Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-12-21

"
said Wallace of the intention OF saG Gibson to sooe.
hs election 10 the Senate Il Virginia, the sroub
that the Sheriff Of Farquer had improperly con inue
he oil; on the ground also, Of the psrtisity OF ss
She',h, aud also, the ground OF ILL gal aud obi
onsbie votes poiled fer the .aii Wallace; TO ~ Il ci
notice MAS appended li.t Of votes with til,
cause OF oil ion. second notice. dated Nov mbe
n. 1880, and delivered to john II. Wallace the
.sre day from In bon, juni r. notifies tho sal.
W'ae., 'ha b., he said Gibson, would commence tex
INK dero itons the IL OF tho month. Pursu
ani to this notice. sutdry dispositions tken beo
Commissioners appointed tor that purpose by Tia,
Clerks OF Farqu r county and PInce William county
which were tetder.d evidence before our commit
re-. Ga he envelope containing these deposion,,
ne following Enforcement, 10 wit: al inio u, a.
that the within are dspo-iions taken at the instance
Cei JLhn Gil SON. jun in order to ,onsst my lection
TO the Ssoate except the m, Gu IN ss.s hecaus. mo-
beenn aud finished within the time p e.cribed by Law
aid because not otherwise t,k.p riding 10 law.
:, JOHN ROBERT WALLACE.
November 18th. 1880"
hoein< apparent that the party did TO- give motto,
ard begin TO tvko depo' within Ave DAYS after Il
close OF the el~c ion, The committee con.rain.
10 disregard them under that provision Of the law
Which declares tina, ths party fng begin aud 6ui.
tastng his deposi,ions within the time prescribed by
law. shall be p'ived OF all hen. ut of such sposi
-i'ions when token L. point Of view could tn,
committee ie~ justified in Thea. depo-i,ion
te-hneny. Evidence not delivered at Il bar OF the
Senate, not taken by authority of any from
the Senate not aiken before a committee with the re
sthet conformity with the r,qri.i'i,ns Of the Act q
Assembly touching disputed elections, was deemed
wholly iiatm's'ibie But yous comn,i are OF opin
or, rom an examination OF all the provisions OF the
statutes on the suffice, Of ell icn aud from the cir
cumstanc.s Of the case that the present contest for
sea- IN the Sen ts cahnot be REGARDED within
n nearing ut the Act regulating pa ed elections
The 18th ~riion IL the general law Il cleo ions pre
sc'bi' 10 each House tn mods OF proceeding In
tested .'ecicn- -vidsn ly cont-npla-s he Of an
omela return And the Act on the u jet OF disputed
Ell e'ion' ihroue bout 'De.ks OF cen,es ux Ia. e. cton
oil any person returned s'rve rs = nator or DELE
gate. In hi. there is no che returned IN
- Ina
contested according % the Ac' OF Assembly The
constitution allows five days AFTER the close of The
election Tor the district to compare the polls and
make return; and the law requires the party intending
10 contest the election Of the person returned TO serve
as Senator 10 give notice aud begin take dispositions
within the period. More than five DAYS eIapsed
from the close OF the election until the polls were re-
turned to the Clerks office of Fauuuier county The
controverted right OF John Gibson, Jun. and John r.
wallace 10 seat in the Senate could not therefore in
all particulars, assume the aspect of a regularly con
rested election; nor could the provisions Of the statute
IN relation to notice and deposon in the nature of
things, be fully observed by either party IT, there
fore, should become necessary 10 scrnize Tho noII
your committee believe that the only mode that re
mains OF rendering justice both parties will be the
adoption Of resolution allowing time 10 ,,kn denos;
lions.
Your comn"es Of opinion hal, according 10 the
official ia'rment made and igOed by the Sheriff OF
r"uquer county, and In iih the pol in WA
hi' duty TO have closed the --con AZ the Courbouse
al sunss; CT Monday. the Is Oc,oher. l. was pre-
''urr in The III to proc aim his intention con-
-
n ptiI va' commenced l., by reascn OF IN. rain
many voters had been prevented from attending he he'd
the power at the request OF any Of The
caAniddes or 'h-i agents, to adjourn The proceeding
on tn poll But al thu tose OF Monday after an oo-
poTtunity OF observing tie hes throwp hout he
day. S+r an opportunity II judging tom the state OF
me P"ii AMI IN r. sources OF FORMATION whether
'naGy voiers hid ben prevented from attending he
expresses he opinion. that raa cause existed 70,
sSio",nns The roli. His act i" adjournrg the poii
therefore" IN conformity with previous premature pro
eAms"on, and at he request "f &c The candidate
wall" IN opin''n ct your committee, unwarranea hy
law. Ga this branch OF The sui .c,, John r Wallace
then pro ucrd before tire committee the flowing cef
'ihcate Of the Sheriff Of FAnquier county, to wit:
" L. ia Ees 5. Pickett. Sheriff of Fauquar county.
