Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1821-03-08
JACOB HOFFMAN,,
Mayor

JACoD I1Of MAN,
Mayer.
Mr.. SnOwdes-It appears from a state
ment in the Herald of yesterday, that the
commissioners Of the election in some of the
wards counted and made list Of the votes
after shutdown of the day Of election. Ifthis
be fact, aserious question arises--whether
the return made by them of the election is
legal one, or the election thereby vacated ?
II ought TO be recollectsd that corpora
ton is mere creature OF the law that con.
stitutes it and gives il being, and prescribss
and limits all its operations. beyond which
it cannot legally proceed. If the corpora
ton itself is bound down tn the precise IL
mits of the charter, how much more are the
commissioners OF the election They, of
all persons connected with the execution of
the charter, should adhere most rigidly 10
is letter. They ought not 10 exercise any
discretion where II 10 not plainly bestow ed
on them. Ii is only by close adherence 10
be preserved pure and free from suspicion.
The tenth section of the charter OF this
corporation de clares, that the" election for
members Of The common council shall be
closed on the day it is b.gun-aad the poll
shall be kent open untilsunset. and no lon
ger" Had the section stopped here, the
commissioners would have been justified in
counting the votes and making list of them
Immediately after sunset. But it does not
II proceeds TO declare that the commission
ers, or majority Of them, shall, on the
neat day offer the election, make list of
all the votes received at said election, and
The four persons having the greatest number
of votes shall be duly elected; and in all ca.
ses of an equality of votes. the commission
ers shall decide. and make return of the
persons so elected under their hands and
seals, &c"
According to the order of the words, the
commissioners cannot declare which four OF
the persons voted for have the greatest num-
Der of votes, until list is made Of all the
votes given. This list is to be made only
on the next day, 1t is Only after the list is
made that it can appear whether there i, an
equality of vote, between two or more per-
sons, 80 As To authorize the com missioners
e. vote as commissioners, and decide be-
tween those having an equality Of votes.
Il al
act concerning the election at q time not fix
ed. by the charter, can the election be 4
valid one II is not for Us to enquire what
good reason can be given tor this regulation.
Ii is a sufficient answer to such an inquiry
that congress have so willed it. But there
are good reasons tor il. II is universal
principle, relating to ali elections, that all
votes should cease at sunset-and it more
days than one are necessary TO complete the
election, that the completion should be on
the next day. Ii is not reasonable 10 expect
that commissioners who have been confined
ali day, and perhaps fatigued with con
tested election, will be as fit to count and
take an accurate list of votes, and perhaps
decide on the legality of some of them, or
decide who shall he elected in case of squa-
hty, on the night OF the day of election as
they will be on the next Gay, when free from
the noise and interruption of a crowd of
person. who are generally on the day Of e.
lecti,.n about the commissioners.
CHARTER.