Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1840-01-16
GENERAL ASSEMBLY OF VIRGINIA.
HOUSE OF

SANtAh |
On Mr.. fenable's mot ION. the order n, the !
day Tor tho election of Senator of the L.. )
vas postponed until TO morrow.
Inc resolution submitted Yesterday icon !
corning the President os the Bank OF Virgin.
"a which was under consideration when the
House ADJOURNED, was rcsumed: rpon which.
hr Smith OF J.. OF w. with TIA copsent o;
the House, withdrew his motion To- postpone
the resolution indefinitely, aud then, on Mr..
>tepheLsons motion, II was laid upon the
table.
MARSHALL CONTESTED ELECTION.
The Report of the Committee OF Elections
upo3 the Memorial OF Ebert III. Caldu ell,
complaining of the undue elec tion Of John
Scott, the Delegate from Marshall couniy,
was aiken up on Mr.. Southall's motion.
The 3oih resolution, declaring the votes of
J"hn Moore and twelve others, (giveu TO L.
IL. Caldwell, J illegal was agreed 10.
The 3lst reso!ut on gave rice to a great
deaf OF debate. IL declared the vote Of Tur>
ncr Parriot,, gwen 20 +. IL. CtId we'll Tile
gal. The vote was taken by ayes and noes
as fol ow':-Ayes 56. noes 81.
The 32j. 33d and Bath resolutions we're
adopted.
The 35th resolution declared the vote Of
James Gaines illegal. On Air. Chapman
motion, the recisioR ofthe Cummittee wasr re
versed, lin pursuance, Mr.. &. stated. of the
decision already made by the House.)
The 80 h resolution declaring the vote of
Eli Talbut illegal, was also, on Mr.. $ ephen-
sons motion, reversed.
The 31th resolution was confirmed.
The Ssh declaring the vote Of Davis NJ
Psrriott illegal. called forth much discussion.
and was haaliy confirmed by ayes aud noes
Ayes 20, noes SO.
the Both resolution, agreed to-.
The 4O'h resolution declaring the vote O,
Thomas Burroughs Illegal was under discus.
SION, when Mr. Gibson moved to lay the re.
port on the table, with a view Of acting on
his motion to ADJOURN over till q O'Clock in
'he evening, IN order To get through The Re.
port MS room as possible. But the moti,n
tailed, and the discuss on on the doth reso!u-
ton proceeded.
But before any question was taken, the
House aGJourned on Mr. Chapm,n's motion.
"WEDNESDAY, January 8, $40.
A communication was received from the
Senate. to the folln wing effect:
The Senate have passed the bills, entitled.
An act TO auihorlzs a separate election at VI |
ford. in The county Of HarrisoD-An act
changing the time Of holding the Circuit Su
perior Court of Randolph county-and An ncr
TO amend ano explain the act, e~ptitled, an act.
establishing tie county uf Pulaski out oC parts
Of the counties of Montgomery and wy,hp.
On motion Of Mr. Hodges, RES LIVED Tba
the for Courts OF Justice be in
s'rdcted to i:qu're into the expedlcncy orso
amending the 18th ~sectihn Of the act, emit.
iIeo' IAN act directing The course of descent
IS 10 cS'ead the exception therein Ia all per.
sons, being IN venire a mere at the time the
cescent be cast. who woulG be heirs OF the in
tHsiate, Tin being and capahl. Of TAX ny in
ia" US heirs at the intcstate's death.
senatorial ELErTIoS.
Mr.Jacksnn, with the vi, W of being able
I IN nnEGNhln o n U~N -
election from Marshall to-day. moved 10 po.,-
pone the o.der of The day-.he Resolution
relating TO the election of Senator-untl to-
morrow.
Mr.. Ridley aud Mr. May opposed he mo-
ton 10 postpone.
MIR. Crurchfeld was ind # rent on the SUBJ
lect. lie wished to save the time of the
House, and # by taking up the resolution
would DO ;ha:-be hoped IL would be done.
Mr.. Jackson said, he thought there could
o. no more important matter before this
House, than the determination Of who were
ent tied to seats. III this Hodse. Under tina,
impress'oa, he h1d desired To dispatch the
contested electors before any other business
But hiding he could not accomplish his OBJ
J"ci, he wiihd'ew his motion to postpone.
The resolution was then taken M.
Mr.. May moved TO str Ike out '.l3th," and
insert "23rd" inst. Agreed to-ayes 73. noes
not counted.
The resolution as amended. fxinp the 23rd
met. for the election Of u. S. Senator, was
then adopted.
MARSHALL CONTESTED ELECTION.
Inc House resumed tbe consideration of
the report on the contested election from,
Marshall.
The 4Oth resolution, declaring the vote Of
hos. Burroughs illegal, was further discuss
Mr.. Stephenson reud a decision in the case
OF the contested election between Bolts and
whiting, directly opposed TO he resolution
oi the cou mI'tee. That decision was made
oy a vote OF 100 TO ll-.ha member from
h'Droe, and many others, now members. yo.
ting to affirm The legality of the vote.
Mr. Chapman replied, and adduced a CASE
from the contested election from Powhatan in
support OF the decision Of the committee.
Nj. Scott off said the question in con-
tFoversy had been decided both wsvs AZ for.
mer sessions-once IN favor Of the resolution
as IN the case in the Powhat an con tested
eIect'oI' when party spirit ran high here,
ano once IN opposition TO the resolution, a. "
The case quoted by the gentleman from TYLER,
IN the contest between Bolts and Whiting
a decision concurred in by gentlemen Of ali
parties al the time. But he would ascribe
no especial virtue to the urDaI, and would
coneede that one cOBficting decision neutral.
ed the other, aud rest the determination of
tbe question upon its own intrinsic merits
lie theb PROCEEDED 10 argue at length in on
position TO the resolution e the committee.
demonstrating that such title To real properly
as may De enforced in C uut Of equi,y-the
point ~ dispute-gaye a right To yo e.
ne discussion was continued by Messrs.
Banks Chapman, Scout % f., and Lee. and
the House resolved to concur IN the resolution
81 the COMMITTEE by the following vote
ayes ~. uOes co ]
ms vote establishes the principle that one
having such title to land rs may be enf0 reed
IN EQUITY is a good voter.
The 4lst,42d 43d 44th'and 45th resolutions
o. The committee we're concurred in without
opposition.
MI Fontaine made n mot ion 10 amend the
46Lh resolution. by sinklnr nut .lcnaIn nrh