Constitutional Whig

GENERAL ASSEMBLY
HOUSE OF DELEGATES.
Friday, Dec. 23,

On motion of Mr. Erskine, the Committee of Schools and Colleges, was instructed to enquire into the expediency of making an annual appropriation from the Literary Fund to Lewisburg Academy in Greenbrier.

On motion of Mr. Street, the Committee of Claims were instructed to enquire into the expediency of allowing Wm. Bayley late Deputy Sheriff of Lunenburg, the sum of $32 52 the amount of an insolvent list for the year 1825, the same having been disallowed by the auditor, being barred by the act of limitations.

On motion of Mr. Zinn, the Committee of Finance was instructed to enquire into the expediency of amending the law of April 1831, concerning Delinquent Lands, so as to provide that all lands returned delinquent previously to 1820, shall be exonerated from the arrears of tax charged thereon, provided the amount thereof exclusive of damages, shall not exceed five dollars.

Mr. Miles from the Joint Committee to examine the Treasurer's Accounts, made a report very complimentary to the condition of that office. According to the Report, the amount on hand the 31st October last of ordinary revenue was $106,595 71-Literary Fund $359,527 80-Internal Improvement, $58,021 62-James River Company. $67,969 26--Aggregate $592,111 39.

To which add the difference between the Receipts and Disbursements to this day, $203,135 85-

On hand at this day $495,550 21.

The Committee conclude that it clearly appears all the money of the Commonwealth is duly accounted for.

On motion of Mr. Miller, the Report was ordered to be printed.

On motion of Mr. Williams of Harrison, leave was given to bring in a bill changing the Counties composing the 18th. 19th and 20th Circuits of the Superior Courts of Law and Chancery, and the times of holding said Courts.

On motion of Mr. Wirtcher, the Committee of Claims was clothed with power to send for persons and papers to enable them to investigate the claims of Daniel Matthews and others.

Mr. Williams of Harrison presented the petition of A. Berkley, concerning certain lands in Fayette and Giles.

Mr. Wood of Albemarle, presented a petition of the Rivanna Navigation Company.

Mr. Anderson of Botetourt, presented a memorial from that County, asking the law authorizing Jacob Price and others to erect a toll gate, be amended.

Mr. McIlhenny presented a memorial from Loudoun, and Mr. Mullen one from Powhatan, on the subject of free negroes, &c.

On motion of Mr. Stansbury, leave was given to bring in a bill, authorizing Jacob Hilzer to establish a ferry across the Ohio River.

Mr. Wirtcher presented a petition from Pittsylvania, asking the former number of militia musters to be restored.

Mr. Faulkner presented the petition of Chis. D. Stuart Deputy Sheriff of Berkeley, asking to have credited to him the amount of certain militia delinquencies.

On motion of Mr. Broadus, the Auditor of Public Accounts was required to furnish the House with the amount of money expended in publishing the Delinquent lists so far as he has proceeded, also the amount received into the Treasury on account of Delinquent Land Tax: And his estimate of the probable expense of completing the lists and publishing the same as required by the Act of Assembly of April 1. 1831.

On motion of Mr. Barbour, the Committee of Courts of Justice was instructed to enquire whether any, and if any, what amendments are necessary to the laws now in force relative to the appointment and duties of Commissioners in Chancery; also to the laws authorizing interrogatories to be filed in certain cases in actions at law; also to the laws authorising judgments and decrees to be revised by writ of scire facias; and also whether some judicious method of accelerating prosecutions for misdemeanors cannot be effected.

Mr. Marshall. asked to have taken up the report of the contested election from Monroe.

Mr. Wilson of Bot. opposed the motion on account of the thinness of the House-it was supported by Messrs. Davis, Campbell. of Brooke, Crockett and Summers, and carried by a large majority.

The Committee report, after reciting the rules by which they had governed the investigation, that John H. Vawter the contesting candidate, has a majority of 18 votes over Jno. W. Kelley the sitting member, and therefore declare him entitled to the seat.

In the Report, the committee decide, that the burthen of proof is on the candidate who has received the vote objected to, and not on him who makes the objection. (Established at last session in case from Orange )

Mr Rives, before the House voted on the resolutions with which the Report concludes, moved to take the sense of the House on the soundness of this rule, which commenced a discussion-Messrs. Rives, and Preston, supporting, and Messrs. Miller, and Davis, opposing the course.

At this point, Mr. Stephenson offered this resolution: Resolved, that the report of the Committee of Privileges and Elections on the memorial of John H. Vawter complaining of the undue election and return of J. W. Kelly from the County of Monroe, be recommitted to said committee with instructions not to strike from the poll of either party any vote objected to by the other party unless the objector shall have given satisfactory evidence of its illegality.

Mr. Rives reviewed the law of the last session, and the reasons of the case at length, for the purpose of sustaining this resolution, and overthrowing the rule which obtained at the last session, and which requires the party whose vote is challenged, to prove its sufficiency, instead of requiring the objector to the vote to prove its illegality.

[This is an interesting as well as a doubtful question. On the one hand, it would seem much easier that the candidate whose vote is objected to, should prove its sufficiency, than the objector- because he holds the affirmative, and because he has only to establish one of the numerous qualifications required by the Constitution, to attach to the voter, whereas the objector would have to show that the voter had none of those qualifications, and would have thus to travel a much greater distance than his adversary who holds the affirmative. On the other hand, if the objector is released from the burthen of proof, he will challenge the whole poll of his adversary, put upon him much unnecessary trouble, and spin out the investigation in the Legislature, to a troublesome and expensive length.]

Mr. Marshall, Chairman of the Committee, replied to Mr. Rives, and sustained the soundness of the rule recognized by the Committee.

Mr. Stephenson now withdrew his resolution, and Mr. Rives offered the following:

Resolved, That the report of the Committee of Privileges and Elections on the memorial of John H. Vawter. complaining of the undue election and return of J. W. Kelly, from the county of Monroe, be recommitted to said Committee, with instructions to consider the corrected poll of the election in said county as prima facie or presumptive evidence of the legality of the votes on said corrected poll.

Upon this resolution a long discussion ensued, in which Messrs. Rives, Marshall, Moore, Brooke, Davis. Powell, and Campbell of Brooke, took part, when it was decided by ayes and noes— Ayes 57, Noes 45.

So the report was recommitted.

Bills passed-1. Authorizing a Lottery for the benefit of the Mechanic Benevolent Society in the Borough of Norfolk; 2. Authorising a separate election at the house of C. Hickle, in Shenandoah; 3. Authorising a Lottery for the benefit of a road from Covington, in Alleghany, by way of the Sweet Springs, &c. to the Red Sulphur Springs in Monroe.

Mr. Mutrix offered a resolution calling on the Auditor of Public Accounts, to exhibit such information, as will enable the House to ascertain whether the Penitentiary Institution or the convicts in it support themselves and pay the officers of the Institution.

On motion of Mr Erskine an enquiry was ordered into the expediency of exempting Wm. Smith's Stages on the Kanawha road from a part of the toll now paid.

On motion of Campbell of Brooke, the House adjourned.