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H. OF R.

Process in Federal Courts Western Roads.

NOVEMBER, 1811.

The House refused to proceed to the consider.

THURSDAY, November 28. ation of Mr. Rhea's resolution-yeas 44, nays 69. Two other members, to wil: WILLIAM PAULD

Mr. Rhea then moved the order of the day on ING, jun., from New York, and CHARLES GOLDSthe bill providing for the government of Louisi- BOROUGH, srom Maryland, appeared. produced their ana; which the House also refused to take up. credentials, were qualified, and took their seats. PROCESS IN FEDERAL COURTS.

The annual report of the Secretary of the The House resolved itself into a Committee of Treasury, respecting the regulation of the cur. the Whole on the bill providing for the more

rency of foreign coins, was laid before the House convenient taking of affidavits to be used in civil by the SPEAKER, and ordered to lie on the table. cases in the courts of the United States, and to Mayor and Aldermen of the city of New Orleans,

Mr. MORROW presented the petition of the provide the mode of taking bail in certain cases.

.fThe bill goes to authorize certain judicial praying that Congress will invest the right to a officers in each State, such as the Chancellor and certain lot of land lying in the city of New OrJuuges of the Superior Couris, &c., to receive leans, in the corporation thereof, on which it is bail and take affidavits to be used in civil cases

proposed, under an act of the said corporation, to in the courts of the United States.]

erect steam engines, and the necessary buildings Considerable conversation took place between by which it is contemplated to supply the said Messrs. Gold, Gholson, McCoy, King, Fisk, city with water. CHEVES, MILNOR, CLAY, (Speaker,) KEY, and

Mr. BACON moved the following resolutions, Ely, on the principle as well as on the derails of

which were agreed to : the bill.

Resolved, That the Committee of Ways and Means It appeared, from what was said by differentuing in force, for a further time, an act, entitled “ An

be instructed to inquire into the expediency of contingentlemen, that there was no uniform rule pre: act continuing, for a limited time, the salaries of the scribed in such cases by the laws of the United officers of Government therein mentioned,” and have States; that whilst in New York and Pennsyl- leave to report by bill or otherwise. vania, clients frequently had to travel three or Resolved, That the Committee of Ways and Means four hundred miles to the district Judge, or to be instructed to inquire into the expediency of continthe office of the clerk of the couri, to make affid- uing in force for a further time the first section of an avit or to enter bail; yet in Kentucky, Maryland, act, entitled “ An act further to protect the commerce and Massachusetts, affidavits were made or bail and seamen of the United States against the Barbary entered before any authority commissioned to do Powers,” and that they have leave to report by bill or the same as to the State courts. The bill was, otherwise. objected to, therefore, principally on two grounds; Mr. Morrow moved the following resolution, because it abridged the rights of the people of predicating it on the late unfortunale occurrence those States where the greatest latitude of indul- on the Wabash: gence already existed, and because the courts of Resolved, That the President of the United States the United States were authorized to make such be authorized to loan to the State of Ohio - stand rules and regulations in this case as they should of arms, with bayonets and cartouch boxes, and ihink

proper. There appearing, however, to be pieces of field artillery, on the Legislature of that State much difference of opinion on the subject among making such provision by law as shall, in his opinion, the legal characters of the House, the committee afford security for their safe-keeping and return, save rose, and the bill was recommitted to the com

the damage and loss incident to use and accident in

actual service. mittee who reported it, to which on motion of Mr. Gold, four other members were added, viz:

The resolution was referred to a Committee of Mr. Caeves, Mr. Key, Mr. Ely, and Mr. Ghol.the Whole.

Mr. JENNINGS moved the following resolution, which was agreed to:

Resolved, That a committee be instructed to inquire WEDNESDAY, November 27.

into the expediency of allowing the qualified voters in Mr. Gholson made an unfavorable report on the several counties in the Indiana Territory to elect the claims of several petitioners barred by the their sheriffs in their respective counties, and that the statutes of limitation.-Referred to a Committee said committee inquire likewise into the expediency of of the Whole.

allowing appeals in certain cases, from the Territorial The engrossed bill for the relief of Josiah H. courts to the courts of the United States, and what Webb, was read a third time, and passed.

amendments, if any, are necessary to be made to an Mr. Morrow reported favorably on the petition act entitled “ an act to divide the Indiana Territory of sundry land claimants in Mississippi Territory, into two separate governments," with leave to report praying for an extension of time for paying the by bill, bills, or otherwise. last instalment on purchases of public lands.-Re

Messrs. JENNINGS, Sevier, New, Roberts, committed to the Land Committee, to report a

Wilson, MORGAN, and Maxwell, were appointed bill thereon.

the committee. The House went into a Committee of the

WESTERN ROADS. Whole, on the report of the Committee of Elec Mr. Morrow made a report of the committee tions, on the contested election of John P. Hun appoiuted on the 11th instant, “ to inquire into the GERFORD. Before any decision could be had, the expediency of laying out and making the roads Committee rose, and the House adjourned., contemplated by the Treaty of Brownstown,"

SON.

