The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-12-23

/ this act, candidates were returned Ia the
Legislature, who were not elected in the on ,
ly way, in which Il candidate can be elected.
by nayority of the votes of the people.
his act was Il plain and direct trans
erosion oftheu powcrs.-Thc duties of a
Judge are purely ministerial. He is to en-
ter the votes upon poll to be kept open for
that purpose-when that 'is'done he has no
right TO touch the votes on the poll Ie
there are any votes i'm properly receiv ed, or
any other act Informally executed, 1t is not
h $ part TO correct the mist ke-but i, il
the duty OF higher tribunal OF that {, cpare
mens which IS to be the judge of the retu rms
and qualifications of it's own members -
80 far for the districts--When these polls
were closed, in the different districts Of
.7Heyhony, 1t was the duty of the presiding
Judges in each district, to meet, cast up thu
p lis in all of them S.make ont a certihcata
! OF those Candidates who appeared to have
had the majority OF votes. So far from
these returning judges having any right ito
admit or reject at their discretion the votes
taken in district or districts, that they
are confined not only by the universal
practice IN SUCH cases, not only by the
| P anest principles of common SENSE but by
the express words of the act of Assembly
to the simple duty of counting up the
votes IN all the districts. and returning az
duty elected, those persons who upon snch
! -
gal votes" A Contrary doctrine would
Pia"e these ministerial officers upon the
same footing as the Legislature itseif--apd
| by such traasgrcssion Of their powers.
tthey would really usurp tie right, belong
ing to the Legislature of Judging of tho
re.CcnT and qualifications Its members.
| the Practice of our own state directly
Confirms this. Rule. WHO ever. heard cs
our sheriifs: from a senatorial or conpress;-
ona' district. daring, when they met tcpe-
ther tn cast up TIER polls } 10 quash the
vote at whole county, and -efnrnfvt- q
candidate as elected. who had not the ma
llsrity of votess No--they know better
.hey know, that under representative
constitution, he who h,s the largest punter
OF votes. is elected that the poll is hri,.a
lfccie tie best evid -nce, which fhey can
nave of the sentiments and votes OF the p@,.
PIE and If there be any thing wrong in II,
1t rs the part OF the Legislature alone 10
correct its errors.
Why. then, did the judges of ANeehs-
ny SIN against the Eight of these CIGAR ana
'ncontestible principles! Whv did tb.v
1uash the votes of the people WIN al
they palm set of men upon he L.eei.Ia.
ture' whom the people had discarded? Fhe
catastrophe # the drama di,closes tLeir
motives The plot which peeped in the
first Act is avovei and consurn m nted in tn.
last. Levin Windtr was 10 lie he Cover
'l'' " w nj anu tnS 0nly brinCr
thls great object about, was this
they we!! knew that the election on q
lolrt ballot of the Legislature, depended
upon the vote of Alleehanv-that e thew
made no return At all, or # they returned
the republican candidstes who were the
choice OF the people. ATr. Tr'ndey-. would
nave been hurled from his station. The on
means, therefore. ofp"eserving him, was.
!or them to usurp the powers OF the ,eqis
iature toQuash the votes in the 4.h District.
ana MAKE return essentially distinct IRON,
the face Of the polls.
The plot snccceded--and thrf,. retnrns
gave me federal party nsjo,ity IN lie
votes ri o0;h houses.
When this result was announced, the par-
nv among us hung their heads They tried
10 saoth down The public feeling bv senicf-
ing What wc7'ld be The couyse f the !,eg;s-
i&tuTe. WAT. cried : cy; 10 noe So i'm.
Ip tcntiy Condemn US Sc what = ia. wi
nasnan;rno"s part will BE- played b. a Fed.
raj tcg'S ature. The moment they NEE,
YOU Wiz see how carefully thew wifi revise
me returns, and how promptly they viii is
&c ucw Writ Of Election f r AIiepl.any''
fss' We have seen how carefully ttey have
PLAYED Their part and how promp ly tbev
have 'hrowt c!f The mask
heir proceedings are now before us
A'd we are sure til t 10 parliamentary
D dy, that pretended to be free and v,rt,;.
GUS was ever guilty. 1T Il more Outrageous
VIC alton OF the principles of representation.
The only case, which Comes am fhj1tc IT,.
1t, is that OF the celebrated Wilkes in Eng-
'and but how modest in its strides TO pow-
er was the septennial corrupt, and minister
RIDDEN parliaD ent OF England, in COMPARES,
OF these Friends of Order in the Leeisla,nr,'
OF Maryland
They do not set aside the return. and ;esra
writ tor new election, as guos thej,. ,y,,I,,
but they permit the men who had tba
Eewest votes to retain their seats (; upon ,h;s
very SOLID and ingenious ground-es The
committee, III accordance with the opininn
already expressed bv resolution of The
hoase, dn therefore consider tina; tie sjttinC.
members are, all of them, pr.ns facie emit.
tied to their seats, am it should be shew,
that the return made by the four iudee, ~
favor OF the sitting members, is unconstitnt;.
onal or Illegal
They have the audacity TO pronounce tbis
conclusion although they confess in the ean1c
Report that " on an aggregate Of the whol..
plumber at votes as taken in the six several
election districts cf Allegheny county in.
Guiding the votes taken in district No A 80
three OF TIE candidates, whom tteir decisi-
on has excluded from the Houee. chad the
| greate't number of said votes''
90 tH2t according To- these gentlemen. the
| tlpuse Dt GP 'ppotec boc