Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1821-03-14

appoint The Mayor at the hfst or seoo"u
meeting. The Mayor, the same section DE-
clares, "ssaH'' before he enters on the du'
ties OF his office take an oath in the presence
of the Council. But according to " A Vo-
ter's" arrangement be may" take the oath
either in the presence of the Council. or rot
in the presence. The same section declares
the Mayor" shall" see the laws ct the Cor
poration duly, executed. and shall report
the neglect or misconduct Of any otflcer "
the Common Council, who may on satIsiac-
tory evidence remove the officer. " A vo-
ter" would in this instance construe the
word "shalr' as meaning "may." l would
ask. is not the term shall" in the tenth sec
ton as obligatory on the Commissioners oil
the election, as the same expression in the
other sections is on the Council itself?
But will illustrate by principle my refer
ence to an act of the legislature Of Virginia
concerning the election Of members of Con-
eress. The 4th section OF that act declares
that the sherifs of the different counties
composing the District, shall, on the e'gh"
day after the election assemble at the
Courthouse ofths Ca~nty. first named in the
District, and con pare the polls respective
" taken at the election. Can the Sberiffs
meet on any other day or at any other place
for This purpose, yet if tie construction OF
"a Voter" as to the meaning of the word
",halr' in the tenth section OF the charter
is correct, and it there means may, there is
no GOOD reason why the same construction
NAV not be given to it as used in the 4tb
section OF the Virginia law. Again;-The
statute of Congress on the subject OF the
election of President and Vice President OF
the United States. declares that the Electors
shall meet and give their votes on the first
Wednesday in December, and that the votes
shall be opened and counted in Congress on
the second Wednesday in February. ] would
ask, could the Electors legally vote. or
Congress legally open and count the votes
on any other days than those mentioned IN
the Statute. Does the word "shalP' in this
statute OF Congress mean, "may?' lift
does not, why is it to mean may in the
charter of this town. The expressions OF
the 10th section Of the charter are The
Commissioners of each ward or majority
&" Of them shall On The merit day after the
Selection make a list of all the votes re-
"ceived at the election" Are not these
words as positive as they can be, and as
plain in their import as any which have
cited as illustrations?
Agreeably to the opinion of A Voter
rhe S. eriffs IN the case of the Congression-
al election may meet to compare the polls
before the eighth day after the election, or
on the eighth day, or the electors of Presi-
dent and Vice President of the United
States may meet and make the election
before or on the first Wednesday in Deem
Der, O.. Congress may open ano count the
votes before or on the second Wednesday IN
February. If the Sheriffs were to meet be-
fore the day prescribed for comparing the
polls for the election of member of Con-
gress, would their certificate Of the election
be sufficient evidence of the PERSONS names
in it being elected. Or if the electors had
made The election of President and Vice
President before tie day named in the law,
or Congress had opened and counted the
votes 5efore the second Wednesday of Feb
ruary, could it be said that the persons de-
cared to be elected were duly elected in
the manner prescribed by law? Is there
any difference in the principle when ap-
piled to the above cases and when applied
to the election of men, bers of the Common
Council? Suppose the Commissioners had
opened the ballot boxes and counted the
votes before sunset, would that have been
legal' 1t cannot be pretended that it would
have been So Then where is the differ
enCe in legal effect between opening and
counting the votes before sunset OF the day
of the election and counting them before the
next day? lin law the election would be
void n the supposed case. on what ground
IAN it be coniended it is not void in the &C
tual case! The charter has declared the
election of members of the Common Coun-
Gil shall take place on The first Tuesday in
March in each year. Suppose the Common
Council had directed it to be made on the
first Monday in March. Would not this,
according to the reasoning OF A Voter be