NOVEMBER, 1811.

Foreign Relations.

H. of R.

which was read and committed to a Committee That they have endeavored to give to the subject of the Whole. The report is as follows: submitted to them that full and dispassionate consid

That the roads contemplated by the said treaty have eration which is due to one so intimately connected for their object the opening a communication by land with the interest, the peace, the safety, and the honor between the Territory of Michigan and the different of their country. settlements in the State of Ohio, and generally with the Your committee will not encumber your journals, other parts of the United States. ' A view of the geo- and waste your patience with a detailed history of all graphical position of the Territory of Michigan, situate the various matters growing out of our foreign relaas it is, bordering for a considerable extent on the Brit- tions. The cold recital of wrongs; of injuries and agish provinces of Upper Canada, bounded on the east, gressions known and felt by every member of this north, and west, by water, and on the south by an ex- Union, could have no other effect thạn to deaden the tensive tract of country to which the Indian title re national sensibility, and render the public, mind calmains unextinguished, convinces the committee of the lous to injuries with which it is already too familiar. utility and necessity of the proposed roads. They Without recurring, then, to the multiplied wrongs would subserve to the convenience of the citizens in of partial or temporary operation, of which we have their ordinary intercourse of the Government in the so just cause of complaint against the two great bellig, transportation of the public mail; and, especially in an erents, your committee will only call your attention, emergency, would be necessary for military operations. at this time, to the systematic aggression of those Pow.

The distance from the rapids of the Miama of the ers, authorized by their edicts against neutral comlakes to the Western boundary of the Connecticut Re- mercema system, which, as regarded its principles, serve is about thirty-five miles, and from the lower San- was founded on pretensions that went to the subverdusky, in a southwardly direction, to the old Indian boun- sion of our national independence; and which, aldary line, is about seventy miles; making proper allow- though now abandoned by one Power, is, in its broad ance for windings in the roads, so that they may be made and destructive operation, as still enforced by the other, on the best ground. The aggregate length of road pro- sapping the foundation of our prosperity. posed to be made may be estimated at one hundred It is more than five years since England and France, and twenty miles; but, however great the advantage, in violation of those principles of justice and public and immediate the necessity of these roads, it is not law, held sacred by all civilized nations, commenced probable that the object will be accomplished for many this unprecedented system by seizing the property of years to come, unless the United States provide the the citizens of the United States, peaceably pursuing funds., The Territory of Michigan is destitute of the their lawful commerce on the high seas. To shield means, and the proposed roads are without the limits themselves from the odium which such outrage must of her territorial jurisdiction; the State of Ohio, with incur, each of the belligerents sought a pretext in the limited public resources, and multiplied demands for conduct of the other--each attempting to justify his extensive improvements on the roads within her settle, system of rapine as a retaliation for similar acts on ments ; it is not to be expected that either will afford the part of his enemy. As if the law of nations, the funds necessary to accomplish the proposed object. founded on the eternal rules of justice, ceuld sanction The committee are of opinion that provision ought to a principle, which, if ingrafted into our municipal be made for laying out and making the said roads, and code, would excuse the crime of one robber, upon the that they ought to be located of the width proposed by sole plea that the unfortunate object of his rapacity the said treaty.

was also a victim to the injustice of another. The The House again resolved itself into a Como fact of priority could be true as to one only of the par. mittee of the Whole on the report of the Com. ties, and whether true or false, could furnish no ground mittee of Elections on the petition of John Tal- of justification. iaferro, contesting the election of John P. HUN- The United States thus unexpectedly and violently GERFORD. Before any decision was bad, the assailed by the two greatest Powers in Europe, withCommittee rose, and the House adjourned. drew their citizens and property from the ocean: and

cherishing the blessing of peace, although the occasion

would have fully justified war, sought redress in an FRIDAY, November 29.

appeal to the justice and magnanimity of the belligerThe House took up the resolution submitted ou ents. When this appeal had failed of the success the 26th, calling on the Executive for information which was due to its moderation, other measures, respecting impressments, which was agreed to; founded on the same pacific policy, but applying to and Mr. Little and Mr. Reed appointed a côn the interests instead of the justice of the belligerents, mittee to present the same to the President.

were resorted to. Such was the character of the nonThe House proceeded to consider the amend- intercourse and non-importation laws, which invited ments of the Sepate to the bill " extending the the return of both Powers to their former state of amitime for opening the several land offices in the cable relations, by offering commercial advantages to Territory of Orleans;" which were, together with the one who should first revoke his hostile edicts, and the bill, committed to the Commiitee on Public imposing restrictions on the other. Lands.

