Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-12-18

ing report ,nd. sesolutions;
appears your ni,,es, that onv legal sr,e
IN which ege be conducted aud the onr ,.e,
mode ia WHICH an election he contested those pre
scriosd in a. act lille Az act reducing into one act,
the several concerning the election OF member, Of IN.
General Assembly and for other purposes That 4, mi,
csss no notice as heen given aud or provisions
the act referred "a, hayc been observed y either
~ iiic ooie,iion of'esn"ny aud that nom.
az documents referred to them ought to De
'ef'ur"ee' except me sh"fihs certificate of return and
he certificate, OF said sheriff 10 said return :,
Nheh certificate ed alike auh- nca,ed md a.n,;
fed with H. appears the ackno~ gmeut OF the sheriff
lat hr has, at the 81 OF polls from the inorn,,, NJ
has clerks, proclaimed Thomas Bland Ed,va
elected but thai examining poll books himself aud
discovering his error Jackson, he hat certified nm,
election ct Thomas Biand and Levi, Maxwell which
su e'rhcate = substantially that which is required bv
NV ana "hieh acknowledgment is in these words viz /:
deem IT proper the above return and r.r,;s
ae t"a' prior TO the election appointed five persons as
writer's and administered to each OF them 10 Keen
the polls faithfully and mparaliy trusted to them to
count The votes The close election the said
reported to me, that Edward Jackson had one vote of
majority Lewis Maxwell 1 therefore ,ro.,,ima
said Jackson elected but before returned the po oot
icafeiuy examined mud counted the given to each
" e c""udaies and found he votes TO stand thus: Er
"ohas Bland 2s, for Lewis Maxwell 1922 Col Edward
Jackson s3; therefore Thomas Bland and Lewis
maxwell "duy elected" believing that the sheriff has no
right by law, and ought I've the right Of
recung his proclamation when made as il would aG
'ord m opportunity to the nrtul TO
nee on the ignorance avarice Of shers and thereby
en' prevent the contestaton ofa election and the
expressed will OF the peopie-Reevng that Levi.
~ '"eu I" his seat, since the only evidence by which
mat title can he established the shers certi6cse of
return proves that another individual, viz Edward Jack
sol" instead OF him. had been proc lamed eleoted-beev
ing that Edward Jackson is entitled 10 seat there
Pearing n" sherids certificate Of his election bu, ON the
contrary sherifs certificate of the election of ,vo
persons appearing committee adopted The follow,
ing resolutions:
Resolved, as the opinion Of this committee that new
W.T." oil election issue the county Lewis to SUNNY The
pace Of Lewis MAXWELL illegally returned to serve in this
present General Assembly,
Refofred also, as the opinion this committee thai
hoas Bland is entitled 10 hold seat in this
House of Delegates
On Mr. Thompson's n, o,ion. a verbal ,me,bn.,,
was agreed TO.
Mr.; Morgan submitted the following, as "A substi
TUE Tor the report Of the committee
Resooed That the certificate of election of James
ia deputy TO Peyon Byrn Lewis county In
words TO wit; "be it known all whom these presents
snail come, that James Westfa deputy sheriff for p.vp
oSrh nigh sheriff Of Lewis county, in my full county hell
tue courthouse thereof on the 18th day April 1929 bv
tue eectors OF my SAID county caused chosen two
my SAID county, namely, Thomas Bland and Lew is
maxwell TO represent the same in Geaerai Assembly who
have the majority OF votes will appear from the po
DOCKS Given under my hand seal this 18th dav
april 1928 (signed) James Wesa fsraD s. for Peytos
byrn L. O. Test, Vim. Hacker" is not in the form ure
scri6ed by law, but to the same effect
Rf'o"ed That the note Of James Wesfall annexed 10 his
RETURN IN these words, to wit deem II proper to annex
ABOVE and certificate that prior the
appointed eve persons writer's and administered an
oath to each Of them, to Keep the polls faithfully and i'm
Parnay' trusted to them TO the votes Al the
close OF the election, The said writers reported 10 me ,ba,
Edward jackson had vote Of majory over Lewis
Maxwell; therefore proclaimed said Jackson
Dut before returned the poll books carefully examined
counted the votes given each OF the candidates
found the votes tn stand thus Thomas Bland 27a for
Lewis Maxwell 1872 and Col. Edward jackson 1885, there
fore returned Thomas Dian, Lewis Maxwell u,v elect,
ed (Sgned) James Westia u. s. for Peyion Byrn S. L.
is NO part of the official return, not being required by law
and is therefore evidence
Rf'"tVsd That copy OF the pobook certified ly IN.
clerk of Lewis county directed under sen, IN
clerk OF The House of Delegates evidence of legal
"on having been held in the county of Lewis month
OF April in the 1925 evidence to the contrary
pearng.
Resolved, Thai Thomas Bland and Lewis Ma.weu have
the greatest number OF said copy of the po
book.
ReSofvd That the adavs produced on the mart of Ed
ward Jackson and also part Lewis Maxwell are
not evidences each having been without notice 10 the
oiher.
Rs'ofped, That Thomas Bland and Lewis Maxwell mr..
entitled to hold their seats In this house.
MIR Morgan thought if the election had been legally
holden, and was free from fraud or corruption, il
rouid moi r subsequently, aside and il,a Tie IL
beIiies of The people the rights Of The house could
not hepend upon an, ir'cgulariIy la the sheriff He
found no instance either IN the British House of
commons or ~ Ihis esisiaure IN which fair cleo
t'on by majority of the of a county had been
SCI aside on The ground of any such irreauarity He
could not believe that any member would rnntend
that neither Maxwe ell nor jackson was entitled to
seat Tor the people had certainly declared i'm favor
OF ihe one or The Other, aud il in the power of the
house To decide which of the two was the eIac,ed
meniber. la making this de cision he contentleJ ht
ne mouse were TO be governed by the return Of the
sheri, made under oath, aud that they would MOI pet-
mt HIN To ialsiy his return nv 2 mere note auprnd-
eel 10 his Official certificate The return he though,
''id There had Only been ~ mistake in the uro-
rI""aioH OF the sheriff nj The close Of The poll and
ma mistake was explained by the memor anturn aud
tie correctness OF the result Of the election us ascer-
Ia'"ed afterwards WIS not disputed The unI, nues
non related to the nto'maliiy pregularity ol tue
proceedings OF the sheriff, ,,hO WIS not now 10 he
considered as party all The question VS. as TO
whirh OF the individuals was elected and concerned
only Them and The people of Lewis county The poIl
"ooK had bten REGULAR certified, and he considered
40 N'''""Nc w ~ ItgH titCuoh, aHn especially
As It's correctness had not bees disputed Fie was
aware Mat some genIieme0 thought the poll hook
c""d not be brought before the house EXCEPT in the
case ni n contested election. But he ask ed suppose
io"F persons were candidnes and pollpd preuy equal
w, aud the sheriff should die before he had made
any rTiutn, ard III four candidates claimed their
se"ls How would he house decide, except by re-
terence 10 the poll book? Il there had been no fraud
lie election could moi be aside. H. could moi
concur wiih the committee IN the distinction win h
up,,.y n'd drawn, iha' The election was legal 20
Bland, and Illrgal NJ f0 Maxwell aud jackson Hp
lhoughl he election illegal ~ 10 one i, was so
as 70 all But h. admitted that if one of the returned
mrmDPrs was IueatlIe accotdng I'm the rone,;t,,,ou