The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-10-22

''' woes or the pScp'e. might be TO defeat
the only emf # ,he election to change ,he
sam to;al OF the votes; and t. putin hose
csnd dates, whs were rot the choice of the
people. The election in the County OF All
| 'eg1any is. indeed taken, for the sake Of
convenience in q Gerent districts bn, this
Gees not alter the case, il is still the Same
election. il is one system; and defect
~ any part, If it cancels that pa.s, must
cancel the, whole
1 his IS the case Of Wilkes and I.uttrelI
OYER aganwith additional aPgravarions.-
In enas celebrated case, which brought the
scourSe ~ Juaius upon Sir William Black
stone, the House of Commons took unon
themselves TO say no, only who should nor
~! IN their Hause, but 4oho stand Wilkes
had been expelled from Parliament, and lie
was oniia ed, vet he was elected one OF the
Anignts of the Shire sor the county of Mid
ldeSex. The House of Commons for these
and other reasons expelled him again, and
ordered new wrs of election to issue
ne tTeehoiders again returned him, and
the C"mn,vas declared him incapable Of
oeing elected 20 serve in this present parii.
ameE;. The same thing took place again.
and again was Wilkes driven from the
tteuss. On the 4th return, however the
lConmnnS went one step further they ret
oHiy declared thar he should nos sit in Par
hament, but they ordered the poll to be
brought before them and declared tina,
| Luitfe,i, having the majo-ity- 81 competent
votes = eight 20 haze '6een. returned, and
| ordered the return 10 be amended Dy inser
t,ne his name in the room Of NJ. Wilkes -
| Anis encro2chment upon tae rights / suf
| TRACE rung through the Dgilsh Empire 6,
IN spite OF All the learning which was ey
hauStsd by Blackstone in it's defence IL is
stiii deprecated bY the wisest friends cf tie
Is i'ish Constitution as p most Alarming at
'ac5 upon the liberties Of the people. And
tEs was done too not ss IN tt1 case Of Ma
rliRrc, against msn without = sont, bur p
gainst an outlaw and a ;it,.-i;er, and rot 6u
ne mere !adses Of al e!ectou. but by TIE
tiouso oi Commons. tie eniy iegi.ir.ate ;vi
lb'nai ITO jadse OF the returns" Of it's n.crn
ibers,
me Judges at MARYLAND were, therefore
Bound nv fi'anctlte 20 return the candidates
/ who had the greatest nuinIe, of yotes.-
Precedent toe is In fSvour Of THIS de.i,ior.
When Sheriff For Instance, in tbs state
eioses the poll foc Inc election of Senator
on the Pad day. when the law requires him
g opsn IT TIL the Sd, the oi6ey Sheriff. cf THO
)'strici do tot tell hiIa, VIXEN shey r,cet "a
cast up the poiis. " Yen have ti,ne wrong ::
We viii not COUNT your rnI. and make on
cur rotur;I without it"---becsuse such cases
are always submitted to tie IceisIature
and L IS for them to issue 4 new wriy of
Election.
| Way. then, have the Judges of hrIcgha
10y sEnned against the light Of principle ah,.
Ioi precedent Why did they nos return the
-FOUR cas- oidates that had the highest number
OF votes--wjth Their o,g,, statement oS the cir.
cnmSIan'es OF The case Why did they return
The foar oshers ?--This qes-,uun leai, us
directly to the 2nd Proposition which ne
.laid down:
the Judges could kave done oniy ore
th'nsgto have suited The purposes ct party
tard nat is the very tang which ;hey have
done. hey might have taken one of three
is.vps e'ther to have made 30 TetuyR at ali, s.
thus quee, he e!ec1ion nit geth=r--or nave.
lrstnrhed he candidates, wao on tie face ,f
''ie Po,is nan obtained the majority OF votes
Or 90 IS they have done. Cuash some %.
the woes, and return the csndi,,stes 70 whom
tne greatest number would have remained
after this Ge,ldctioa.
II they had done tine first, il is clear tn ut
the Federal Party would have LOST the ma
lotity Oh = joi'ft bQAot Of both Houses. For
DO away the election in ,be codRiy Of ALE
lgnany, and the votes in the House Cf d. !e-
gates would stand thus
Federal A5 Reoubl;con 81
40 which, add the vosesin the Senate Is
| 46
Aud the Republicans world have had p
majority Of in joint balot Tor the election
ios a Governor * Council
had the Judges, agaia, pursued The GO
tcond oourse.--the course which was equally
ipointed out l,y principle aud bv precedent
the result wo'ild have bees s,iI more
nansp'cious to the wshss Of their Party.
The vote ia tho Lover House would hive
been 10 Federal, and Sd Republican, and in
4 Jn'nt Ballot with the Sena.e tie Peunbl; T.
Gems would have had majority OF ; Seres.
The last, therefor is the ,,nly ccrrse which
would hayc siihserved the purposes OF p Par
| ~ wac wore disposed to cast all precedent
and principle behind them. For subayesr
tbe polls IN Hel.znan's District. and rs t,,rn
four isdersl candidates, and the work Of
! F'l'ss kleS IS completed. The federnl;sts
9,ouij have majority of is in the Lover
tt"use aati. Consequently of 3 ip jeigt bal.
~. - 's thus, as the g Federal Republi
! Can ti1unphsntlY boasts, t" We shall have =
Federal Governor and Council f,r the
| he&t tWelVemonths IN the state Of MARYLAND. -
y then the leaders Of the Federal y rtg
| bad rDe' been charged with intrigue. If
! iheYhad eUer been suspected If an ion
to deseat the wei oE the People in the con
| tcs. between Jefferson and Burr. and If
| costing upon us n monster Of their own ere
aiion. PrestdeUt ohhoihfed bu I.gzy-.;f
! Trey had eDer been inspected of q desire 70
get The rcins Of power into their own hands
| ard OF prom ting these ambitious purposes