The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-01

ecc,'ons.-Are the committee prepared TO tanc-
ton !uch doctrine VIII they admit, that G.
leetions. on which the fafety and fate of the NJ
ton may fometimcs depend, fhall rcit upon ex-
ecutve will ?
Under the contribution given to the conieitu-
ton b. the committee Of elections, the govern
or may have directed all the citizens Of Wafh-
incton County 70 bold the election at the town
of Wilmington, or AT any other town ne pleaied,
and be may have conveyed The fuperintendaTcc
of it to other officers than thofe appointed by
the peop!e.--the power to iGue writs of election
to fnpply vacancies comprehended every Incl
dental power, and the fpeciai election was
wholly dependent upon executive difcretion
He agreed with the committee of elections in
the lecond point, that ifno law exits TO regu-
late fpecial elections and the election Of Mr..
Hoge is ftt aide, election can be held TO fIp-
ply the vacancy, rntil the legislature of the
fate hal! enact law for that purpofc but he
contended that a law did exin, and that the &C.
neral rule governed the fpecial caft.-The
law for the regulation of the general election
for members of Congrefs was the rule on this
fubjett, and this rule ought to have governed
the fpeciai cafe in quefiion. BY this Lax thr-
~ days notice is to be given; but il this III
fance only one days notice was allowed IF
thirty days notice were deemed not more than
fuiiicient for general election, furely ipeca
election, not lefs important 20 the diRr6t re-
quired an equal time for Information to be diff
futed and confederation to be MANFRED and if
this notice Pointed out by the law had heen gil
ven, he would dare affirm that the refult would
have been extremely different.
The committee of elections fuppofe, that be-
caufe the election was notified for the dav on
which electors ofa PRECEDENT and Vice PRECEDENT
were to be choftn, therefore, it was fuflicicnt
notice. The tefimony upon the table ilewed
4 L.,
the writ had not been received until the 3oth.
and that the advertisement OF the iherifr was not
even prepared for publication untilthe evening
Of the 3lE of O6tober the notice, therefore,
could not have ifIued until Tie morning of the
fri of November, one day before the election
was TO be held.-Thc coNGty of Walhinv!cn
comprehended not efs than FIX elIt9on difroe,
and is extenfive, and he would ak, how il vas
poiibe for the electors &c be Informed in one
day ! lie averred that even in philadclphia,
where there were 70 many daily prints, & where
information could travel with 70 much rapidity,
that even there, one days notice of an election
would not enable tie people to be Informed, &
could this be done in the county ofWafhington
where the population was DILUTED over an ex-
tenlive furfacc II certainly could not.
TIE notice of m election for electors was no
notice of an cls6tion for a member of ConCrefs.
The electoral election excited little attention,
becaute it was not diiputed, and as there was no
oppoiiticn the people remained at home how
then did this operate as i notice? Thofe only
who attended the election could have been inf,2f-
med and was the notice to then! to be taken as
Notice to ell? Would notification of an e
lection for charter officers in any Of our
towns be deemed notice OF ain election
for legiflator of the United Statea, and
if not, by what procefs could the notice in the
prefent cafe be made 10 apply? Are the rights
of the people to be held b. fach 4 tenure as is
implied in this doctrine? He trutted not, and
he hoped, therefore, that the committee Of the
whole would not affirm the report of the com
mittce Of elections.
Mr.. Findler faid, that being chairman nf the
committee vi elections ii was his duty TO give
Information tothe committee of the wholehoulc,
of the principles on which that committee
made their report that in order to do this, it
was necciiary to fate in what manner the cafe
was fubmitted to the committee or elections.
Tins he fad was the more neceEary, as no G.
lection had ever heretofore been contetcd be-
fore Congrefs on the fame principles. No op-
poiing candidate claimed the feat no unlaw-
full vote was even fi!ggened TO have been given
no Officer entruaed with conducting the cecti-
on was charged with error or corruption. There
were two points alone therefore on which the
dcciiion mutt reit. The one was the connitu-
to fupply the vacancy that had happened the
other was whether the governor had exercifed
that authority in an incorrupt or uniudifahle
manner. He faid that the committee of ele6ti-
ons had not been unanimous in approving of
the report, that two had voted again1 and four
for it !; that in this cafe, It not being neceGary,
he had not given his opinion, but that now
when the report was brought, before the com
mttec Of The whole hOuie, and the cafe having
originated in the fate which he rcprefeuted and
with whole laws and practice refpetfng ele6ti-
ons he ought 20 be acquaint d., he claimed in
dulgence and attention in Offering fouc further
explanations on The fubjeG. For this purpoil
he would examine the contribution as far as il
related to the cafe. In the iecond ieClion of
the fri article Of the contribution it is Eaid,
"wheu vacancies happen in the representation
Of any fate the executive authority thereof
lhall lilac writs Of election to fill fuch vacan-
cies."
In the fourth fiction of the fame article il is
faid, "tbe times, places aud manner Of holding
elections for fenators and representatives fhall
be preicrbed in .ch fate by the legislature
thereof, but Congrefs may at any time, by law,
make or alter fuch regulations, except as TO the
places of chufng fenstors."
Mr.. 4. faid that on thele constitutional pro,
vifions there was difference OF opinion; that
ever ljnce the commencement of the federal 90
vernment, he had undgritood the general opi-
Mon 10 be, that tn fourth fcction related fOle-