France, at length, availing herself of the proffers FOREIGN RELATIONS.

made equally to her and her enemy, by the non-impor.

tation law of May, 1810, announced the repeal, on the Mr. PORTER, from the Committee on Foreign first of the following November, of the decrees of BerRelations, made the following report, which was lin and Milan. And it affords à subject of sincere referred to a Committee of the Whole :

congratulation to be informed, through the official or. The committee to whom was referred that part of gans of the Government, that those decrees are, so far the President's Message which relates to our foreign at least as our rights are concerned, really and practi. affairs, beg leave to report in part :

cally at an end.

sions.

H. OF R.
Foreign Relations.

NOVEMBER, 1811. It was confidently expected, that this act on the in the privation of protectors and parents, have, of part of France would have been immediately followed late, been drowned in the louder clamors at the loss of by a revocation on the part of Great Britain of her property; yet is the practice of forcing our mariners Orders in Council. If our reliance on her justice had | into the British navy, in violation of the rights of our been impaired by the wrongs she had inflicted, yet, fag, carried on with unabated rigor and severity. If when she had plighted her faith to the world that the it be our duty to encourage the fair and legitimate sole motive of her aggression on neutral commerce commerce of this country by protecting the property was to be found in the Berlin and Milan decrees, we of the merchant; then, indeed, by as much as life and looked forward to the extinction of those decrees, as liberty are more estimable than ships and goods, so the period when the freedom of the seas would be much more impressive is the duty to shield the persons again restored. In this reasonable expectation we of our seamen, whose hard and honest services are have, however, been disappointed. A year has elapsed employed equally with those of the merchants in adsince the French decrees were 'rescinded, and yet vancing, under the mantle of its laws, the interests of Great Britain, instead of retracing pari passu that their country. course of unjustifiable attack on neutral rights, in To sum up, in a word, the great causes of complaint which she professed to be only the reluctant follower against Great Britain, your committee need only say, of France, has advanced with bolder and continually that the United States, as a sovereigu and independent increasing strides. To the categorical demands lately Power, claim the right to use the ocean, which is the made by our Government for the repeal of her Orders common and acknowledged highway of nations, for the in Council, she has affected to deny the practical ex purposes of transporting, in their own vessels, the tinction of the French decrees, and she has, moreover, products of their own soil and the acquisitions of their advanced a new and unexpected demand, increasing own industry, to a market in the ports of friendly nain hostility the orders themselves. She has insisted, tions, and to bring home, in return, such articles as through her accredited Minister at this place, that the their necessities or convenience may require--always repeal of the Orders in Council must be preceded, not regarding the rights of belligerents, as defined by the only by the practical abandonment of the decrees of established laws of nations. Great Britain, in defiance Berlin and Milan, so far as they infringe the neutral of this incontestable right, captures every American rights of the United States; but by the renunciation vessel bound to, or returning from, a port where her on the part of France, of the whole of her system of commerce is not favored ; enslaves our seamen, and in commercial warfare against Great Britain, of which spite of our remonstrances, perseveres in these aggresthose decrees originally formed a part.

This system is understood to consist in a course of To wrongs so daring in character, and so disgracemeasures adopted by France and the other Powers on ful in their execution, it is impossible that the people the Continent subject to, or in alliance with her, cal of the United States should remain indifferent. We culated to prevent the introduction into their territo- must now tamely and quietly submit, or we must reries of the produce and manufactures of Great Britain sist by those means which God bas placed within our and her colonies; and to annihilate her trade with reach. them. However hostile these regulations may be on Your committee would not cast a shade over the the part of France towards Great Britain, or however American name by the expression of a doubt which sensibly the latter may feel their effects, they are, nev. branch of this alternative will be embraced. The oc. ertheless, to be regarded only as the expedients of one ! casion is now presented when the national character, enemy against another, for which the United States, | misunderstood and traduced for a time by foreign and as a neutral Power, can, in no respect, be responsible ; | domestic enemies, should be vindicated. If we have they are, too, in 'exact conformity with those which not rushed to the field of battle like the nations who Great Britain has herself adopted and acted upon in are led by the mad ambition of a single chief, or the time of peace as well as war. And it is not to be pre- avarice of a corrupted court, it has not proceeded from sumed that France would yield to the unauthorized a fear of war, but from our love of justice and humandemand of America what she seems to have consid- ity. That proud spirit of liberty and independence' ered as one of the most powerful engines of the pres which sustained our fathers in the successful assertion ent war.