40 h'rehy certify, that the sndum which made
on the pail held at WArrrGtoa, in October 1880 for
tie election Of Ssnstor from ri, dsric va. found
cd os my own personal Knowledge, and in ended to
express what MY persona knowisAte w a. aud no
more 10 a'ourninS thu polls for three dsys acted
men upon NY best iudgD: Mt OF the law aud upon nv
o"n know'edg. OF The state Of the weather, and that CT
MI Thomas M"rShall On't:ng his 10 my own, 10 say
the Teas, The case was, upon my of ,e
law, one OF doubt; and | gave the ell c,ors cf INV
equity toe benefit # h.t doubt. Since the Of
ne election, ave heard from undou5;ed sou ces, OF
many voters who did not tend the election accoSu
OF TIE ran, and s'a'e and thrraisnng appearance OF
the weather n, am. and have been .incc 1 mixed
In the boy Of the peerls of the county, and have
learned OF repeated rains in the county pending thu
lection on Monday, thoroughly ratified, that there 4.
itcd ample cause 10 cen inue the pe5 open for three
days. AMI that my conduct. in doing in cent r.
mi'y to law, and tn srrit al the Government. Ger
uh'd under my ha' d. hi eth day Of Nov. 1880
JAMES s PICKETT"
il is 10 be remarked. that this cetii is Obtained
ny ore parry from the Sheriff. after be iapse of one
m nth from ihe election. Tie memorandum insorpo.
rated with the po your Committee d. EN- an official
act and coz elusive as TO facts upon the Sheriff We're
mat ciiicer now called 10 testify Il bar o. the S n
ate your c. mnitee suppose that he would not per-
m'ted To contradict CT deny The Statement in said mr.
morantum. For much stronger re so1 he GU CHIT no,
10 be permitted to fl ct the ssme by a hare certificate
furnished ubsequ"nny to ore OF The parties.
The following s 'avit also laid b., fore tho com
mitte; p" iuqui'r county, 10 wit = Char b. Smith
p'r1cnaily appeared before me, Justice OF tie Peace
Tor The county Aforesaid, ard ado oath that he
he ID putty Sheriff no held the election for S-n,-
tor, r this district. at SALEM on Monday Tuesday and
Wednrfday jast-'Os, on Monday, while the 81. ciiou
was lug on, i; taned ard thunder that on receiv
ing Mr. Mar'haP. letter, stt'inR that the High She
had proclaimed at the Cou thouse, that The rolls
would 10 kept open for tree dSys, (ncIuGmg Monday
that h7 made sind! proclamation at the place wh<fe
the election was being held III Silem aud liza, bstween
tco and t" eny voters did poll their vote, on ,ha
day, on account of sal o. ocama ion. Given uIder
my h. nd 'his 2s h October, 1880
JOHN MARI, j. p"
The polls a. the two precinct elect see M to have
oeen Adjourned Under imp esion, hat they must
necsFsAfiIy coniofm TO the pursued at lie Court
house. Your committee re m thisaan err lneous con
s:rucion o. The law. Your commit e. are OF opinion
hs' under 'he Act 10 prescribe tie mode of condUc
log separate elections, the Deputy appointed and al.
ienei"g The place of taking the tepAr4s poll Icssssse
the same power on The question of adjournment from
dy 10 DAY, "a The Sheriff possesses al the Couit house
u ~ therefore, the OpiSion OF your coDne hs, the
poIl' iSsen at the precinct elections in Fsuanier
thOuld have been clos III at sunset OF MONDAY 25tb
oe,ob r. Your comImit' beg leave TO s,ste, thai
both r'r'ie- defited' tie eximDaion OF Witnesses on
he su'jset OF a'j'nnns the polls. L NUT have
p 10