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

diftriet ut the feat of uitice At which The cover
nOr's writ hrit arrived, had the advantage of
earlier information than other ditricts; but this
was incidental, and as cprothonotary to whole
Office the writ came aud was opened, and the
\ fherif, sc. were oppofed to the election of the
fitting member, they had at leaf equal ad-
vantage of the earlieit notice, and thofe mon
jealous for the electoral ticket were not iuppof-
ed to be his friends. Partial or fraudulent in
tenton is not complained of BY the petitioners :;
they are indeed few in number, and appear to
have all had the earliet notice there is no Pc
tition from any citizens complaining that they
thcuielves were deprived of their vote for wa ut
OF notice. The electors for the choice of cleo
.ors was not 70 numerous as was reafonably ex-
pectcd, but if the governor had given the ten
days notice directed by law, for SLING vacancies
III the rate Legislature, aud claimed by the pc
tisioners, this would have happened in about
week after the other; retpectmg which the pro-
babiHty fulfilled by all experience in Penniyi-
vania Is, that it would have been fill leis hume
rcus. This appears TO have been the governors
opinion; it was alto the opinion of fevcra of
his colleagues from the eatern parts of the fate,
who had feen aud been informed by the COVER
nor that he had ii1ued the writ, and who had
hrt informed himief that it had been 20 ifued.
They, and all his other colleagues with whom
he had converted on the fubieGt, he underitood
approved of the governors conduct till they
heard of the refut of the election, and there was
no proof before the committee that the ihort-
ncfS Of the notice operated in favour Of The fit
ting member more than the other candidate
All the votes given for both candidates agreed
IN voting for the fame electors, notwithstanding
that there was little time for concert-On the
whole, MIR. +. concluded, that rs the iiiue of the
election bad occaiioned exceptions TO be taken
70 the hortnefs Of the notice, he wiihed that
longer notice bad been given, though he had
approved OF iiuing the writ but as it was con-
dueteo Snder an authority vefted by the confl-
tuition, on tbs fame principle which had been
always aSted on in Pennsylvania and feveral o.
cher Rates, and never heretofore objected 70 by
Songrets, which was the only competent judge
IN the cafe, and as corrupt intention or abuie
was complained of, he thought it his duty to
vote in favor ofthc report of the committee of
elections If the election was fGt aide till a law
would be paied 70 pretcribe the time, probably
the dittrGt would not be represented this FELTON,,
which he Thought an argument of weight, but
Of little import aacc compared with deciding
the principle in doing which, if the report of
ti!e committee et elections was rejected, the de-
ciion might virtually vacatc the feats of other
members, and would condemn all the elections
heretofore made in Pennsylvania and fomc other
itates, fupPly vacancies in the hou!e of repre-
ientativcs.
M. ,. Clay could not agree with The Com
Inttee OF Elections in the opinion that there was
no law in Penniylvania regulating the place and
manner or holding ipccial elections for members
Of Congrcfs to fupply any vacancy which might
occur in the representation from the fate; b.
turning to the law refpecting general elections
he found that members of Congrefs were to
b. chofen by the inhabitants qualified TO
vote FOR the moi numerous branch of the fate
lcgiilature, and that thofe elections were TO be
held at the fame places conducted in the fame
manner, and by the fame officers as the e!eEti-
OBS for members OF aGembly. IL cafes OF &C.
neral elections therefore there could be 40 diff
ference of opinion, and as thefe were to be go
warned in both cafes by the fame rules. it was
Tair to infer that fpecia elections for reprefen-
sativea to Cougrets were to be conducted in the
fame manner as ipecal elections TO fill vacancies
~ the Legislature of the fate. BY the laws of
Plnntyvania it appears that In cafes of vacancy
in the representation of any county, the Speak
CT IS TO ifue writ at Leaf fifteen days before
an election can be held, and the ilierif Of the
county mutt make proclamation and give at
,eait ten days notice to the people. The rea-
fon of the law was evident, it Was intended to
prevent the people from being furprifed, and to
give them time to look round for fuitable Der
ions, TO repretent them. Ii the reafon was good
applied III the Cat, ho
were alt chofen in Jingle counties, it was more
10 as il applied to Representatives. in Concrefs
WHO are chofen in ditriGfs competed in iomc
iTaances of three or more counties. He there
foT< WIS OF opinion that they fhould be govern
ed ~ the fame law. The committee had how
ever been told 10y his colleague (Mr. Firdey)
th7t the Legislature never intended to make any
law OH the lubjet, that they conceived that they
had no power, that the contribution of the u
nitcd States by faying that in csfs of vacancy in
the representation of any fate, the executive
thereof ihould inue writ OF election to fill
flch vacancy was imperative, and by making it
the duty Of the governor to iffue fIch writ gave
him the fole power Of regulating the time, man
ner aud place, OF holding the election, and pre-
cluded all Legislative interference. We were
not to judge of the law by the alledged inten-
tIon of the Legislature, if they bad mifaken their
oyn powers or the powers of the executive,
their niftake was not to govern the deciiions of
Congrefs. All We had 10 do was to enquire
whether there was law, whether that law ap-
piled to the Gaze, and whether its proyfons had
been complied with But he could moi fuppofc
that the aliemby had 70 far miiconcciyed the
contribution. b. the fourth fiction of the irh
article Of that inftrument the fate legislatures
were Empowered 20 gulate the time, place and
manner, of holding elections for Senator's and
representatives to Congrcfs. This power was
not confined to general elections, but muR ne
ceiiarily extend to elections to fill vacancies II
was true that iufpeciaI cafes they could not d.
rett the prccjfe time, but they might prefcribe
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