Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-01-07

should vote to vacate that from CuJnener No, b ne
aie commissioners were not sworn but because il
was IN proof that that failure had influenced the ra
ult-because he believed II had produced, =, eel,
which would not have been northumberland yar;
am rules of voting had prevailed as in the Orauqc
case, which had been set aside. In replv 70 ha IS
gument of NJ. w liam. apaIns, the ripbt of, mo-,
oer to raise question of contes, which tho nar,;n,
had not raised, MrG referred to precedent to sms.
tain it, " '"'
I Nr. Moore oseSasuqure what was the ouostio,
before the House when'he substitute was ofFarrrd5
w as the report Of the Committee on he memorial a.
Pendleion. before the II use?
me Speaker replied negatively to The last ques-
tion, and stated the question before rhp House
MIR. Moore warmly demonstrated against the Ioint
consideration of the reports the two cases blended
oy he substitute They were entirely different
Lne SUBJECTS had been separately considered by the
committee. and separately reported on-and II was
jointly. '"e'''
AIR Rives of Campbell called for the reading of
GIBSON memorial, and the deposition of John Hem
shaw, ono OF the commissioners of election in CnI
pepper, who dnposes that if sworn he sbouId have
conducted the election differently from what he did
ihey were accordingly read by the clerk
MT kives of Pr Geo rns" with the hope of indu
eng the ntleman from Mrckenburr to withdraw
his substitute He had sad that he should M, vote
Tor vacatlng The election if he believed the irrepu-
iaities had not varied The result. fhe could salts
~ nm that results had mt been affected bv the r
reguartes he presumed he would Withdraw bis
proposition Mr. r. then examined the cIrcumstopcns
at the different places nf election to show that the
partes to be benefited by setting aside the election
aieSsrs Hansbrnngh and Pendleon) had received as
much advantage from them as Mrssrs Rrooddus n nd
Gibson Nj R. also referred 70 Mr. p ,pdlnton,s
having given notice and Insisted that the Iouse
onght 10 come to the Judgment between Gibson and
iiansorough which 1t would have come to- if Pendle-
ton had been no candidate
MIR. anderson OF BIT addressed tha House -,
the single point Of Glbsons first notice in which no
apprised Mr Hanshrough, that he sh uld contest the
return before he Sheriff tho various rrepularities
of the election ('Fhis notice was decided nv tho
Committee to b. notice to contest before the eber
III, and not the House of Deeeate~) Mr. A. aruued
TO pr We that Tins notice sufcient--that if an
swered tn" object OF the law. which was 10 enable
those whose disputed to know the grounds
upon which they were disputed-and that the CON
testing member Mr.. Gibson having piven this no.
tce, and followed it up in his dispositions and memo
rial ought not now, to urge upon the House that no
such notice had been given to him. Mr. A. alluded
to various facts connected with the election as show
ing that had been grossly irregular and OUGHT to
be set aside. Mr.. A called for the ayes and noes
which sustained
The memoria.ist Mr.. PenGleton then addressed
various questions Mr. Broaddus-.5ut Mr. Ssempls
doubling the regnidritv ofthe proceeding the sneak
er declared it out nf order.
Mr. Pendieton observed, that such had been the
practice of the gentleman catechsrd now bv him
towards himself on yesterday.
mr. BroaddnS professed his readiness to answer
Mr. GIluler suggested that MIR. Pendleton ha d
the questions In writing. Mr. Broa1dus could read
and answer them. without the irreruaritv of benO
cafechised
Mr. Ghoison obec'edto the admissions of Mr..
Broaddns going to the Eject of his (lIr Broaddus)
waving me necessity of a notice to him, and gave
notice to him, that if lie so waived the necessity Of
notice, his views of the rights f the case might be
changed.
Mr.. Morris and Tr Watkins objected to the ir-
regularity "i the course and it was desisted from
MIR Norris briefly replied IN the gentleman from
Bot the point of VIZ Gibson's notice and on the
various points Of law and order involved in the dis
cussi0n.
Mr.. EPpes adver;ed to his having moved to recon-
NIT the report, Chd the refusal of the House TO do So
Having refused to commit it was now objected that
there facts fCr the Hnuse to decide upon But
there facts broad dav drawn from various
sources As the friends Of the report had refused
the opportunity Of his seeing the evidence he sbond
upon the strength of these facts vote to set the cleo
ton aside
Mr.. Jacison enquired. if the memoralist, Gibson.
had in his notice TO the sheriff. objected to the le-
gay of the election on fhe ground of variance in
the rule ofvong?
Mr. Gibson replied in the negative
The question was hen taken, and decided against
tho substitute AS follows:
AYEs.-Mcssrs Gllmer, Booker Garland of Am.
herst Kenney, NJ Cue, Anderson of Botetourt va
cey Rlves Of Campbell, Clay, Burfoot Wright
Chichester, Erskne. Claiborne, Dunn, Atkinson.
Pollard of King & Queen, Hooa, Leland Ewing
Powell of I.oudoun, Mason Of Loudoun, Caldw ell
| Helms O'Ferrull. Garland Of Nelson, Murdaurh
| Thompson. Blackwell Baxter, Shield, Mcdowell
| Nj Mahon, Crump, Enpes. Keller, Jackson-43.
! NoEs.-Messrs Banks, tSpeakor} Drummond
Wood Of Albemarle. Mayse Campbell of Bedford
Leftwich, Davis, Henghaw, Miller of Bottetourt
Campbell Of Brooke, Gholson, Shell, Christian
Spurock, Taylor Halybur'on, Watkins Wilson
! BrodnaX Jones. Marshall, Pavne Powell of Frank
lin, Holland Mason of Frederick Castieman, Woo
| Of Frederick, King. Perrin. Bryce. Hail Green
| Easley. Carskadon, Morris, Seymour, DAVIDSON
! Leigh Dyer SemDe, Lucas, Gallagher. Pollard o
/ King William, HAYS, Pondexler, Newman Watts
Vawter, Upshur Jacobs, Parrlotr, Barbour, Adams
| FIinnr. Wit her, Swanson Miller of Powhatan linn
Rivrs Of Prince George. TYLER, Hart, Moore, Lewis
| Alexander. Kilrorr, Williams Of Shenardoah Har
RS Gaewood. Hamilton, Moncurc Gillespie. M'Cov
! MCulloch, Newton, Crockett, Maxwell Macfarand
! Rutherford 20.
! Mr. Goodc then moved tn recommit the report
with instructions to the Committee to regard tho
notice given by IIan-brough to Pendeton on the 2,
November, as a notice, and scrutluize the poll o
Gibson in order to ascertain the number Of his rood
votes.
| M. Morris said that tho motion now submitted
involved Il serious question, about which the Com
mttec had much difficulty in declding-it was. wher
the five days within which the notice was to be qvcn
were 10 commenced Mr. NJ. detailed circurnstan
italy, the proceedings before he Committee and the