of their rights against foreign aggression is not yet Such are the pretensions upon which Great Britain sunk. The patriotic fire of the Revolution still burns founds the violation of the maritime rights of the Uni- in the American breast with a holy and unextinguishted States--pretensions not theoretical merely, but fol- able flame, and will conduct this nation to those high lowed up by a desolating war upon our unprotected destinies which are not less the reward of dignified commerce. The ships of the United States, laden moderation than of exalted valor. with the products of our own soil and labor, navigated But we have borne with injury until forbearance by our own citizens, and peaceably pursuing a lawful has ceased to be a virtue. The sovereignty and indetrade, are scized on our own coasts, at the very mouths pendence of these States, purchased and sanctified by of our harbors, condemned and confiscated.

the blood of our fathers, from whom we received them, Your committee are not, however, of that sect not for ourselves only, but as the inheritance of our whose worship is at the shrine of a calculating avarice. posterity, are deliberately and systematically violated. And while we are laying before you the just com- | And the period has arrived, when, in the opinion of plaints of our merchants against the plunder of their your committee, it is the sacred duty of Congress to ships and cargoes, we cannot refrain from presenting call forth the patriotism and resources of the country. to the justice and humanity of our country the un. By the aid of these, and with the blessing of God, we happy case of our impressed seamen. Although the confidently trust we shall be enabled to procure that groans of these victims of barbarity for the loss of redress which has been sought for by justice, by re(what should be dearer to Americans than life) their monstrance, and forbearance, in vain. liberty; although the cries of their wives and children Your committee, reserving for a future report those

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NOVEMBER, 1811.

Virginia Contested Election.

H. OF R.

ulterior measures, which, in their opinion, ought to be persons who voted for the former, and 38 persons who pursued, would, at this time, earnestly recommend, in voted for the latter gentleman, appear not to have been the words of the President, “ that the United States | legally qualified voters. be put into an armor and attitude demanded by the That of the polls taken for the county of Lancaster, crisis, and corresponding with the national spirit and Mr. Taliaferro had 122 votes and Mr. Hungerford 96 expectations. And, to this end, they beg leave to votes ; and that on such comparison as aforesaid, 20 submit, for the adoption of the House, the following persons who voted for the former gentleman, and 20 resolutions :

persons who voted for the latter, appear not to have 1. Resolved, That the Military Establishment, as been legally qualified voters. anthorized by the existing laws, ought to be immedi- That of the polls taken for the county of Northumately completed by filling up the ranks, and prolong- berland, Mr. Taliaferro had 228 votes and Mr. Hung. ing the enlistment of the troops; and that to encour- erford 75 votes ; and that on such comparison as aforeage enlistment, a bounty in lands ought to be given in said, 35 persons who voted for the former gentleman, addition to the pay and bounty now allowed by law. and 1 person who voted for the latter, appear not to have

2. That an additional force of ten thousand regular been legally qualified voters. troops ought to be immediately raised to serve for three That of the polls taken for the county of King years; and that a bounty in lands ought to be given George, Mr. Taliaferro had 114 votes and Mr. Hungor. to encourage enlistments.

ford 125 votes; and that, on such comparison as afore· 3. That it is expedient to authorize the President, said, 38 persons who had voted for the former gentleunder proper regulations, to accept the service of any man, and 50 persons who voted for the latter, appear pumber of volunteers, not exceeding fifty thousand; to not to have been legally qualified voters. be organized, trained, and held in readiness to act on That of the polls taken for the county of Stafford, such service as the exigencies of the Government may Mr. Taliaferro had 159 votes and Mr. Hungerford 26 require.

votes; and that, on such comparison as aforesaid, 29 4. That the President be authorized to order out, persons who voted for the former gentleman, appear from time to time, detachments of the militia, as in his not to have been legally qualified voters. opinion the public service may require.

