation Of the supposed intended policy OF the
act to suppress duelling, but believing tina;
have not violated the provision OF that act, a
gainst the provision Of which / must first Of
fend e'er can incur either its penalties or dis
abilities, and al the same time anxious to leave
that question open for enquiry and in>estiga-
ton the part OF the Legislature, should Ii, or
any Of It's members differ with me as to that
fact, have taken the oath prescribed by the
act with the proviso that the construction
have given TO the act, and upon which | have
conscien:iously acted, be legal and correct
construction oil the same. In order, then, that
the Legislature, if so disposed, may act upon
this subject, l now place it in possession Of The
fact that since the passage Of The act to sup
press duelling, willis, in The District Of Column
bia, accepted challenge, and under that chal
lenge fought duel-Dec. 4, 1926.
n. TYLER
This statement was made previously to the
taking of the oath.
RssOivsd, as the opinion of this committee,
that N. Tyler having taken the oaihs required
by law 10 be taken by Delegate, is entitled 10
retain his seat in this present General Assem-
bly,.
Augustine Neale, a Delegate from Richmond
county, is reported TO have taken the eaihs, TO
the certificate of which is appended this state
ment. 81 gave challenge in the year 1910,
which was refused, since that period to the