Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-08
VIRGINIA LEGISLATURES.

VIRGINIA LEGISLATURE.
Speech Of Mr.. Morgan, in the Senate of PR
ginid, on the Convention Bill
MR.. MORGAN said: beg leave now to submit
few remarks TO the Senate. On yesterday, ex-
pressed my opinions the amendment proposed
by the gentleman from Nelson, (Mr CabciD which
opinions were controvcrted, or attempted to be
controverted by several gentlemen both then and
o.day.
Sir, from reflection, and what little examination
have been able to give the subjects contained in
tie amendment, have found nothing to induce
ine to change my opinions; but much to confirm
them. said yesterday that the Sheriff; would
AVE no authority by proper construction of the
General Law for the election of members OF tho
Assembly. and that Of the bill now under considera-
ton, Should it pass without the amendment,) to
administer any oath to the persons offering to vote
on the question of Conyention or no Convention;
and also said that Sheriffs have no authority to
administer oaths, unless justified by the Common
Law, some ancientusage, or by some express sta
tute giving such authority. think, sir, am JUS
titled in these opinions by Common Law itself, aud
the laws and usages OF this country, and If | did
not mistake the arguments Of the learned gentle
man from Chesterfield, he is of the same opinion
now believe the sherffs ought not to have or ex-
erciSe the authority of administering oaths to the
electors at their discretion as proposed in the "a
mendment.
The gentleman from Nelson has said, that his
amendment either contains new principle or that
1t does not; but cannot understand from that rem
adopts. i, sir, believe his amendment does con-
tam new principle never before adopted either in
England or this country, and one which we ought
mol on the present occasion to adopt; and will
contend ia my remarks.
Aucientiy the Sheriff in England had very large
and ample judicial authority in his Torn, (Which
was In fact one OF the Kings courts of record y
He had jurisdiction in all OF treason, felony
ana nlsdemeanor, ar the Common Law, commit
ted within his county Presentments and indict-
ments Of all such offences were made in his Torn.
and he had authority to issue process thereon and
determine the same. Bnt by magma chGrta il
was declared that no Sheriff should hold pleas of
the Grown, and by the first statute of Edward the
Fourth the power Of the Sheriff TO make out and
issue process on presentments and indictments for
treason, felony, and misdemeanor, was taken
away. Yet notwithstanding these two restraining
acts, the Sheriff had power in his Torn to make
presentments Of all Common Law treasons, felo-
MES and misdemeanors, but he could not deter
mine them.-He was bound to transmit them TO
The justices of the peace at their next sessions
there TO be proceeded in and determined In ALI
these cases the Sheriff had Common Law author-
ty to administer oaths and take testimony But, sir
we are told by the old books, that il has been fire.
quently decided, that notwithstanding this Common
Law authority, the Sheriff take no jurisdiction
OF any offence made treason, felony, or uisdemea-
nor by statute, unless the statute expressly gives
jurisdiction in the particular case and this because
his Judicial authority is very limited ard he can
only administer oaths where he had Common Las,
authority originally.
The Sheriff in eland is PRINCIPAL conservation
OF the peace, and has full authority to administer
oaths, examine into the offences against the peace
and to take security 10 keep the pcace-this is a
very ancient authority. Ia the execution OF some
process he is considered acting in a two fold au
thority,-a5 judge, and a ministerial officer
Ii IS so IN the execution of the Writ of Redisses
and the writs OF Inquiry Of Waste, and Admea-
surement OF Pasture, and some others. He may
administer oaths in the execution of his duties un
dor hnG zee Co. 81
missions, and whatever judicial authority ne NAV
exercise under them, ne does not from the Com
mon Law, but by authority Of the courts from
whence they emanate. II is his duty TO ascertain
certain facts In judicial manner and perform GER
tain ministerial duties and make return thereof TO
court.
1t has boon decided that no presentment can be
determined in the sheri1s torn, for rnisdemeanors
concerning the repairs Of the public roads 10 En-
gland and this, because the sheriff in his torn by
the Common Law, can hold no pleas concerninr
the freehold; and because these misdemeanors
were declared By several statutes, snone of which
gives him jurisdiction to examine and determine
such cases; although nc has jurisdiction over
Common Law misdemeanors TO a certain extent
think sir, II is very certain, the sheriff has no
power IN England 20 administer o this unless a,i
thorized BY the Common Law, or expressly autho.
rized by statute; and presume the sheriff, here
are conhned TO their Common Law powers except
where those powers are changed by the act of a.
Sir, the duties Of sherifs in England, in Che O.
lection Of members Of the House Of Commons are
held to be chiefly ministerial duties. IL is presufn
ed the sheriiis know all the people Of their coun
ties, both in the execution Of process, and i'm the
election Of members of the House of Commons
ii IS presumed they know all the qualified electors
aud all WHO not qualified; and it is their duty
III the elections to take the votes Of those who are
qualified and no others.
If ,tiy sheriff in England refuse TO poll quail
ned electors vote, when required so to do, II is a
violation Of las duty, aud at his peril; for an ac-
ton on the case may be maintained against him;
and both the injured candidate, and the elcctof
whose vote was rejected, have a right to demand
Of the sheriff copy Of the poll taken for their
Own benefit, TO be used against hifn-Yet the
sheriG5 there never had authority to require apv
oath Of the electors,--they have never auesnpted
70 exercise any such right Several statutes have
been passed, authorizing fines against the sheriis
Tor improper conduct in elections. For some o.
fences, one hundred pounds, and for others, NOT
exceeding forty pounds, may be recovered against
H