Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-03-15

e!ect'ons OF BurgesseS, an oath of tho ouaLGc,t;,us
VI electors might be required ty auy fihs candidates
Jfeenoders, dyore any rote Should lie poNed: aud non
ireel'olders, for voting. were made s,h;ec, IN. e. ~
i've hundred pounds OF tobacco. But by the act o:
900. me law was amended, aud the oath might ONLY be
'e9ureu oy The caHdihIies, or aay of them or fhcir
"S."S' 'h's act has substantially continued in force
10 The present time. About the lime of tho Rey.oI,
'"i SO much OF the law as authorized n fine 10 be re
covered against non ireehoide's, for voting. was repea-
=, a"I "oeS not now exist. The law authorizing an
o"'ii to be required of electors, or persons of. rin@ 10
vote, never was intended 10 give The sherifr,.a - IL, a.
F'eiu'te any such oath for their own sat, ctio1, inst
eve N i'Fst act on the subject, nor TO relieve ,net0
from 'ieir common law responsibility. Tho ia,o NO
made for the benefit of the candidates. ,uJ ~ ;,ta.
ded 10 pres '"vc all the votes; that if upon scruiipv. I'M.
,ore '"t rouse, ltAe Senate or House OF Delegates now
oeing lhe CONSTITUTIONAL Judges of elections such votes
we're found good, they should be coupted. and p,, Loci.
as was the case before. The act OF osse,nhIr lie toan
read several times 10 the Senate and | will M, nv
!eau " aeain. itseeiii TO me very certain that no OATH
- a"thorNen by H. unless required by some cauhidate,
or his agent; and there can be no candidate on his
question to require il. The act does not authorize tln
sheriff TO require any oath, because he is presumed
10 kno" the qualified electors, aud he has mn common
raw au'notiy' ei'ler 10 require, or administer any such
oath. 1.-THE sheiiHs do not know all the electors. they
must exhibit their title papers. or a~Gilavits of the facts
showing their right TO vote; and lie sheriifs will re.
ceive, or reject their votes, as they may think RIGHT
.hef cannot swear them; and ii they reject good votes,
il is n. their peril.
Sir, the amendment does certainly cnn,ain a uev rrin-
eillr, aud Que winch ! nope will not be adopted. gsore
is one section OF the hill. II believe the Gu,l ,L;cr, 49,
WOES HAT Il iHe shall be imposed on the stcYi;fs aud orhcr
o.i:crs for rJnstns or falling to rcrGnfrn any of t,.;r tr,ics
prescribed III TIE I'LL, and the bHl 'nahes il exnrcsslv their
duty 10 take the votes Of all The qualified voters. AMI ,c.,.
'ives their rish, to take the votes Of any others. ,bjnk
'hen, that the shefifs will he bound to take The votes Of an
Tie qualified voters who shall offer To vote, and to rctec,
ih- votes OF all persons not qualified. There will bc -,
eanf;dates mere 10 bGin. ih.ir action. on tine Isn. hu, ,h,
Commonwealth may recover her G,es; AMI nrcs,ms
"e"rly The same rules or evidence will Apply upon a p.o.
secu;ion on the part ofthe Commonwealth Tor a n,,r. which
ito apply IN actions on the case in England sc,ius, sherifrs
for refusing tn poll coed votes.
The she:iits generally know the opinions Of the electors
Of their Counties, and if the amuudment be ~: or;,d. ,hev
VIII nave u IN their power under r.p,encr "a doubts. 10
require an cath from as niany persons as they oleose =. aud
dItVe rom the polls every scGu?ulnus man, and everv ma
who doubts his frcehnid t;Ie. Thus wl,er. ,hs sbcrirs - tr
IN favour oi a Convention, they may prevent hnnd,chs Of
votes from being pol!ei against n Conventions; and where
they are against the propositions, they may prevent as mani
from being poilcd on the other side. | am uuu,iuiu, IN
place the electors of this country in this si,u,,i,n re-, 7
wish TO know why it is that The gentleman from Nelson (T,
not pursue the general election la 80 a iittIe fut,be,? Nv
ina law, 1t a man refuse - swear, his vote is polIed on the
back @! the bork; hut by The geutlcman's ameut,eu, If,
man refuse 10 swear, ne is turned of, AMI his vote is lost
forever.
! lbeiieve, sir, II tie amendment lie ador;ed. /, viii no =
cover, and complete Justification TO the sheriT,. 70 rco.;,n
lie 'Itth from as many pcrsl 4E as they please, and ructte
.iem IN safety 10 exercise gieatiuiucuce over the clecio,..
But ii IT he rejected, they must ac;, as 4! have before said
al 'heii peril, aud there will Il, nothing To cover them
'H'y must q" right. am convinced that sheriis never had
any au'h"f'y, either IN England or in ills country, TO
require any oath OF electors; and [ believe such authorize
in the present bill cou!t do NJ, good, aud might do nreh
evil.
The oath which the gcntleman's amendment ,ccui-cs .,
me officers octnre they commence taking the polls, I also
'''nN useless 1t IS true some Of ihesc officers ma not lc
under oaih until after the polls shall have BEEN taken. bu,
must "i ihem VIII act under oaths of Office, and if one oath
vii MOI oiih them to do tight, two canu"!! The oath to be
taken bv tine officers after examiniug and cnrrer,iuc the
Pot's, u thkrn falsely, believe will amount to petiuv,
although not declare SO III the bill. Ihry will be sub.
Dtf1i re0nIlPE IN SSp + thar mr., rrt.e -,.-. -t-
polls hut such as a majnriiy Of them concur in bel wing
are 'awIni votes, and that zone have been stricken from
the polls hut such as a majority o! them concur in be liz vinr
"c'o not lawful votes. think their oath &c Office aud the
responsibility under which they mast act viii he suRtcien,
TO guide them IN taking the polls correctly, anl that the
'aih TO be taken alter the examination of the rolls vii
give them complete" Authenticity.
as true ;ha! Inc sherifs may reject some gno1 rn,ss
but tie friends OF Convention have PREPARED tn. bill III II.
present shape, and they are satisfied with it. / think the
amendment ought to he rejected, aud the sireriFs will thcr
act Under stronger motives 10 do right than if it were
adopted.
DeJdfe TO te continued.