Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-05-11

Ia
presentation, shall be divided into twenty three dis
tricts in the manner following, Sc" Sec. ID ,.'That
the persons qualified by law to vote for mcmbers Of
the House OF Delegates, in ac!, county city and bo-
rough composing district, shalt assemble at their re-
spcct!yc court houses other places. Ser Soc Sd
''Ihc person authorised by law hold elections for
members OF the General Assembly. in each county.
city and borough shall conduct the said election Mt
which no deteTnn ion shall be he had nv view brt
each person qualified Ia vote shall fairly and publicly
poll! and the name OF the voter shall be duly enter
cd, under the name OF the person voted for iii pro-
poll books TO be provided by the officer conduct
ing the elections" and after directing that writer's
shall be appointed to take the poll. it proceeds s.Ie
proclamation and proceedings shall he had tjr conduc
ting contsuia and closing The poll n. estck couafy
Of district, prescribed by law in the election of
lbers TO the General Assembly; and proclamation
shall also be made at the house door or mace of
holding election, OF the crson having the greatest
number oi votes on the polls the closing thereof.
Bach ecctor shaiie entitled the same priyene from
arrest and be subject to the like penalty md orJature
for failing TO attend AMI voe such election as is
prescribed in the of election of ueches tn thc
General Assembly. In order to discover and punish
such failure to attend and VOTE the sheriff or other
officer conducting The poll, the clerk of the county or
corporation court and the presiding gisrate shall
scVeray perform the same d,.y relation To the
elections under this act, and be subject to the same
penalty Tor neglect thereof, is p.esrbel for them,
respectively, III relation members OF he General
Assembly. by the 9Th section OF the act passed the
"oth OF December 1855 entitled act concerning
the election OF members of the General Assembly,"
The county and CORPORATION courts shall i'm, he
same power to remit fines hereby imposed on free
holders for falling to attend and vote. they havc by
law, to remit fines imposed Ereehoders Tor falling
to attend and vote at elections Cor members of the
General Assembly Sec. ith. ''ifthe MAYOR cf any
city or borough entitled to representation in the Ge-
neral Assembly. shall By deuth or any other cause
whatever, be unable TO attend and conduc; the cleo
non Tor Representative to Congress according to
the provisions Of this then the recorder or if
tIeie be go recorder, lie be uuabc 10 attend TIE
senior alderman, capable of attending shall attend
and corduc; such ccc ion according to law" Tie
next Is IAN act reducing into ct the several acts
concerning the election OF members Of The General
Assembly, &C.. by which the officer authorised to
hold elections for members of Congress in each couu-
y, city and borough, is required 10 conduci the poll
in said elections and which provides: Sec. Is. mo
eector shall be admitted to poll second tine at one
and the same election although at the first lime he
Shall have given but u single vote II the electors
who appear be so NUMEROUS that they cannot all be
polied before sunsetn5; IT. by rain or rise of wa
ter courses many Of the electors may have been him
ccred from attending. the sheriff. under sheriff
may and shall, by request of any more Of the
Candidates, or their agents, aGjou The proceeding
on Tue po until the next day, and from iay TO iay
Tor four days, tSnndays excluded if the same cause
continue; giving public notice thereof, by proclama-
t!o at tie door OF the house her place of
holding such elections and shall on the last Gay Of
the election, conclude the poll, according 10 the d
recions aforesaid; but it the poll be held at any
such election is not closed The first day. the same
shall be Kept open two days thereafter at least"
provisions, AMI every other provision of the election
laws of Virginia, cannot la think, to find warrant
sufficient tor the power exercised by the Mayor of
Norfolk Borough, in continuing the poll over As TO
which, until this presented ITSELF did not ina
glne quest ion could arise; and the question is made
here in default of the words ssor Mayor after the
word Sheriff, III the last provision to which have
referred In regard to every other power con frroa
and al other duties Imposed upon sherGs and o.er
oticers conducting elections counties, Ike powers
are conferred, and Ike duties imposed upon Off
GERS, conducting elections in cities and borourhs
\ ct this power OF a'lournng the poll over ner,aps
The most important NJ all is to be rteIl from the
latter, because Of the omission OF two words in n
solitary insulated provision, completely supplied as
they are by the context the obvious import and whole
spIit Of all the Legislative enactments upon the s,lh
ect. is this Sir, to be construed differently from all
other ren'cdia| statutes? The Legislature intended
here TO provide against probable mischief Tie
sheriff OF countyls clearly in possession Of the re-
qu site power, which strange is denied TO the
mayor oi city or borough, when precisely the same
"ScR', which ne iOa0 enacted TO cure must me
ufabiy result for 'ranf 9fite remedy. If indeed as
is gravely maintainet one Of the 3apers before mo
no power whatever bestowed by the election laws
OF virginia, upon tie mayor IF a corporation and
The only ministerial Offices he ran DISCHARGE are
those OF holding the election and sra1nr certifcate
and holding the election be taken tht strict tech
meal sense conendcd for, then his officer sinks into
mere automaton. He j. utterly incapable of gi-
wing effect to the popular voice elections: of up
holding, by any efficient Of authority, the most
dear and noble privilege known to the constitution
ana laws. VIII you--can you, Sir, consider him
thus impotent, III the discharge Of this high nction
de is required by the law, rnade for ms guide and
government, to conduct the election, and as the cleo
ton cannot be conducted without proclamation and
other proceedings (Which proclamation and proceed
l19S, unGeF the construction set Up, must aDDJy 10
county orly, tie words city or borough being omit
ted after the word county, you perceive in the Sd
section OF e congressional district law Just read as
tne wore mayor Is omitted after the word sheriff, in
the provision relied npon,) conducting the election,
'EG sucs proceeding as are necessary 10 It's legitimate
contamination, / maintain were plainly intended
TO extend, as well to the mayor of city or DO,
rough, to the sheriff of county, to invest both
with similar and equal Pooers, to he &aDtc end and
purpose.
he statute 10 which hrs asked your attention n bv lis
e ian act fox arranging the counties of this
@ 10 chooss RepIeseutatvrs TO Congress" Then
st BE enacted by the General 8sseinbiy that
me counties OF this commonwealth and tire cities and JoepHs
entitled to representation shall be divided twenty5rce
oisc III The manner following, &c sect I'd. And be it
"stner enacted fhat the persons qualified by law fo
members to tie House Of Delegates each County cv