1861.] OF THE SENATE. 9

charity of believing that the failure has .occurred from lack of
ability, but not of will.

JNO. B. BROOKE, JAMES F. DASHIELL,

THOMAS J. McKAIG, J. J. HECKART,

COLEMAN YELLOTT, S. J. BRADLEY,

H. H. GOLDSBOROUGH, TILGHMAN NUTTLE,

D. C. BLACK1STONE, F. WH1TAKER,

C. F. GOLDSBOROUGH, OSCAR MILES,

JNO. E. SMITH, WASHINGTON DUVALL,

ANTHONY KIMMEL, TEAGLE TOWNSEND,

J. S. WATKINS, ANDREW A. LYNCH.

Which was read the first time, and by special order, the second
and third time, and passed by yeas and nays as follows :

AFFIRMATIVE.

Messrs. Brooke, President; Lynch,

Blackistone, McKaig,

Bradley, Nuttle,

Duvall, Smith,

Dashiell, Townsend,

Goldsborough, of Talbot, Watkins,

Goldsborough, of Dor., Whitaker,

Heckart, Yellott—17.
Kimmel,

NEGATIVE—NONE.

Said resolution was then sent to the House of Delegates.

Mr. Miles stated that there was a question as to his right to a
seat in this body, in consequence of a correspondence between
Governor Hicks and himself.

On motion of Mr. Yellott,

Mr. Miles was excused from voting until the question was
settled.

A message was received from the Executive, through the hands
of Grayson Eichelberger, Esq.

[See Document A.]
Which was read.

On motion of Mr. Kimmel,
Five thousand copies were ordered to be printed.