Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-11-16

ths moment oy Islander suggested, that he had better
DOT hurry himself in the natter aud th-reupor he said
Dufihg me progress OF the Discussion, Col. BerhouT
popo,ed TO Capt Dav. that the polls should be exam
nsu, oy proper persons, and all the bad votes, if any.
should be stricken oil, aud the Sheriff ould a. EN- re-.
turn the candidate, who should srpsar 10 have III.
greatest mum Der OF good votes; hi. capt Davis
lse'sd, alleging that ~ consent eomptom-e OF the
csniuaes, could .Souerste tie sherih tom chsrsp
o' h's d"'y' strictly according TO Law sud cusom;"
aud required the High Sh,rif 50 lar duty was n
vowed fig'd Observance OF the law. In the cour-,
" the evening Gen Dade prreeivine, n IL, contar,
to Law, the skeiiH proceeded to srike ON Ia. toi.
votes which had bes admitted, under The u.uh re-.
,t ons ms election might be affected iniuriousy al.
dressed letter 10 The sheriff Joining upon him TO,
10 strike IRON the Senstcal Polls any vote; but 70 go
vern hmseln discharge OF hi duty strictly ac cordng
10 law and the usages IN reuIon.
On Thursday. agree bly, ppontment, the sher n
a'tended-much deba'e again arose; the sheriff very
property refused TO sttike som the polls any vote
what then remained 10 be done o. course, forthwith TO
return Thomas DAVIS he having received The greatest
number ct votes; aud leave Col b. to proceed as pre-
scrhed by law alt cases Of contested lions 10
seek hisredres beioe the L. giSaure This, however,
me sheriff did not do; for mine sprung upop
him; new sa,e OF uings was presented TO his view
IL was suggested TO Col Bal bour that the Comi.
ers srer'n'- nding the precinct elections were
ed by Ihe 10 section OF The act passed the I1h Janua
ry ISIS. Entitled All act to prescribe the mode al con.
ducng separate elections" to take an oath before IN v
entered upon their duties, fsi biuy and truly &C. To-
execute the Office, Sc. and iba, they bad not done
whstenpon Col Barbour moved the High Sheriff TO set
aside the precinct Eleoton', and recognise the cleo
tons at the Court House only where Col Barbour al
he majority. Now, this said ION section of ,ba
law referred TO, does not apply % Commissioners an
pointed osuperintend elections ios Delegates Seua
ors, but was ntfuded TO apply 10 Commits sioners an
pointed sup Tinend The polls of electors OF
and Vice President, of he u. 5 (,ccorLng 10 nv con.
sruciion OF the scO az may be by reference to
the and OH sections OF the above reciteJ az,
Nevertheless, in despite OF his and the remoas,rane.
OF Capt. Davis and others. the Hugh Sheriff sustained
The sroui taken by Col Barbour the
nj arfir maid rha-a FL I'll.
county were given, pronounced James Barbour duly
elected-and geve him certificate accordingly!
"on Saturday the 3oh Oct the High Sheriff was
asked 10 reconsider, upon view OF ih- subi.c,
aud he Consented To reconsidr He was then inform
ed that he had neglected comply with tn. Law in
conducting the Election a. the Cour'housr no, aving
vs. the La directs administered oaths himself TO the
Poll.keepers-and before The voting conimeHced-See
general law Of elections Revised Code, Section 18Th
page l5s' in which it is declared, whgr. the High
Sheriff superin'ends i'm person Gas the Gaze here1
tina, hc (the high shern) .hall appoint such aud 20
many writer's he shall 'hink fit, who shall rescec-
lively take oath to be administered bv him ha, tbev
viii take the poll faithfully and mpariially" IL was
urged upon the HE sheriff, that OF duty on the
part OF she riffs and hsr conducting elections and
making tetnrn' and in complying with certain unsub.
