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

acknowledging its truth. The sheriff was us much
| bound to u,ake the declaration as the return He
acted under AN oath AS well as apen.liy. BY ms
nisi act he preeuded Jackson from couiest,ug, aud
bj,h's secosd ('he reiurnl he certified different
person 10 he eleeed. For his past he could sep
a'"e the cerhGcate and the naemoi andum, and
e"ns''efed Them ss one and the same. Tie iist part
was incomplete and defective, but when added to
The aiier part was only full aud npete as TO
'he main 'acis, but continued too much, aud vated
he Who'll" ~ To the matter in dispute between Max
well and Jackson
Mr. Thompson Admitted the importance of the
question, but thought il plain. No entitled
to seat on that aoor but by the artificial means of
the constitution aud the Law, and the committee had
enqn'red INTO The subject according these tests He
READ he law Requiring the sheriff call in the voters
anu proclaim the result the close of an election
| and commended if the report Of the committee WINS
moi sustained, 1t would enable a sheriff, ny declining
10 proclaim the result TO throw the probdadi
on The improper person, and thereby prevent con-
test which wonld otherwise take place for no
proposition could he contested until Il has beea
serted lie commenced on the conse quences Of such
precedent" he though, the poll book ought not To
oe reiereu 10, because II did appear before the
committee agreeably TO law, did any Of The mass
oi testimony which was rejected IN relation the
return or cer''hcaie OF the sheriff he acknowledged
mere was some difficulty, for WAS an unique oil
| "s kind The memorandum no ihoue ht AN essential
pari OF ~. The only reason the mmtee had not
declared the certificate illegal as Mr.. Bland, was,
SIMPLY, because u had not been disputed. and there
was 90 reason appearing doubt The regularity Of
MS election As Jackson there was no evidence
at all 10 establish his lain 10 a seat and whatever
appearance of right Maxwell nigh, have TO his, il
was MOI supported by legal and Sufficient evidence
Anu az was not proper to admit individual into
iha House without right also was IL improper TO
admit one whose right is clearly and leg ally made
out Tie could not concur with the n,ber from
amherst, as to the unofficial character OF the memo
'and"m sulJoinsd 10 the return of The sheriff.
Mr. Coison referred TO the act Of Assembly 10 show
ma, the sherih was required proclaim the close
oil the eleciion the persons harnp The greafsst num-
nsr % no'es- In tins case the proclamation iie
s, s,u ohgI not TO defeat fair expression of the
VIII oil me MATURITY OF the people of The county.
Mr. uraVes said The proclamation was AS much an
sSsen''a rs The return, and il il had been erroneous
.ne mouse had The power 10 correct il. Ifone official
act ol the sheriff could do away another IL was pac
ing 100 much power in the hands of the sheriff-iUr
WIN Tue view OF preventing the hndmost candida
from ifGt~"g the votes OF his friends actually pTesen,
he might he proclaimed elected, but not reiui ned
ana IN ,his waydeprived of his rights
MIR lhompsoH remarked thar the proc lama ion Of
'he sher'n required by law expected To he in ac-
e"td"nee with the fact, as il appeared to him al Tie
| moment.
MIR Jones asked ,if Bland and Maxwell had receiv
hereTy 'ote, ard the sheriff few days before the
meeting Of the house, had returned Jackson. would
~ he commended, Ia the face of the fact that the lee
| turn good
Mr. P.neson, OF B. thinking that all the PROPOSE
IONS ne'ore tie house, ought be indefinitely posi-
poned, submitted thai motion He did not consider
me report as even consistent with use II declared
,ha mere was no other mode Of contes,ing an election
pnt mat pointed ont by law yet IL had undertaken To
examine the subject as n contested eIect,on and 50
as'de the return oftbe sheriff, Sc Sc He said
nngh 10 he remembered that within a few days aft,
the election Maxwell got his ceriifcaie of election
an" gave Jackson notice that he had -so that Jack
son could have contested If he thought ~ oper &c He
was willing To get rid of The question without decid
ing any principle, aud especially of such IMPORT
anrs
MIR Wilcher said IL The gentleman was disposed 10
r"'ei mack INTO The mass Of rejected documents, he
wonlo nlu in" oi the ten days allowed by taw,
"an fSpired hetora The notice given To Jackson
ana that he had not tine prepare for contested
election, NC. He Commented ON the possibli,y of
altering The polls II such "A inle ,.,,,a aa,c,;o
ed, Sc
On enquiry from Mr.. Thompson, who referred to
e III" requiring such cases io he speedily decided
ny me House, the speaker decited thar the motion
was privileged one al the highest grade, and was
nov on' oil order The House might dispose Of this
SUBJECT IN thar manner iii thought proper
Mr. Masun remarked that As The notice had been
reie'fed'o, ought Ia lie read. IL was given seven
ays alter ihe election, and then ou OF the county OF
Lewis "
Mr.: Watkins, Of p. f. said The committee had de-
eia'ed maxwell not elected, not because he had not
been duly elected by The freehoders nor because he
n"u MOI nee" duy returned but sImply account o
me memorandum OF the sheriff He did think
w reasonable doubt could be entertained hat thai
MaSweii had majority Of votes and the return was
nov so detective IN ,ls opinion tn justify Tue House
~ dep'"ing him o' his seat. TIE me n,oranluu, of
he ShefiH ought not TO have muck influence bu
., ongh 10 he dsregarded unless there vas contest
~ sher'fS memorandms TO he so consi,lered.
Moa,d p"' II ~ The" power, IN times ol great public
Mr.. Thompson explained thar Tire committee Lfd
NOT hoi'omed their report on the note of The sheriff
hni on Tie tact thai there substantial defect ~
me reriIon as tn Maxwell IL jackson d; and they
could noi separate The from the cert
cate but must regard The whole AS one and The same
MI. Wlcher and Nh. Graves again addressed
lhe char The former commented on The legal @
missions aud defects OF The first part of the return
which we're supplied by the last part OF II
Nj. Phueson's motion To postpone " as rejected
MIR Garland said The question bad grown on, Of
b. he sufii- |
rieui 10 enable Maxwell to take his s.at--asd ,lie
committee ~ considering the Controversy bewec n
hcm reject all The testimony huf the ITSELF aud
roB tie FACE OF that, declare the eciiuu void whe
l'y reference to the poll book which is not At all
questioned, 1t appears Maxwell IS duly elected H.
iiis proceeding I've could concur. Bur for Jack
sous presence and memorial HE question would not
nave occurred, aud since had, Ougbt be decid
ed according the right of The case aud the princ-
Piles OF The law Oh The snIjecI
Mr. Jones amendment was then rejected.
Mr.. PHitesOn OF Il. next offered the following AS
u substitute
The Committee of Privileges Elections has had under
its consideration the resolution Of the referring to IL
the letter and documents Of Colonel Edward Jackson COM
planning Of the undue Lewis Maxwell 10 serve a.
member Of the present House Of oelegates-aIso
and documents Of Lewis Maxwell subject ami has
adopted the following report aud resolution
ItnPpcars to this committee that election of Thomas
Bland and Lewis Maxwell is duly certified by James West
fall deputy for Peyon Byrn sheriff Lewis county and
that on The same paper which contains certificate is
appended note signed by said Wesfall which however
forms no part Of the certificate separate IL and is
not referred to- but sets forth that said Wcst did
the day Of the election, under influence o an erroneous
addition Of the poll book, proclaim Col Edward Jackson TO
be duly elected, and that Afterwards examining the
PoIbook he found said elected and that
Lewis Maxwell was, 10y majority Of nine him
the committee conoeives this to be In the
y the returning officer for what he had done