The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1813-11-17
For the Baifimore Patriot.

- ',t.if.r L'OF tNc DUfIMOYe IQfTIOb.
The late election of delegates to the ge
5 neral assembly OF Maryland, for .Ai,egan
5 county, has afforded topic for converse
tion, ever since the result was known, ant
much has been said and written On TN,
subject; but to my mind, it has never yc
been placed before the public, in SO clear
} ppins ct view as it is susceptible of. l
MIR. Giaze's statement, published in tht
National fntellig OF the 9th inst b,
correct, itappears, that the levy court o
Allegany county appointed John Arnold
William MsN cir and --- Majors, judg
es of the election for the fourth district, S
that John Arnold, is justice Of the pcac,
for Allegany county that the three Judge
met at the place and time appointed, anS
Mr.. Arnold administered the oath, requir
ed by law, as Judges, to MIR. MNeir anc
Mr.. Majors, (Which he had a right to do
as being a magistrate y and also the oath
required by law, TO two other persons a,
clerks of said election, which he had a righ
TO do, as oneof the Judges, before he wa
qualified himself. as may be seen by refer
ence to The law; SO that the two clerks
and the two judges were, in the strictcs
and most li.cral sense Of the law, dbl,
qualified 10 hold the election, had MIR. Ar
mold then left them.
Bu,, it seems, after the latter gentleman
had administered the oath TO the clerks snt
the other two Judges, he took the oath o
Judge of the election, before one of his bro
Their Judges, instead of one the clerks
which the law as it alledgcd, required him
to do, (although, no doubt, the clerk was
present at the time, ard it NAV be said &c.
fore him also) and The certificate ought tc
have been signed by the clerk, instead OIL
the Judge The law, tits true, says the
oath is to De administered by the clerk
but What can be meant by administering az
oath to he Judge of an election 1t car
only be handing him the book, or holding
one end of il, while the deponcnt hold the
other. For the oath is not repeated by the
administers but is received by the per
son taking it, if he can read, watch we
must suppose Mr. Arnold, being ma
gis,rate, could do. The oath, is not, tha
you H. b. do smear but that g I, II
b. do sqear thar MIL, tJc.
1t therefore, appears to me, that the on.
" question that can possibly arise in hi.
case, is, did MIR. Arnold's taking the oath
as aforesaid, and acting as a Judge undo
it, vitiate the election for hat district al
together; the other two Judges and the
clerks being legally qualified. am No
lawyer, and cannot undertake to say, how
superior court would decide on judg
ment given by an inferior one, wher
there were three Judges on the bench, re-
gularly commissioned, two of whom had
taken the oath of office before the propei
authority, and the other had takcn aud re.
peated the oath before an improper person
But, supposiDg the court, acting undei
the strict letter of the law should hold them
selves bound to set aside such Judgment
it does MOI follow that the house of dele.
gates are equally bound to such strictness
Nav. do we not see in almost every session
persons returned as members, and acting
as such afterwards dismissed as not the
proper representatives Of the people ant
was il ever known, that laws past or acts
done by votes Of those members, in con
junction with others are set aside or an
nulIed because they were joined in those
acts
The house Of delegates will, no doubt
consider the election for the fourth dis
trict Of Allegany county held, if not strict
w agreeably TO the letter Of the law, a
least in conformity to its spirit and tina
two Judges and the two clerks, being sworr
as the law directs, aud the third Judge
having taken the proper pqth, although
before an improper person, IL must have
had the same effect on his conscience II
acting uprightly as judge, as ifthe certi
6catc had been signed by one Of the clerks
and that they will direct the resIrn 10 be
corrected, by including the fourth district
Otherwise they would deprive the sixth Q
the voters Of county of their just rights
for no fault OF theirs (; but merely for tbs