Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1832-01-12
Virginia Legislature.
tIoJTsF or DELEGATES.


tern. 10 the Improvement Of the county
reads IN IFS vicinity.
.Neroaa contested sLccfion.-Mr. Wilson Of
Cunhe,Ians. moved that the report Of the
Csunm;ttse Of Privileges and Elections on the
contested election from the county Of Nor
gan, be taken up
The repsrt was read rs principal state
msnts are, that the sitting member IS not eli
eible 10 a seat, not being freehoifer; that,
Although a deed Of tract Of land from John
O,F.rr.ll 10 the sitting member had been
,bevn, We, that il had not been attested by
ss;tne,ses. nor was il recorded. Irregular
ties in the management Of the election were
also stated: and the committee submitted re
solu,ion, that the sitting member was ineli
gible. and that writ of election forthwith
issue for the county of Morgan.
Mr.. Stephenson wished that the report
might be laid On the table The sitting mem.
Der (Mr Byrne) had informed him, that if
time were allowed, he could clearly shew
that he was freehoider
Mr.. Marshall said, that no one would he
more ready than he to allow time, where its
allowance would have a tendency to elicit
truth. But the circumstances In this case
were neculiar II was now the 9Th Of Jan
and ample time had been given the sitting
member TO shew the fact Of his being free
holder Tie bad Rad an opportunity Of do
ing so in the county, before the contest came
here. which he neglected 1t was too late to
ask tor further time now.
MI. Faulkner knew nothing Of the circum-
stances Of the case; bHt as he did not see lhc
gentleman in the House, he thought it but
courteous to lay the report on the table until
tomorrow. He did not know what testino
ny the gentleman might produce; but he
ought to have au opportunity to express his
views on the subject. tie moved 10 lay The
report on the table until 20 morrow
Mr. Marshall observed, that the ground
taken by The gentleman from Berkeley, was
different from that assumed by the gentle
man from Nicholas. Hit were asked to al
low tine TO send 10 the county OF Morgan
for testimony, il was clearly unreasonable
The sitting member had had time to 40 SO
three times over But Le would most will
ingiy assent 10 "A delay wiiica should allow the
gentleman to express bis views on the sub
jeet.
Mr. Stephenson reminded the Chairman of
The Committee Of Privileges and Elections,
Mr.. Marshall, that II was not three days since
this subject was taken up by the committee.
MIR. Marshall asked tue gentleman from
Nicholas, whether IT wa, moi more than three
days siuce the sitting memoer was ap
plIsed thai bis election would be contested
Oh the ground that he was not eligible, not
being a freoh0lderP lie was appfised by the
notice OF he mcmorIalst sent 20 nun in his
county and on rae frat nneeting Of the com
m,itee, the memorial was read TO him, and
at his request WAS deferred until the sueeeeti-
leg Montay
hon "A Sftart ks.1 rt.l,
laid on the able and Tot taken upuntll a few
days since.
MIR Faulkner sasi that II the Report was
laid on the Liable. .,e woutd cali itu, to morrow.
MIR Davis was opposed to any delay. lie
sitdug r,a,nber had had apLAe tiiAe to clear
up the question OF his eligibility.
The motInB TO lay on the table was rejected
MIR Morris iriaae some reina. Ks whI9n were
TO the reporter. He was under
stood to say that there was no prsof before
the committee. that the deed was ron est
fdctum. aud thai must be presumed 10 be
good.
MIR Marshall said that the deed was rot
otherwise tne committee wouh.
not require that tshcula have been recorded
Mir Morris pressed the p0sftion that there
was no testimony before The committee that
the deed was either fraudulent or Il forgery
Air. FaHknee sali Il appesred thai nJGs.ice
nj 5ht be zone to the member iFon Morgan
by acting new on the report lie believed
the deed was genuine, and that the tesufao
ny sI Its validity could be produced Vi the
House deferred lis ae tlon until TO morrow
upon it
MIR Marshall observed, that to render the
deed good Instrument. Il was necessary that
81 should have been Witnessed, that IL should
have been acknowledge D} VIZ O'Ferrall,
or that an order OF court tor Ms record should
ho shewn Neither Of these hsd osen made
TO appear TO the committee.
Ms. Cafskadon though that injustice might
be done, and as small indulgence was ask
ed, he hoped II would be granted. tie re-
newed The motion 10 lay the report on the
table until 81 aorRew.
Mr. DAVIS was convinced OF the Impossi-
bAlIy OF producing testimony by 10 n1orrow
morning, and he knew OF nothing ina, could
De produced beiore the iieuse, except inc
OF The Clerk oi Record
Mir. Marshall remarked, that Tor the valid
ny OF deed, II Was necessary thai i should
nave bsth sIgaea, sealed, ana deilv cred -
bese was ne proof OF The delivery
hr udiiahe. VAS moi prepared 10 vote on
he question:; and 1t WAS reasonable to grant
he delay The mail OF to day, mighl orns
ome testimony which would affect the case.
de knew aothnig % its Laerlts, out was la
ayor OF laying IT on tie tabie,
4 e motion TO lay on Lie table was rejec-
ed-AYes 30 Noes 50
he report was theu taken W, and on mo
ION OF Mr.. sloTris, the decd was read--when
he resolutions vi the COMMITTEE were a.
reed to.