Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-12-11
(Signed)
JOS. STARKE. d. for

'eced, a"d have gwen the foregoing cericate oil e.
lection
tSsnad)
JOS. STARKE, d. for
Jno 4. Swan, 5. III. c.
Which saidMemorandu.H the Committee,
III conformity with the decision of the lrgsla-
f'ire at IFS last session Ia The case Of the con
tested return from the county of Lewis, have
taken as evidence
I" 1t appears 10 your committee that the in
ior'nality of none OF these certificates is sulli-
cIent io inyadate II, and that their au,h-nt-
city is undispued; that no notice has been
gwen by either q. Berkeley or Hector DAVIS
10 the other OF an intention To- contest the e.
lection nor any steps taken towards tlai ob
jet, there being by the admission of both
parties aud the testimony of Starke's memo
randnm, an equality of votes betweeu them a
TIE close OF the poll, and, therefore, that the
decision hetween them must be founded or
me certificates OF return above mentioned,
and the application To them of the act emil
tied ian act reducing into one act the several
acts concerning the eeciun of Members of
The General Assembly, aud for other purpo-
SEES" and the act entitled san act REDUCING
into one act the sey eral acts concerning ,lispnt-
ed elccilons OF members of the General As
seinbiy." In making this application, il ap-
pears To your cominiitee. first, that the two
returns ofthe high sheriff being ia favor of r.
Morris and Z. Berkeley; secomiliy, that the
return of one Of the two deputies being in ia
vor OF X. Morris and T.. Berkeley thirdly
that the appended certificate of The other de-
putty, who alone returned II. Morris and r. !.
DAVIS, prorInS that the other deputy who re
turned X. Norris 81 T.. Berkeley was the She
rIf who conducted the pol!-fourtbIy. that the
sherIiiaIiy being IN the contemplation of the
above recIted acts, as IL is universally in law
~ Ia md H.
first OF said acts, requiring the sheriff, when
there exists at the Conclusion Of the poll. AN
equality of votes, TO declare which. he will g.
lect--sixthy, the necessity Of such dec!ara-
ton to satisfy the provisions Of the said second
rccifed act-and, finally, believing that the
right conferred, ar rather the duty required of
the snerlH to decide between the two candi-
dates having an equal number of votes. Is de-
signed not To add an appendage to his office.
but to secure the election of tN. members
from county TO the General Assembly
Your committee have adopted the following
resolution
/" Resotutd, That Richard Morris and Ed.
Berkeley, deegates returned 10 serve in Tie
uenerai Assembly, are entitled TO hold their
seats"
90 Mr.. Haryie's motion. the ,cnort &c.
were laid on the table, and at The request of
Mir. IL Davis he offered a resolu,ion. isist the
sad Davis be heard at tie. bar of the Hnuse.
which being agreed 10, the report was again
taken up.
hiIer some conversation as to The number
and Character of the returns which had been
before the committee.
Mr.. Eyerette rose in suunort of tho r.oor.
which he said had been olrrred Inv b,u ~
committee. He eoniended. generally, thai
ior 'he want The legal steps reu,Iired by Law
~ cases ol contested elections. no other eyi
uenee couiu be Fesorted To in the present case.
Dut 'he irturns made by The sheriff and his de.
pulies-' these he insisted were 40 cootradic
,oFy ana irrecoocllable, that il was impDssi-
bic, WIN no further Information. 10 max, q
decision IN The case, and that it onght TO be-
referred back 20 the people.
MI. Berkeley suggested that he was NO, n,
blaine for the want of notice, for IL was NOT
his province 10 give it, being proclaimed e.
lected.
Alr. Paiieson Of y supported the original
report, and suggested the praclicabiIi,v of A.
mending it to suit the views of The House.
| Mr. Davis then addressed the House. He
went ut some length into the case, co,nm.ot
| Jog on the embarrassed and delicate s;toat;,r
in which he was placed. Ia his PREDATORY re-
marks he referred TO the importance of foe
regular, and certain elections, so amply sec,,r.
ed to us by our Constitution and laws Tbe
conflicting returns Showed The existence nj
doubt and uncertainty and 10 such = case he
asked lift was not proper 10 decide in favor of
popular rights; and at least, refer the matter
again to the decision Of the people? He con-
' tended that u was lbe duty Of the came prison