Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-12-26
GENERAL. ASSEMBLY.
HOUSE or DELEGATES.


denny is Grccnbricr
On motion of Mr. STREET, the Committee o
Claims were instructed to enquire into the cvpcdi
cncy OF allowing VIM Bavley late Deputy Sheriff
OF inncnburg, the of 500 50 the amount Of al
inSoIront list for the year 1928, tho same having
been Flowed by the auditor, being barred by the
act of limitations
On motion of Mr.. ZrNx, tho Committee Of Ii
nance was instructed enquire into the cxpcdIcn-
cncy of amending the law of April 1881, con-
corning Delinquent Lands, so to provide that n
lands returned delinquent previously to 1920, shdl
DC eNonera'ei from tho arrears of tax charged
thereon, provided the amount Iherof exclusive of
damages, shall not exceed five dollars.
Mr.. MILLER from he Joint Committe to cxa-
mino tho Trcasurcr's Accounts, made a report very
complimentary 10 the condition Of that office. Ac-
cording TO the Report, the amount on hand the
3lst October last of ordinary revenue was
Sl0b,o95 7l-Literary Fund S59 527 SO-Intcrnal
Improvement, ,02l G2-Jamcs River Compa.
ny, $50, 26--Aggregate $S992 III 80.
To which add the difference between the Receipts
and Disbursements to this day, 5000, I35 SIS
On hand at this day S+95, $50 81.
The Committee conclude that il clearly appears
all the money of the Commonwealth is duly ac-
counted for.
On motion of Mr.. MILLER the RcDOrt was ar
dercd TO be printed
On M, ton of Mr.. WILLIAMS of Harrison, leave
was given I" bring in bill changing TIC Counties
composing the 18Th, 10Th and Goth Circuits of the
Superior Courts of Law and Chancery and tho
times of holding said Courts.
On motion of Mr.. WrrcnEa the Committee of
Claims was clothed with power to send for persons
and papers TO cnaha them 10 invest ra,e tie
OF Daniel Matthews and others.
MIR. WILLIAMS of Harrison presented the petition
OF ~ Berkeley, concerning certain lands in Fuyctte
and Giles.
MIR. WooD of Albemarle, presented 4 ro.ition
of the Rivamna Navigation Company.
Mr.. ANDERSON of Botctour, presented 4 memo
rial from that County, asking the law authorizing
Jacob Price and others to erect toll gate, DO
amended.
Mr.. MclTu>NEY presented memorial from Lou
doun, and Mr.. MILLER from Powhaton, on tbs
subject of free negroes, &c.
On motion OF Mr.. SruRLocHE, leave given to
bring III a bill, authorizing Jacob Uizer TO esta-
blish ferry across the Ohio River.
MIR. NTCmER presented petition from Pitt
sylvania, asking the former number of militia
mustcrs to be restored.
MIR. FAULKNER presented the petition OF Chs. D
Stuart Deputy Sheriff of Berkeley, asking to have
credited to him the amount of certain militia den
quencies.
On motion of Mr.. BRoApus, the Auditor of Pub
lie Accounts required to furnish the House
with the amount of money expended in publishing
the Delinquent lists far he has proceeded, also
the amount received into the Treasury account
of Delinquent Land Tax: And his estimate of the
probable cxpence Of completing the lists and pub
fishing the same required by the Act Of Assem-
bly, OF April |, 1881.
On motion Of Mr. BRoDNAx, the Committee of
Courts OF Justice was instructed to cnguro
necessary to the Laws now in force relative to the
appointment and duties of Commissioners in Chap
Gerry; also to the laws authorizing nterrogoto rrs
to be filed in certain in actions at law; als@
to the laws authorsing Judgments and DEGREES TO
be revised by writ fscre facas and also whet her
some judicious method of acccerating prosecutions
for misdcmcanors cannot ba effected.
Mr.. MARSHALL. asked TO have taken up the report
of the contested election from Monroe.
Mr.. WILSON of Bot. opposed the motion on ac-
cnunt of the thinness of the House-it sup
ported by Messrs. DAVIS CAMPBELL. Of Brooke,
CRocKETr and SUMMERS, and carried by large ina
joriiy.
The Committee report, after recting the rules
by which they had governed the Investigation, that
John ii. Nawter thu contrasting candidate, has Il
majority of lS votes over Jno. w. Kelley the sit.
ting member, and therefore declare him entitled
to the seat.
In the Report, the committee decide, that the
bur;hen of proof is on the candidate who has re-
ceivod the vote objected to, and not on him who
makes the objection. Established at last session
i'll case from ORANGE J
MIR RIvEs, before the House voted on the reso u
tons will; which the Report concludes, moved to
take the sense of the House the soundness OF
this rule, which commenced a discussion-McSsr
RIYEs, and PR"sroN, supporting, and Messrs. MIL
LER, and DAVIS, opposing the course.
At this point, Mr.. STEPHENSON offered this rcso-
lution Resolved, that the report of the Committee
OF Privileges and Elections on the memorial of
John II. Vawter complaining Of the undue election
and return OF J. w Kelly from the County of
Monroe be rccomntted to said Committee w tn
Instructions not to strike from the poll Of either
party any vote objected to By the other party unless
the Director shall have given satisfactory evidence
OF its itlegaity.
Mr.. RWEs reviewed the law OF the last session
and the reasons of the "a length, for the pur
pose of sustaining this resolution, and overthrow.
ing the rule which obtained at the last session. and
which requires the party whose vote is challenged
to prove its suilicicncy, instead of requiring the
otJector TO the vote to prove its Iegality.
IlIs &c ,.t,r ff,,,r tt,1 ,r..T
question. On the one hand, it would seem much
easier that the candidate whose vote is objected
to- should prove its suIiciency, than the obIector-
because he holds the affirmative, and because he
has only TO establish OF the numerous qualifica.
tons required by the Constitution, to attach to tho
voter, whereas the obecior would have to show
that the voter had OF those qualifications, and
would lave thus to travel much greater dis.
lance than his adversary who holds the afiirma.
tive. On the other hand if the obcctor is re.
leased from the burthcn of proof he will challenge
the whole poll Of his adversary, put upon hin.
much unnecessary trouble, and spin out the inves.
LEGATION in Che Legislature, to troublesome and
expensive lcngth.l
Mr.. MARSHALL, Chairman of the Committee, re-
piled 20 Mr. Rves, and sustained the soundnoss of
the rule recognized by tho Committee.
Mr.. STEruENsoN Withdrew his resolution,
and Mr.. RIvEs offered the following: -.
Resolved, That The report of the CommSfcc o.
Privileges and Elections the memorial of John
H. Vawtef, complaining Of the un due election
and return Of j. w. Kelly, from the county oil
Monroe, be rccommittcd to said COMMITTEE
with instructions to consider the corrected poll oil
the election in said county prirna faciC or pre-
sumptive evidence Of the legality Of the votes Oh
said corrected poll.
Upon this resolution long discussion cnsucd,
in which Mcssrs. RWEs, MARSHALL, NooRE
BEoDSNx, DAVIS, PowELL and CturgGLL Of Brooke