Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-04-24

and the judgment of the governor, upon
the testimony taken by them, must be con-
sdered = novelty in the principles OF evil
dence. The petitioners complained of an
unfair election, and according to the rules
of common sense, if not of common law,
they ought to have proved affirmatively,
that the election was illegal. Negative
/ testimony to invaidate an election, bv
which the honor, and the integrity Of the
officers of the election may be impeached,
and they become subject to punishment, as
well as the rights OF suffrage jcopardised,
could never have been admitted by any
Judge, who was not predetermined to rem
der such election void and yet the e, ecti-
ON of a sheriff for the city and county of
Philadelphia, was set aside upon ground
no better, and truly upon ground much
worse. The committee have had before
them, all the testimony upon which the
governor founded his judgment, as we'll as
the :ist Of illegal votes made out by his or
der, and they mhesitatngly affirm, that
= there Was 10 shadow ot Cause, to renA
der void that election,--The governor
/ 1t seems, could not make up his list
with the votes which he supposed to be
! illegal, and thereby cover the majority of
Judge Wo!Gcit but to reach his object
! (the setting aside the choice Ga The maiori-
} ty) he even added thereto votes not given
at ali as legal votes gwen, and votes actu-
ally given to w. I Donaldson. The avoid
ance OF an election, under such circum-
stances, furnishes d melancholy testimonial
OF the insecurity OF our rights, under tie
administration of the present executive
magistrate. The rights of the Lcolc of
/ the city and county OF PniiadelEh have
! been grossly violated and trifieo with aud
scarcely vel of the texture OF a cobweb,
has been thrown over the uni just Judgment
! OF the governor, to render void their ciec-
ton and their choice.
| The terms OF the governors judgment
are, that" hlnety-one illegal vorls wee
received and seven legal votes il favor of
w. Donaldson were rejected :" whereas
1t appears from the testimony that oniy -
bad votes we're received, and three legal
votes, which would have been given to w.
7. Donaldson were rejected. The maio.
lrity in favor of judge Wolbert as ninesv-
ty-iour, and sdDtracting from his poll al
the Illegal votes and the legal votes which
were refused, leaves him a majority ot -
votes.
1t appears from the testimony taken by
the commissioners, and the terms of the
governors Judgment, that no question was
made IS to the Legality of Matthew Law
ier's election, and that the governor prcdi-
Gated his Judgment upon tie assumed want
OF anactuai majority for judge Welbert, or
! w. L. Donaldson +; it must therefore be
evident, that the judgment was founded Up-
on unjust data, and In derehction of every
constitutional and legal principle 1t was
grounded upon false assumption that
ninety-onc illegal woes had been received.
ard several legal votes had been rejected,
whereas an examination OF the testimony
Will prove demonstTaty ely, that only forty
TWO otCs proved to have been illegal were
received, and three votes proved TO have
been legal, were rejected.
But what will be said, when the glarinr
injustice is made known, hat the governor
deGucted fur UofeS from the poll of iul gc
Wolbert, 7rhich he zCitnes8es Memscfpes.
upon oath declared. they he'd !g.Uea 10 ".
T. Donaidson Not only were ali the votes
that were illegal subtracted from the
highest candidate Of three but even Lgm
and doubDui votes were su.tracted Ike
wise ; and to consumma.e the injustice, the
votes actually given to ". Z Donaldson
were added 20 Mc list IF reduction
The committee would here ask, what
security have the people of Peuns, ivania
for their rights, should such PROCEEDINGS
pass UNPUBLISHED What is the use of con-
stitutional provisions when the e1ecutive
power can be transferred into the hands of
a nephew or son, and that such an exc
CutIFe SUBSTITUTE can name commissioners
to take testimony to invalidate an election,
and afterwards appear as counsel before
the same commissioners for the contcncire
candidate
: The prohibition Of the constitution, tn {
. /" a sheriff shall hold his ufIic, three years,
. and shall not be chosen or appointed twiC {
in any term OF six years." may By such Il
, process be rendered completely nueat,ry (;
, and a iavorite ana, proAigate sheriff may
continue in Office Is long as GOVERNOR
holds his. place, and the incumbent will re-
main the pander Of executive appetite or
= vengeance.
BY the laws Of this commonwealth, the
= mayor and two aldermen Of the CITY of
r Philadelphia, apJ two Justices Of the peace
I Of the county Of Philadelphia, are autho-
- rised 20 appoint inspectors Of the prison ;
and the inspectors SO appointed, are utho-
9 rised by law, "with the appreciation OF the
- 90 mayor, two aide rmcn Of the said city,
o " and two judges Of the supreme court, or
e " two judges of the court Of common pleas
4 " of the county of Philadelphia, to make
O @ rules and regulations ior the eovernmei,
&C of all convcts confined IN tie said pri-
d "son, not inconsistent with tie laws and
b. " constitution Of this commonwealth, and
IS " e. rcscribc their allowance VI provisi.
v Z" ons asccrtainiUg the quantity by weight