The result of such examination and comparison is, 5. That all the vessels not now in service belonging that deducting from both polls the persons challenged, to the Navy, and worthy of repair, be immediately fit- who do not appear to have been qualified to vote ac, ted up and put in commission.

cording to the land lists of 1810, Mr. Taliaferro has a 6. That it is expedient to permit our merchant ves- majority over Mr. Hungerford of 121 votes. sels, owned exclusively by resident citizens, and com- The committee further report, that on the 7th day manded and navigated solely by citizens, to arm, under of May last, the petitioner gave notice to the sitting proper regulations, to be prescribed by law, in self-member of his intention to contest the election, on the defence, against all unlawful proceedings towards them ground that the former had a majority of the legal and 'on the high seas.

qualified votes, and that such notice was accompanied CONTESTED ELECTION.

by a list of the persons challenged by the petitioner, The House resumed the consideration of the sitting member furnished the petitioner with a list of

with his objections to them. On the 28th of May, the unfinished business, viz: the report of the com- the persons challenged by bim, setting forth his objecmittee on the petition of John Taliaferro, contestations against such voters. These lists contain, as well ing the election of John P. HUNGERFORD, which the names of the persons who the committee find not said report is as follows:

to be on the land lists, as others who are challenged by The Committee of Elections, to whom was referred the parties for the want of the freehold qualification, the petition of John Taliaferro, contesting the election and for other causes. of John P. Hungerford, returned, as one of the Rep That on the 27th day of September last, the petitionresentatives for the State of Virginia, in the present er gave notice in writing, subscribed by him, to the sitCongress, and praying to be admitted in his stead, have ling member, that testimony would be taken in relation had the said petition under consideration, and report, to the present controversy, and to be used in the deci.

sion of the same, at King George court-house on the That, at the last General Election in Virginia for 10th; at Westmoreland court-house on the 17th ; and Representatives to Congress, the said John Taliaferro at Richmond court-house on the 22d of October; and and John P. Hungerford were opposing candidates in that the petitioner, agreeable to such notice, has taken the district composed of the counties of Westmoreland, sundry depositions, which are now before the commitRichmond, Lancaster, Northumberland, King George, tee ; but the sitting member did not attend such examand Stafford : from the polls of the several counties, ination, for reasons stated by him in a protest which the sitting member appears to have obtained a majority he caused to be delivered to the petitioner. of six votes in the district, and he was accordingly re- The committee further state, that they made the torned as elected.

comparison of the polls with the land lists, at the partiThat of the polls taken for the county of Westmorc- cular request of the petitioner, and for the purpose of land, John 'Taliaferro had 37 votes and John P. Hung- reducing the controversy before them as much as poserford 316 votes; and that, on comparing the poll with sible; and that they were induced to this course from the land list of the year 1810, and taking the list as a adopting as a principle, that, according to the laws of test, it appears to the committee that 9 persons who Virginia, the land list of the year prior to the election voted for the former, and 162 persons who voted for the is, in the first instance, to be received as evidence of latter gentleman, were not qualified to vote.

all the freeholders in the county: but this evidence they That of the polls taken for the county of Richmond, conceive, and so it was admitted by the parties, is only Mr. Taliaferro had 10:3 votes, and Mr. Hungerford 130 conclusive in the absence of all other evidence; and votes ; and that, on such comparison as aforesaid, 12) they accordingly are of opinion, that it is competent for

in part,

H. OF R.

Virginia Contested Election.

NOVEMBER, 1811.

voters.

the parties to show, by other testimony, that persons sheriffs and two of the deputy sheriff's who attended to appearing on the land list are not freeholders, and thus compare the polls, that if an equality of votes had apnot entitled to vote; and on the other hand that persons peared, they would have voted for the petitioner, which not appearing on the land lists are freeholders and certificate was transmitted by the magistrate, before

whom it was attested, to the clerk of this House, at the The sitting member, before such examination was request of Mr. Taliaferro, to be retained until called for gone into, asked for time to take testimony, under by him. the conviction that in a reasonable period, to be fixed This, the petitioner alleges, ought to be regarded as hy the committee, he would be able, by evidence to be the commencement of his testimony, and contends that taken, to support his challenges and his poll, and he it not only advertised the sitting member that his seat still requests such time to be allowed to him: the peti- would be contested, but made it necessary for him tioner, on the other hand, has at all times opposed such forthwith, and without further notice or act on the part request, on the ground that the sitting member has had of the petitioner, to proceed to his examinations. The sufficient time, since he was apprized that the election committee, however, have nothing before them which would be contested, to procure his testimony.

