Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-03-02
GENERAL ASSEMBLY.
HOUSE OF DELEGATES.

|
| The Senate have passed the bills-placng Abra-
ham Jenkins and Jesse Williford on the pension
list-to amend an act Incorporating the Fincastlc
and Blue Ridge Turnpike Company-cenccrninu
the infant sons Of John Somcrvc, &c.-They
agree to tho amendments Of the House to the
| amendments ofthe Senate to the bill to amend an
act Incorporating company to construct a road
from the north bank of the Rappahannoek to Po-
tomac Creck-and they have postponed indefinitely
the bill providing method Of assigning dover,
&c.
Mr.. Williams presented a petition from sundry
citizens of Harrison, for the establishment of u
new county
BANK AT FARMvILLE.
| A bill To authorize the Bank of Virginia the
| Farmers Bank of Virginia, to establish office
of discount and deposit at Farmville, in the
ty of Prince Edward, was read the first time.
! Mr.. Boiling moved the indefinite postponcment
of the bill, which motion was discussed by Messrs
Dupuy Randolph, Pattcson of b., Gholson, Wood
of A, and Bolling-and was rejccted-Aycs 4S,
Noes &c. The bill was read a third time in com.
mittcc.
| MORGAN CONTESTED ELECTION.
! Mr.. Marshall moved that the report from tho
Committee of Privileges and Elections the me.
mortal of Isaiah Buck contcsting the election of
| Henry A. Byrnc, returned member to serve in
the House of Delegates, from the county of Nor
gan, be taken up.
Mr.. Roane expressed wish that this motion
might prevail He thought that tho reports of the
Committee of Privileges and Elections should have
|
that the House should BIO kept pure.
The report having been read. declaring that
, Henry "A. Byrne is not eligible, not possessing
freehold.
thccommitteo
NT.Byrme went into an argument of considerable
length to shew that lie was possessed of free
hold.
Mr.. Marshall supported tho report The deed
of land, on which MIR. Byrne supported his free
hold qualification, had not been recordcd and the
memorialist had charged that there real
transfer of property-which was not rebutted
The motion to reverse was re- looted, and the fol-
lowing resolution was adopted:
Resoired, therefore, the opinion of this Com
mittec, That the said Henry A. Byrne, at the time
he was elected, was not eligible to seat in the
present House Of Delegates, as a Delegate from
tho County of Morgan and that, therefore, he is
not entitled to retain the
The other resolutions being merely matters of
form, were LAID on tn C table.
! Mr.. Rodne, in rising TO present tho following
resolution, said that he wished the gentleman
from the county of Morgan, who had Just left the
House, was now within hearing, as he was about
to make motion, which had relation to him.
MIR. RS attention had been drawn to the fact, that
the gentleman faom Morgan had received mileage
for two journics; TO and from the Legislature: and
that for the first, he had charged for Ala miles:
while for the secoud, he had demanded for 500 miles
lie thought members ought to be paid mileage for
enc trip, and be entitled to receive it for merely
regular distance between their residence and the
seat of Government.
Resolred, That the Committee of Privileges and
Elections be instructed to inquire into the exped-
cncy o. so amending the laws, as to provide,
that there shall not be paid to the member or
nemsers from any one county corporation in
the State, mileage for more than one trip to and
II ON the seat of Government, during any one SOC.
sion of the Legislature; and also to prevent exces
sve mileage, tolls, ferriage from being paid to
any member; and that they have leave to report by
Dill or otherwise Agreed to.
Mr.. WNchcr moved that the Committee of Pri.
vlleges and Elections be instructed to enquire in.
10 the amount of mileage paid the gentleman Just
turned out of the House, and that the Clerk be d.
racted not to pay tho per diem of Mr.. Byrne until
that Committee should have reported.
mr.. Fdul6ner suggested that the subject had bet.
ter be referred to a select committee. Mr. Witch
er adopted the amendment. MIR. Faulkner said il
was proper that they should act at once on this sub
Ject, and that such conduct should not escape lust
censure.
ljee' OF the mover should be atained but he doubt
cd whether the House had the power to direct
the Clerk to withhold the per diem from Mr.. Byrne,
VINO, 1T appeared to him was entitled to it by law
of the land.
Mr. Brodnar said it was not proposed that the
per diem should be withheld, only so long as to
| allow an inquiry into the matter.
Mr.. Miller suggested that there was a doubt who
ther 1t was In the power of the House to give the
proposed direction to tho Clerk
Mr.: Brodndr said the objections were easily dis
PEELED. The individual from Morgan was not to be
deprived OF any of his rights. Suppose that LOG
dollars are due to him for his per diem, and he has
received lOO dollars his mileage than he is
entitled TO, there can be difference whether i,
be considered as mileage or per diem, and what is
oVerpaid on the one can be withheld on the other
| Mr.. miller expressed fear that the House
should adopt principle which thoy would regret
rms individual was entitled to his pay-and ifhe
| had frauduently received excessive mileage he
did not think they had the power to deduct 1t from
his per aem pay. The precedent might be impro-
perry used hereafter. mr.. NJ. for instance was
one OF the securities of Jorman Baker but he had
| never heard it proposed that his Mr.. Ms1 paw
as member should be taken to apply on Bakers
| defalcation.
| Mr.. Campbell of B. said, there was no d;Hicnl
ty at all in the matter as gross amount was maid
TO the member, without Distinguishing i'm the Ger
tihcate betw cen mileage and per diem If there
tore too much had been paid on one it could be
t akon from the other.
Mr.. Marshall said that il would bo sra;c;,. .
institute an enquiry whether the gentleman from
Morgan, who had just been elected from the
House, has received more mileage than he was ON
!ltieu TO- he committee could report upon the sub.
Ject, and the House could take any order upon II
they thought proper. Mr.. NJ was clearly of on;n;on
with the gentleman from Powhatan that tho indi
yidual was entitled to his per diem from the time
he took his seat, ''''o
:, Mr.. Witcher agreed with tho gentleman from
Drooke, That there was difficulty i'm the matter
lie did not consider the amount Of money Of onv
great Importance but it was of importance that
! the House should mark with reprobation the con.
duct OF the cjocted member, and bring it before
the public.
! Mr. FHshugh said it was of no great con.e
quoncc but the fact was, that the Clerk paid acna
rately the mileage and per diem
The motion was then agreed to, and the follow.
! ing gentlemen were appointed Select Commit
tee on the subject:-Messrs. Marshall, Witcbor.
Fauikn'r' Bryce of Frederick, McIlhaney, Wood
| oil AIbemarlo, Miller, Roano, Campbell Of Brooke.
and Fitzhugh.
J On nfM W.