Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-01-03

s'e enief was postponed until that day.
r / he following petitions were presented and re-
iefted~-by Mr. Witcher, Of s,tndry tobacco plan-
tera of can pbell Bedford Pittsyivania and Ersni.
In for the establishment Of an inspection oftotac
, 60 nj Tetrys Warehouse N the town Of Leesvills
III Campbell couniy--hy Mr.. Barton, offhc Ber.
fyylle Turnpike Company, 10 authorize lottery
70 faiso sum of money for its complotion--by
Mr.. Henry, Of citizens of Aionongalin, fof
lottery to- raige money for the construction Of
wharses at Alnrganlown--by Mr.. PendIeson, oc
ehizens of calpeper, against petition for tho
division uf that county.
a bill authorizing Benz Schoofeld 10 crnrt !
hi'dgo across the james River nj Lynchburg va
read second time, and on the question of its en-
sfossment, MIR. bearing moved its inJefintg
pnaippnemeht and presented remonsftDf,ce Of fhs
| President and Directors OF tho Lynehburg Toll
bridge whleh having bcen read, the motion to
postpone was opposed by Mdssfs Cam6, and Nc.
Mnen, and supported by Mr. Dearr g, when lliu
question: being taken, il was decided In III. Ee@
eaufe. ayes ~ nnrs not counted, pnd The bi. war
"teffh To be engrpssod.
slslous osle, bills were ortered 10 ba cngsoss-
ID
lie bill to authorize the Bank Of Virginia tnd
| liza fanncrs Bank OF Virginia to subscribe for
took OF HE James River aud kanawha donIany,
wasrend seeand time aud re. committed
The oo,lInlttee ofCon,s ofJnsrico roIitbtoI az m
'fPfaeW feauiiiiion proposing Law Explaining
the aclu in relation 10 hawtcrs and pedlfssf uscs
agreed To n proposition Ia make further prosss
e'ons touching the retail Of spiruipus liquors dad
ON the iablcl and resolution for tho alteration az
the law Regulating tho jurisdiction oftht courts in
nehans Of iH96bndfas nm. Agreed toA
The conuiittes of Propositions aud Grievances
reported ui petition of tbn citizens Of Williams
bur- fauoJa5te To the rebuilding of Tho OLD Capt.
oi that city and antaeoiat on the transier Of
he site and ru,ng 10 SAID city hgroedto.
On motion of Mr.. Lelier tho ltousc adjourned.
Ffliay, Dee. % =. On motion Of Mr.. Mooro, 10
WIS
Be aipcd, Thu, leave be given 10 bring in a bilt
shall dem % conducive to the public interest, Ia
enelfaa n' TIM building OF 4 Toll Bridge across
Jaats hariyei. NJ the tfnnalinn Of the Kanawhs
fohd, and opposite tha town of covington.
Petitions were p,tsenled and rciesred---by Mr..
Rtodnax, of lile American Colonization Society.
~ nj from the Logislaiuro---by Mr., McDowelL
aiefIizens of Anenatn, Roclsbridse and Bath cou.s
ues for Il new county out Of parts Of those epans
ties
Mr. Marshall from the Committee Of PRIVILEGES
and Elections, made report the contested clccs
tan irom the county of Amherst, 40 follows.
The return made by the deputies who condh,c-
sa,'led by your committee aud by the House AZ
pima faSia evidence that Robert Cemm wa. EN-
uHtd TOD seat - delegate from the county Of
Amherst, your committee proceeded 10 exquivo
into tic validity Of Tint return, aud 10 aAcer,ai0
whether it was In conformity with the corrected
poll, as certified by tho board of commits sioners
designated by the twelfth section oftbs general q.
lection law. II appears thu, the persons who
constituted this bsard tho sheriff, The elssh.
ilrp 1 Al.
slonrfs appointed by the court ms the law directs.
The reenlt Of their scrutiny shews that David ,.
darlnnd ~as elected by majority or two ii the le-
golig qualified votcrs.
II tb,i board had been legally constituted, your
committed would, nj once, have reported in hv
ii ~ Garland evidence relating to TIN L
epff u il,ega,ily Of votes on either aide was *
GbIti before lhem~-but Question of great noy8l
y and difficulty presented ltselffor their consdcra
iaa Il appears by The AFFIDAVIT of Deverly Day,s
ri Addison fallalerro, the deputies, witch wss
apH AIDED to Their return, and WAX submitted to thu
eets detaion Of the House Of Delegates in tho re-
pori u,feady made by your committee, that Nelson
= Dawson, fhe High Sheriff Of The county did not
condue, the election at the courthouse, but did at,
tend and oiiciae ope ofthe board Of scrutiny.
tfthni 1ghRherlf Of tho county had right TO act,
deputies who had conducted Tie cssrlrtnr 81 hia
court house, there can be no doubt thut the board
was properly constituted, ard that its proceedings
were strictly conf1fmdLle to law. But your COM
nit,ee are Of opinion that na3lnuch as the law, IN
designating tho persons who shall ccmpose Tbs
board Of scrutiny, requires the attendance OF thc
sheriff or other officer winj conducted the election
at the courthouse, II must have been the design Of
the Legislature that the sheriff should acndthe
scrutiny only in ease he had held the election att
courthouse bnt that the deputy, il he had exercised
tho function OF the sheriff in the one case, soOald
also perform his duty in the case, should also PEI,
form his duty in the other. The phraseologY 81 ile
law is identical in that part winch relates T. the
officers making the return, and in that whish pro
,des for the organization of the board OF SCRUTINY
in both il u.s. "the ehorlA or other oflaef fwbo con
duc ted the election at the couft-hnuse 3hs your
committee felt bound 10 ppt the same construction
upoa these words in the latter case taat Tie lorss
! had done in the former WhetleE 10th ihe espp-
ties could oficiae al the board, end abet'.ef, ~
that ca So they should jointly ssycraIiy, .9pt
committee did not Doom IL necessary to inqnits Dr.
cause neither fact acted but tie absence Ct Bpih
aud the actual presence ofthe principal a. i1efi-
Der Of the board, departure rom the ~"
which might materially effeet the result
| The law is peremptory in requiring thas 'aaars'
| gpaI polls should be revised, and does not aiso "
the scrutiny to be dispensed Win except by cef'
sent of the candidates given IN waiting fS.f
committee Of opinion therefore 'hat The sefais,s
in this case although not strictly iegai Is 80 N
entitled 20 considerations that the return gtsen ~
+ the deputies to Robert Camm, predleated upon ttc
original poll is not sufficient to sntitie him e
scat in the House Of Delegates while It Is equally
anonren, that DavI : Garland, cannot be SAID 70
have been duly elected because Of the iile8aty OF
tho board.
Rcs9iued Therefore, as The opinion Of the COM
micc that the election OF delegate TO the present
General Assembly froo. Tie county Of Amhefss DC
rnc Ard iiid set uslde.