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

cnt on the face .f both returns because IL
ooes appear. that all the attending IN lgrs AT
the ciose OF the polls IN the severa! districts
or the SAID coonts, were assembled together.
IN the manner prescribed by law. an. there
| is evid'nt cause to explain why the said re-
turn does not hear the signatures ~ the
whole OF the said judges, for that rf,hem
attending as before stated, did refuse 20 con
cur IN he aforesaid return, which is signed
by the otner four judges. and regularly Ger
tined. The committee IN accordance with
the opinion already expressed BIZ p rcsolu
lion ot the house, d therefore Consider that
tac sitting members are, all Of them prin,a
tacie entitled TO their seats, until j. should
De shcWn that the return n,ais by the four
ijudgrs in favor of the sitting members, is
unconstitutional or Illegal.
| IN the memorial presented ID the hou-e
by Upton Hruce, Benjamin Toroiinsun aud
ihnrnea Green-veil, Es1uires, it is urgsI
that The return under which the sitting
| members hold their seats is Illegal, because
they ei,e6se that i gives the woes only of a
portion of the penps rs AHeehanv.cnun,.
and It is Insisted m the par, of the petition--
! ers. that hey had a clear maiority Of the
| legal votes. in support of this aliega ion,
the petitioner, have adduced a certificate
from the Gle Of Allegheny count, 4 com
many in memorial, 10 which the committee
y
| In a cnuVrer memorial rresented "a tho
house by Beale Howard, tIeorse Ni'C;ulioch
and George Robinett OF Nathan, Esouires,
being the three sitting members wh.se G.
irctions is Contested, it is represented that
the allegations Contained in the said peti-
ton are hntounHed-Thatt the said petition
ers had not clsar m aiority of the leral
votes inAileghaDy coun;v-Ihat it appears
10y, the return made by four IF the presiding
judges out ot SIX, that the sitting members
are az duly eiecJed--And hat -he said re-
| turn rs constitutional and in conformity
with the express directions Of the law re-
guhtns elections in this state.
! From the statements anG certificates NV
! o7th parties, il appears "a tue committee
That on IN aggregate CT the waole number
p! votes as taken in the sig several election
gdistricts OF Allegheny county, including the
votes taken N district number four, that
Cp.on Bruce. BENJAMIN romiinson, WIN.
Hillary, and Thomas GreenweH. (three of
whom are the petitioners aforesaid had the
greatest number Of said votes.
The committee also find that exclusive Of
the votes taken in district number four, yVo.
Rilieary, George Rcbbnet of Nathan, Geo.
M'Guiloch, and Beal Howard, had the
greatest number Of legal votes.
Inc committee refer the hcuse for more
particular information. to the certificate cf
'he clerk OF the county, which are exhibited
with the petition and the counter memoir;
a., IN order to 9hew the NJ Gle amount Z the
votes taken III the several election districts
of said county and the number Of votes IA
ken in the said dist riot No 4. u is ascer-
tanned by certiiie copy (marked AZ of
the return Of the polls of district No. 4 that
the election in the said district wax held bv .
persons acting as judges Of the election Of
that district--.h at two of the said persons
! were qualified as judges agreeabiy to law !;
but that the presiding judge of said district
d'ti not qualify "a the Jaw requires & that he
took the oath, before one of the other judyes
not being justice of the peace, and not
beng authorised by law TO administer such
oath,
1t thus appeared IA the committee that
the eiecl ion was hcld in the fourth district
OF Allegheny county, by fhree persons as
judges ct the election, one OF whom was mt
lawfully qualified to act in that capacity
ana the committee are therefore of opinion
mat the poll IN said district was Illegally
ned and was null and void. The sixth
section OF the Act OF 1903, chapter o7. di-
reefs TIE appointment IF three persons for
each election district who, or majority. or
any one OF whom. in case ct the non atten-
aance OF the other two, shalt be the JUDGES
| or Jauge OF the election FIR such district
but TINS was not case Of non-attendaDce.
'oF all the per 3o1s who had been appointed
as judges did attend az said pcli and one of
them acted as the presiding judge of the G.
lection and exercised all the powers of a
Johge IN common with the other two, and
WIS concerned throughout in coAdu ting the
said election, without being qualified in she
manner which the act of ASSEMBLY requIa
ting elections has specially s; po.itively en-
tJohei The l1th section OF the act referred
| to, directs the form If the oath 80 be taken
! ny every judge Of eleeticn, before he proceeds
20 TAKE or receive any vO:c, by whom il
shail be administered and moreover that
! a crfihcate OF every such oath, signed by
| the person administering the same. shzll he
annexed to the polls. 1t further provides
that, it 80 justice IF the peace be present
/ to administer the same, it shall be admins
tered by cierI; of the said election after
sucn clerk shall have qualified as aforesaid
In THIS case then there wes not, and there
could not truly be, a proper Certificate. an
neE to the polls, of the necessary oualif-
cation OF TIE said presiding Judge !; because
u IS we'll Known that an oath adj minis;cred
! ny person not competent OF authorised by
IA" TO administer such oath, is i'm effect no
qualification whatever nor can it be reason
ably c0ntended that the want of the rtnui-
site qn'ihcat'cn in the person thus acting
as presiding judge could possibly operate,
Las ~ case OF actual non ATTENDANCE, to vest
| IN the her two person' complete and ex.
tcirsYe authority 10 conduct the eiection
ana thus Legitimate the said proceeding.