Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-05-11

M
monwcalth. and the cities and boroughs cntuled To re-
presentation, shall be divided into twenty three dis
tricts, in tho manner following, &c" Soc. Ed. "rhut
the persons qualified by law TO vote for mombcrs of
the House OF Delegates, in t0c county, city and bo
rough composing district, shall assemble their re-
spectre court houses other places &c" Soc. Sd
The person authorised by law To hold elections for
rcmbcrs oil the General Assembly, in each county,
city and borough, shall conduct the said election az
which no determination shall he he bad bv view. but
each person qualified To shall fairly and publicly
poll. and the numc of the shall DO duly enter
cd under the name Of tho person voted for, pro-
per poll books TO lie provided by the officer conduct
ing the election; and after directing that writer's
shall be Appointed to take the poll IL p,occcs .,
proclamation ard proceedings shat be had for conduc-
ting continuing ard closing the POLL IN etch c3uny
Of district, IL prescribed by law in the election of
mo bers TO the General Assembly, and proclamation
shall also be made at the court house door or place of
holding such election, OF the hnvur Inc rra,ps,
number OF votes the polls on tho closing thereof
Bach eccor shall be entcdto the privilege from
arrest, and be Sect to the like penalty and yr rc
for failing 10 attend ami ros at such election as is
prescribed IN the of election of members To the
General Assembly In order to discover and punish
snch failure to attend and vote, the sheriff or other
ocer conducting the poll the clerk Of tho county or
corporation court, and the presiding magistrate shall
severally perform the same duty in relation 10 the
elections under this act, and be subject 20 the Same
cnay for neglect thereof as is pyesc tibcd fur thcu,
respectively, III relation TO members OF he General
Assembly b. the 9Th section of the act passed IN,
2ota OF December 1885. entitled IAN act concerning
The election OF members OF the General Assembly"
! Inc county and corporation courts shall have Tho
same power to remit fines hereby iunoscd on free
holders for tnng attend and vot O. as they have nv
law, TO remit lines imposed on freehodcrs Tor failing
to attend and vote Mt elections for members of The
neral Assembly" Soc. 18th. "Ifthc mayor Of aoy
city or borough entitled to Representations in the &c
neral Assembly, shall by death or any other cause
whatever, be unable TO attend and conduct the cleo
ton tor Representative to Congress uccordnr to
the provisions Of this act, then The recorder or If
there be no recorder. ho be unable to attend the
senior alderman, capable of attending, shall attend
and conduct such election ACCORDING To law 'Tlc
next Is IAN act reducing into act the several acs
concerning the election OF members of the General
Assembly, &c; by which the officer authorised 10
hoId elections for members Of Congress in each con
~, CITY ana borough, required TO conduct the nolI
IN SAID elections and which provides: Sec Is. "No
cIcctor shall be admitted to poll second time ut one
ana the same election, although at the first time Inc
shall have given but single vote. II the electors
VINO appear be so numerous that they cannot al be
pocd before sunsettng; If, bv rain or rise of WI
ter courses, many of the electors may have been him
dercd from attending, the sheriff under sheriff
may and shall, by request of any or more of the
Candidates or their agents, adiou the proceeding
on the poll until the day and SO from day 10 da
for four days (Sundays excluded if the same cause
continue; giving public notice thereof by proclama
ton at the door ofthe court house Other place of
holding such elections; and shall the last day Of
the election conclude the poll, according the di-
rectlons aioresaidi but At the poll to be held at any
such election Is not closed on the first day the same
shall be kept open two days thereafter at least"
WHOEVER Will examine attentivcly these several
provisions, AMI every other provision OF the election
laws OF virginia, cannot fail, think, to find warrant
suhcIent for the power exercised by the Mayor of
Norfolk Borough in continuing the poll over As TO
winch, until this care presented itself, did not inn
CINE question could arise; and the question is made
here, IN default Of the words cor Mayor" after the
word Sheriff, in the last provision TO which hnv.
referred. In regard to every other power conferred
and oil other duties imposed upon sheriff. and other
officers, conducting elections in counties like po,yer,
q nj
GERS, conducting elections in cities and boronghs
Yet this power of afIourning the poll over merriam,
the most important of all is TO be withheld from the
latteT, oecBuse OF the omission OF two words IN
solitary insulated provision, completely supDlied as
they are by the context the obvious import and whole
spirit OF az the Legislative enactments upon the sub
Jec Is THIS Sir 10 be construed differently from all
other remedial statutes' The Legislature intended
here to provide against n probable mischief Tic
sheriff OF county Is clearly possession Of the re-
qusite power, which, strange TO say is denied To tho
mayor OF city or borough when precisely the same
mischief, Dhict the lam enacted 10 cure must ne
uitnbiy result for tOdnt Of The rernedv If indeed ss
IS CraVely maintained in Of the papers before me
no power whatever IL bestowed by the election laws
OF Virginia, upon the mayor of corporation and
The only ministerial Offices he can DISCHARGE arc
those of holding the election and granting certificates
and holding the election be taken in the strict tech.
nical sense commended for then this officer sinls int n
nero autonatOn. He il utterly incapable of pi
wing effect to the popular voice in clections Of up
hodlnG, by any efficient act of authority the most
"eS' anu HoOie privilege known to the constitution
ana laws. VIII you-can you, Sir, consider him
thus impotent, in the discharge Of this high Junction.
lie is required by the law, made for bis guide and
government to conduct the election, and as the cleo
ton cannot be conducted without proclamation and
other proceedings. (Which proclamation and proceed
Inss' under the construction set up, must apply TO n
county Only, the words city or borough being omit
ted AFTER the word county, as you perceive in the Sd
section Of the congressional district law just read as
the word mayor is omitted after the word sheriff. in
the provision relied upon,) conducting tho election
and such proceeding necessary to Its legitimate
contamination, maintain were plainly intended
to extend, as well TO the mayor of a city or DO.
rough, MS to the sheriff Of county to invest both
with similar and equal Po,ces, TO The same end and
purpose.
he statute TO which frs, asked your attention. is v
me, IAN act for arranging the counties of
into districts choose Representatives TO Conures,T Then
follows Sect lst he enacted by tine General Assembly, that
the counties OF This commonwealth aud the cities
Gniled 10 representation shall no dyds into
districts IN the manner following &c. sect 3D. And DO II
1r1her enacted That the persons qualified by Law 60 vote for
members 10 the House Of Delegates each county cy and