stanal f0rmalities, DID not vitae tie eec,isns; but
only subjected ts person 10 fine s. penay-and il they
did, he he'd auho i,y erect himself Judge Of eiec
lions, 10 place Of the Legislature, ard declare On eIsc
ton void fnncton too SOVEREIGN in lis hlracier 70
he exercised by any other, than the Constitutional Tr
buna The Immediate representatives Of The People
tue OeDsfal Assembly OF Virginia III h.Weyer he did
take upon himself TO eSerci-e ibis high POWER n vas
hound by is rule o. action (nOw that the TACT
been brought to his knowledse) get aside aso the
election held by himself Orange Court House and
upon The ground that the forms OF the Law hal not
been complied with there nasu,uch he admitted that
HE oath 10 the Poll keepers, hid before the voting
commenced been administered 10 them by him A.
his stage OF The discussion proso'i'ion OF comp omis
was submitted by the friends Of Col. Barbour which
the triends OF Capt Davis not feeling themselves lib
ofiy 10 accept, il agreed thar both gentlemen
hould he informed Of the state Of lngs End requested
10 attend at Orange Court-Honse On TUESDAY the 81
Nov-They did attend; Col B'bou' proposed to Capt
Davis TO refer the matter under sin terms Cso,
Davis 'ttp'ed because as he said he had no rri,, to
negotiate away the rights OF the p,opIa A(t.r Li
Capt Davis p'oposed--Tbat il the High Sheriff vvouIi
ret"n him, as the law required he shoud I'VE done in
hr brs ni'a0cs thar then re would consent although
h~ time II giving notice 10 CONTEXT Sc had probably
gone by that Col Birhour should have the beneh; Of
taking evidence aud bringing the be fore the Legis
letnre upsn the ground OF good bad votes, ihn
Davis had been returned in the FIRST Instance and Bar.
bour had proc eded regularly in the conetThis pro-
position wbs ieted AID so the matter remains Ds
Wis baviag had evidently majority OF voes and Bar.
bour Notwithstanding the Delega'e"
Eutaw denounces this return of the High SherifTin
strong and indignant terms He emphaically asks whe-
herthere was ga man in Orange who would for the sake
oil eecng Barbour Davis any her man; for the
sake OF enjoying a short-lived triumph, be willing To
see one single fundamental principle in scheme OF
government violated"
He declares that the High Sheriff ought to have told
Colonel Barbour: 'Ahough possibly the neglect of GER
tain duties by the Commissioners others, may be IA
tai TO the elections and sufficient set them aside
yet the Legislature, and not the High Sheriff. is alone
competent 10 pronounce this high decree l. therefore,
regardless OF the subtlees OF the law and the counse
which beset adhere TO my orr sina intention and do
what the law connected with the custom required of
me, and that is to declare Thomas Davis for whom the
greatest number OF votes appears 10 have been given
TO be elected-Col. Barbourf wrOnged, your redress
is before the Legslaturc-no knows il better than
you-and no man more able TO assert IN Depart hence
and murmur not. The peoples Will be DONE Euaw
declares, that in comparison with the great representa-
tive principle involved in this contest the return of
Davis or Barbour, is a circumstance, in mpor-
lance compared with itdust in the balencc, that the
freedom and purity of election is volaedthe dearest
rights OF Freemen assaied nothing less than shall
the chosen by the people he their representative
shall the Lord High Sheriff (of England, he should
be called according to the Law of England re-
turn no bodyor aAy body-as your representative, ac-
cordng to his sovereign wil The popriey of so con
strung the Laws to give effect the will the ma
Joy rather than defeat liz surely republican will
call question:. He discaims all 'ntention TO inpugn
the motives of the high sheror TO wound is eengs:''
that the writer had been "anxous as (he) knows (he
III. 81 that his conduct should give general sasiac-
ton; that he had known tie too long and too init
mately 10 impute TO him intentional ong-that his
character for honesty, int srity and bencvoence has
been too ong established, TO need (is testimony in its
support ; il is above suspicion"-but " that the best
OF men, always intending right, may nevertheless do
wrong under misapprehension"-t n has acted in
the present case, under "thc bewiderng influences of
eoquence proppcd and sustained by the els
deservedly high in his confidence, whose judgments
generally well balanced, have for in their lives,
yie ded the empire personal and pary feeling s'-hat
he could "wish, in scanning this affair, separate tn
private from the public affair" II is the HSher-
iH(says Eutaw,) not VIM. I. b., arraign before the
People"
We agree cordially with the author OF Eutaw all hi.