Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-01-04

derrick. This was q mailer which bad
been too often discussed in that body
not TO be fully understood, i was sutfl'
cient for him, that changes ia other res
poets in the circumstances Of the people
had rendered q corresponding rbange IN
some of the features of the existing 60
vernment, indispensable TO the bappi-
ness, the prosperity and the tranquility
ofthe commonwealth.
On motion Of Mr.. Tyler. Resolved. That so
much % the Governors message as ISIS the
proprletv Of erecting statue or mo eut to
Terpetuate the memory Of thar d&gngu she'd
phIlan'hropist, patriot and statesman, fHOM
As JEFFERSON, BE- referred 20 a special
committee with Instructions 10 inquire ato
the proptiety Of the same, and the best model
upon which that statue or comment can be
erected Referred to MessFs Tyler. Mason
Of Fsirfaz Hnugerford, Ch'ftian of n. K.
Bryce, Cooks, Davis OF Hanover, Taylor, WI.
liams, Hil, Thompson OF Amherst, Goode OF
Berkeley, RuiFncr, Eppes. and Wallace
Monday, Dec. Il
Mr.. woylfolk offered the following resoiu.
ton, which was adopted: That Committee be
apr Jin!ed to examine the chances OF the Sc
veral lot eries which have been ana are shortly
to be drswnby authority OF the state, and that
they report TO the house whether they are
quail and Just, or unjust, unequal and ffSudu
lent upon the public.
On motion If Mr.. Mason Of fredk. It was re-
solved that leave be gwen TO Bring in bill to
amend On act enti,led "sn act Of allowing fur
Their tine fer the completion Of the Smokers
Gap turnpike road, and 20 raise by lottery .
su,n OF money for that purpose.
Mr. DAVIS oaered resolution for rsfunding
10 the donors ,he amount Of their subecription.
to the monumeut proposed to be erected to
the memory Of " sshington.
Tuesday, Dec. 10
Mr.. Winston from the committee OF privile
yes aud elections made rcpor,on the sheriffs
rotars ct The delegates Of the present general
assembly. which on motion of Mr.. Everctte
the hsuse proceeded to consider.
The matessl psrtof the report concerning
the title of Robert Doutast, Nsth. Tyler And
Augustine Neal. who have violated the law to
suppress ducllng, 10 as follows. viz:
happears TO your committee, That Robert
Dod.hr, one OF the delegates from Charles
city, has taken sll tire osths required by law
TO be taken by delegates 70 the general assem-
bly,, except the oath required by the act TO
suppress duelling, as appears by certificate
from X: c. Scott, a member OF the executive
council, m the following words
IF do certify that I have administered the
oaths prescribed by iawyto be taken by dele
gate unto Robert Doutbat, except the oath pre-
scribed by the act to suppress duelllng, the
sad Robert Dnuthat having refused to take the
oath in the form therein prescribed. but Offer
ed TO take it IN the following words--"l 70
bert Douthat DO solemnly swear that have
not been engaged in duel, by sending or &C.
cepting challenge TO fight duel or by fight
ing duel. or in any other manner in relation
OF the act to suppress duelhns, since the lst
of January, i8l8-nor will be so concerned
directly or indirectly in such duel during my
continuance IN cfiicce, the said II. Bouhst al.
leglng thar this modification OF the OATH is re-
CURED by The act reducing INTO ono the several
sces prescribing the oath OF fidelity and the
oaths OF public officers, passed 7th January,
1885, which act he contends virtually r. pealed
the'3d sectisn OF the law to suppress dueilins'
The sad Il. Bouthit further protested against
taking the oath aforesaid because he conscien-
tously believe The law precribng il 10 be un.
consti tutonsi, as 1t relates to the delegates to
the general assembly. These objections and
statements he has required me TO certify, in
order that the question arising out OF them may
be brought fairly snd honestly before the house
ofdelegs,es at an early day"
ar G SCOTT"
Whereupos. Resolved. AS the opinion of
this committee, that the oath prescribed by
the Sd section of the act 10 suppress dueliirg,
which Robert Douthat delegate from Charles
city has refused to take, ought not to be
required of members of the legislature, as a
necessary qualification before entering or the
Huties Of their appointment, because the same
is uncous'utionl.
Resolved. As the further opinion Of this
committee, that the certificate OF qualification
land before recited) - sufficient to authorize
he said r. Douthat to retsin his seat IN the
house Of deIegates--the claim of Douthat to
his sest, not having been contested upon any
grounds
Uao,esrs to your committee that n, Tyler,
q delegate from he county OF Fairfax, has ia.
ken The oath prescribed by law in the usual
form, by certificate in the following words:
81 do hereby certify that have administered
the ostt,s prescribed by law to be taken by de-
iegate untoNathsniei Tyler.
VIM. F. PENDLET0N".
To which certificate your committee found
the following statement attached, viz:
"Hav,ng been recent!y eDgsseGin an affair
ofhonoc in violation of the supposed intended
policy of the act to suppress duelhng; but belle.
wing have not violated the provisions ofthst act
sgainst the provision Of which ! must hrst of
TEND ere can incur either its penalties CT dis
abilities. aud at the same.ame ANXIOUS 10 leave
that question opes for Inqoiry and Investigation
on the part Of the legslsture.-l have taken the
cath prescribed by the act. with the proviso
that the constructions have given TO the act,
and upon Which Ihaye conscienuogsly acted, be
a legal and correct construction of the same In
order then that the legislature, IL 80 disposed
may act upon this subject, now place it in