Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-12-18

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could have been settled by separate resoiu lon. Tue
true course would have been, to report, that Thomas
DAvis was entitled TO the sest, having the majority OF
the votes and then let them 10 back 70 the people n
they agreed upon It. The committee had come to
eoac.usion without giving the House the reasons on
which II was founded
Tor the decision OF the Committee were not set oh at
large In the report. They were first beceus. OF ,he
multiplicity Of business before the committee snt.
eonoiy because the PARTIES mutually waived the minor
points Of the controversy aud Il clearly under
ssood that the report acquissced In by both. Il
could scarcely be possible that the parties
the nature and bearings Of the reportor Il was Dis
uoctly read 10 them, aud they agreed to abide by lis
decision HAdi been otherwise, the COMMITTEES would
not hive instructed is chairman to present ,hs report,
70 the House. Their agreement to the report ed
% make unnecessary the setting forth OF the details
and hence the cause Of the objection Of the gentleman
from Sussex.
Mr.. Marshall had intended to have risen 70 make an
explanation as to tho given by the parties to the
report; but the House be satisfied with the state
mens OF the chairman Of the committee, and any thing
further from him was unnecessary that head. But
ne rose also 10 reply to tho gentleman from Sussex
whose objection rested solely the Limitation of the
committee's powers OF investigation The validity of
tho return, no assumed, the only question before
the committee. and that fact the corner
stone on which all that geneman's arguments were
consider any other matter but the the return
not even the facts necessary to test its validity.
MIR. Eppes rose TO explain His argument was this
that where A. contests the seat held by b. the ground
OF an illegal RETURN and that ground aione tho com.
mittee on the subject had no right to the polls
Mr. Marshall resumed He did not misunderstan the
gentleman, nor had he misstated his arguments He
confines the investigation of the committee, where the
unsuccessful candidate contests the election with the
returned candidate on the ground of the illegally of the
return-to the subject Of the return alone He meant
to take the argument fairly, and II fairly. He
contended that the committee had the undoubed right
TO search into the facts relative to the election and to
seek information every point and that this was es
sental to an equitable decision Of the question. They
were to enquire into the legality or illegay of the
duet of the officers who directed the poiIs and in fact
Into every circumstance having a bearing tho case
II was laid down in tho Constitution, that each House
has the right decide upon the legality of the elections
OF its own members. Now the rights Of this House In
that respect for tho time transferred 10 the com.
mee, and the same powers resided in ii that the Heuse
possessed--and ii an objection had been made TO the
House to the return OF one OF its members il certainly
would not stint itself to the enquiry the form
OF the return Neither was the committee bound TO do
so-f they found that the returned candidate did not
have the largest number of votes, they had right TO
declare IT. or it, on the ether hand they found that alb
Snifio the votes taken for either candidate were lille
1t was part Of their duty 10 report upon these
Tho committee did in this case, decide, that the Sheriff
OF Orange county acted Illegally when he returned the
member who now holds his seat. But on what ground
did they make this dccison-O the ground that by re.
jecng the return made to him, and deciding upon the
voeshe made himself the judge ofthe election-when
the only legal judge this House. He took upon
himself the prerogave Of this body, when he had no
right to judge in the at ALL The House being the
Legitimate tribunal where the merit, of the are TO
cd with its power had right to enter into the whole
morris of tho case, and report upon them Thew did
therefore decide-lst that the Sheriff made irregu-
lar and illegal I'd that the election was not
conducted according to law. They were satisfied that
tho election void, and that the candidates ought to
return again to the people. He trusted that the House
would sustain that decision.
Mr. Brodnax said, that his peculiar csnne xion with
tho Committee OF Privileges and Elections placed him
In delicate situation; and hence he hoped the House
would excuse him for Offering the few remark, he had
% make He extremely regretted that the gentleman
from Sussex should have raised objections the report
OF the committee, on merely suppostious grounds
Without having the facts before him, which the re-
port was made that gentleman, had offered an argu-
nent purely hypothetical which proved that he had en-
troy mistaken the nature of the case. The question
which at present addressed itself TO the attention the
House, was, whether the parties acquiesced in the
port OF the committee This the most painful part
OF the subject. But he was sure there mem
Der of the committee who would sustain the state
ment Of the chairman that the deliberate under
standing of all, that both of the contesing parties a.
greed to the decision of the committee. There had
been several conversations upon the subject previous
to the agreement and after it entered int, it was
again reiterated when the parties standing within
six feet OF each other Every member of the commit
toe perfectly understood that the report agreed 10 bv
the parties The reasons ny the discussion now
brought up required some explanation IL was said
chat the candidates ought not 10 compromt the interests
Of their constituents, although willing that the report
should be made At any rate this the understand
Ing of the committee. He sorry the gentleman
from Sussex had placed the question Individual
footing. He (Mr. b. had always thought contested
eiScuon HaUcr Oh mucn greater importance TO the
Commonwealth, than to the individual candidates-and
that the decisions Of such ought be made with
regard to the former Instead Of the latter He had al
ways thought that the great question involved i'm Elec
tons was the rights and privileges of the voters and
that the consideration of the men, give way TO
that OF the public The question which, in this case
had been before the committee, tied down to
the validity of the returnt embraced the whole mat
ter, and its consideration naturally took in the question
whether the returned member entitled his at
Every fact going TO throw light that point was pro-
per matter OF investigation by the committee IL was
their duty to canvass every ground by which the re-
turn of the member and his right to his seat were a
fected Ii was right to enquire into every particular
decide whether the republican rights OF the citizens
had been preserved whether the expression of their
constitutional will had been obtained The main qucs-
ton whether the member held his by the voice
OF the people, or not He would take case TO demon
srate his view. Surprising candidate in an election
to have two thirds OF the while his opposing cam
ddate has fewer in numbers, yet has thirds Of the
legal votes. And suppose that the Sheriff sees fit to
give the return not to but in fdr0r of the candidate
who received the tewest number of votes The other
party then gives notice that he shall the election
When the subject comes before a committee of the
House il is based solely the question the validity
oil the return. Suppose then that il is entertained on
that ground solely-what would be the RESULT We
should be obliged to turn out the candidate who had
the largest number Of legal votes and put in his place
the individual who had the largest number Of legal and
illegal votes Such would be the result of the views
OF the gentleman from Sussex, that the committee must
per force, adhere 10 the consideration Of the VALIDITY of
the return alone. This could not be the reasonable
statement Of the The committee could not be so
sonlned Ii their duty TO extend their investiga
ton TO the whole subject, and embrace not only the
validity OF the RETURN but the legality or iIIegaiiy Of
the votes, the qualifications Of the officers and every
other circumstance relating the case In speaking Of
itq 70