goes to show distinctly the object of the petitioner in The committee are aware that some inconvenience procuring the certificate; nor can they, in any point of must arise to the petitioner, if this contest is laid over view, consider it as such a prelude to the scrutiny as for any time; but they think the right of suffrage ought to require from the sitting member that he should pronot to be hazarded or destroyed on account of any in- ceed to his canvass. dividual inconvenience. If there has not been gross

The committee, therefore, upon a view of all the cirneglect in the sitting member, the committee conceive cumstances of the case, are of opinion, that further that it is due to the electors of the district who polled time ought to be granted to the sitting member to profor him, and to himself, not to hurry his case to a deci- cure testimony, and they accordingly submit the folsion without affording them and him an opportunity to lowing resolution: make good the election, if they can do it.

Resolved, That a reasonable time be allowed to John It has already been stated, that the petitioner gave P. Hungerford, a member of this House, to procure notice of his intention to contest the election, to the testimony relative to his election, and that the Commit., sitting member, on the 7th of May; and this the former tee of Elections have power to examine witnesses, and contends was sufficient to put the latter to the task of to make order for such examinations in the case of the collecting and arranging his proof; your committee see,

said election. however, that this proceeding was modelled on the laws WESTMORELAND County, April 29, 1811. • and usages of Virginia, and according to them it is

SIR: The enclosed document was taken, signed, regarded as a mere incipient step, calling for no pro- and sworn to, by the subscribing gentlemen, in the ceeding from the other party. Such a notice on the heel presence of John Taliaferro, Esq., General Hungerof a contested election, is an index to the feelings of ford, and myself, at a meeting of the sheriffs at Westthe person giving it, but not always the proof of a set- moreland..court-house, for the purpose of comparing tled determination. As the period of the election re- the Congressional poll for the counties of Stafford, cedes, and the difficulties attending a canvass become King George, Westmoreland, Richmond, Lancaster, more apparent, the unsuccessful candidate sometimes and Northumberland; and which paper I herewith abandons his notice and his scrutiny. It ought not, transmit to you, at the request of Mr. Taliaferro, to be therefore, to be required of the person returned, for retained by you until called for by him. such cause alone, to wade through all the trouble, dif- I am, sir, yours, &c. ficulty and expense of a tedious examination, while it

THOMAS ROWAND. remains doubtful whether his opponent will proceed:

PATRICK MAGRUDER, Esq., it is surely in season to begin to take defensive testi

Clerk of the House of Reps., U. S. mony when the opposing party has commenced the We, the undersigned sheriffs, who have assembled investigation.

at Westmoreland court-house, on the 29th day of The notice given by the petitioner on the 27th of April, 1811, to count and compare the polls taken in September, for the examinations on the 10th, 17th, and our respective counties for a delegate to serve in the 220 of October, the committee have accordingly regard House of Representatives for the Congress of the Unied as the first efficient measure towards the scrutiny, ted States, do certify that, if an equality of votes had and they are satisfied that in a district composed of appeared on the whole of the poll, we should have six counties, and in a case where the votes challenged voted in the following manner: exceeded four hundred, it was noť practicable for the

Richard Claughton, deputy sheriff for Thomas sitting member to take his testimony in season for the Hurst, sheriff of Northumberland, should have voted commencement of this session. A notice given by him for John Taliaferro. William S. Sterne, deputy sherafter the 29th of September, would not have been iff for Enoch Mason, sheriff of Stafford, should have deemed reasonable for an earlier day than the 10th of voted for John Taliaferro. J. Diggs Dishman, sheriff October; nor would it have been allowed in him to of King George, would have voted for John Taliaferro. call the petitioner from his own examinations, which Joseph Carter, jun., sheriff of Lancaster, would have were to continue until after the 22d of October : after voted for John Taliaferro. the 22d of October, it is not possible to conceive that STATE OF VInginia, Westmoreland county, to wit : the sitting member could procure his evidence, allow- This 29th day of April, 1811, the aforesaid Richard ing him time before the first day of the session to travel Claughton, William 8. Sterne, James D. Dishman, to the seat of government.

and Joseph Carter, jun., made oath before me, a jusThe committee, in addition to the facts already stated, tice of the peace for said county, that they would have report, that it appears to them that on the 29th day of given their vote in the manner as above stated by April last, being the day of the canvass, the petitioner them. Given under my hand the day and year above. procured the certificates, under oath, of two of the

THOMAS ROWAND.

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