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

which he hal submitted, stl he had TO ALL 90 h. h,.r
upon !as subject he asked leave to defend himself
from The gentlemen from Fsucuier aud Dinwddie, from
arguments which he considered absurd In the extreme
He would Get out on the priucipie o. the
gentleman hon Fsuquisr, aud the Republican prinei.
pie OF tue gentleman from Dowiidie, aud IL he could
not shew TINT they were Inconsistent and that the
su uuonali,y Of the oos and tho republic OF the
other. did not sustain themselves, he would willingly
ceue tha question. Their arguu. nis amounted 10 thu
The House has right TO judge Of the election 81 ,s
own members. and hence, COMMITTEES srroir ted TO
consider an objection made to tho validity OF the re-
turn OF memb,r, has right TO 70 into The consiJers.
ton OF any question relative TO the election Of tina,
member, however foreign may be- to .he int nh
m,tted to It. On this head We are at issue. He had
intended to cay that II were tscove red that the
Were corruption In election. the House had no rsnt
to set that eiscon aside. He had not act out wi q
dee., alton like 'his-li and candidates. and
hsd the majority OF votes, he had right his return
whether those votes be good votes or bad. lie had
only nssted on tho compliance with the law which
makes ,oe duty OF the Shsrff 10 return the member
VINO receives the largest number OF votes The alb
snrd''y OF the matter is ,his-here 10 who hs. be-
returned by the Sheriff, and when you ccnc his re-
.u,n as Invalid, because b. had the iarses, number OF
vo'es-he turns round aud says--"Oh, sir, had a
msjority Of good votes" But that was not the cues
ton hrst at issue. The House had right 10
that question: but before they proceed to do that tbr
ought TO set the main question Of the validity of the
return right Sir, would not be ring for the Court Of
Appeals or Court OF Chancery, where a decision OF
an important question was before them, to embarras.
'h-riieeon by ,hs interpolation OF little bubbles. no,
necessarily conn c'ed with the question. And on that
same question, would rot an homes, Judge decide at
once II is true tina, II you 90 into Court Of Isw
ihers is also an equity eide. Blu, he ,hou,d ike TO
know where the Committee of Privileges and ec,ion,
oelsoed ito equity jur'dc'ion. They had assumed il,
%any rate ana hey bad here presented report in
US the facts upon which Is founded; but they cav
they have them. Let US have them also Flo wished
to be fully informed on tho subject When IN. f,c,.
were produced, the House could decide Aud then Il,
appeared that the returned member had the largest
number OF votes, let him retain the seat. He had
snawn nst gentleman bn, lately; but his repua ion h.
nad known simost ever since he knew nssif and he
Intended az no compliment, when he ssd he believed
he knew and was capable Of protecting h,s rights
But he was opposed 10 the chancery which
tn committee had taken upon itself.
that gentleman was fatty returned. he had a right
TO the seat-bu II he was not returned, the House
nau right to deprive him OF it, AMI it appsars from
the report, return wa, an invalid one /, a.o
appears that Mr.. Davis had msjori,y Of the votes
Il lot admitted by the competitor OF Mr.. Davis that
ths latter had the ori,y Of voe The return then
is beyond dispute, illegal and if the re,ut ID member
cannon hold the seat, because he had not majority II
follows as consequence, that Davis claim the seat
on majority OF the po' This is surely not suppos.
uous-'or II the gentleman who ha, been returned can
cit here on an illegal returo, which Is OF no force why
cannot Davis k- his seat the strength OF having
received majority! The examn lion Of the poll is an
after question: and If tho right of the returned csud
date TO seat here depends upon IL, why can it not b.
examined! Is il so defective to defy examina ion
ihere was surely time enough for the taking of ada
vs Tho case really presented serious stats of thing
Here was member returned who could mn, ra,sin
his seat because Of the illegaly Of the return while
another could not hold II ahoug h was al, led 10 il
by majority, because the return which shouid bay.
been given to him, lille ally given to his opuope nj
Something had been said in relation to feelings on this
subject lie thought he need not say that he was not
| swayed by any feeling other than that which ey.,v
member ought to entertain 10 perorm ming his duty III.
had not argued this subject with regari TO ndivduais
Out as an important question, and one in which The
whole Commonwealth was Interested He though,
he Hous, oughtto place the matter on fair foo,in,
oy dcids which should have been done at fret,
Let h.,
take his at, and leave the question Of the legality of
his elton where ought to beia the hands of tn
people IL, on investigation, he cannot retain it, let
Ma county make the declaration. But he could not
aeceds to the combination of ruhj.cs which he com.
mhtee had entered into. There question Of some
Importance connected with this-he aIIuded 10 IN.
duties OF Sheriff. He knew enough bu, no, "a much
as others. OF the conduct Of those officers They often
conducted elections in the mos, insidous mannerth-y
had II In their power. in many instances 10 dspriye
gen,lemtn 10 whom they were not attached of th,ir
rights-uniess those gentlemen had spirit enough to
ride over them,-and they nesdsd TO be booted and
spurredJor The TASK. In this instance, he did not saw
that such was the conduct Of the Sheriff But il wa.
evident that he had made which he mu have
known was not according to the law. The course
which M wished h case to take, seemed to him the
only proper one. IL this case alone that was
concern'd-,here were many others to be setteJ and
was an important object to make dedi-ion on
the hrst case tina, occurred his desire 10 set Ia
the question OF the right Of suffrage fairy-aud no
only the right OF suffrage but the powers of the officers
who preside over elections II being admitted u at the
sitting member, because Davis had majority of voes
il must slso be admitted that the latter is entitled TO the
seat. IL time had not betn given 10 obtain evidence
u could be given, and should ii eventually be found
that the election void, both could be n back TO
the psope. The otjbct was frat to decide who wac
entitled to seat That question seemed clear TO Mr.
T.. H. after Mr. DAVIS had been allowed 10 tske the
seat which. on the face Of things he was entitled TO-
the election found to be void, and the candidates
were again cent to the people, he (ir trusted that
the Sheriff Of Orange would be taught whether the
payment Of the tax OF last year or this. entitled 10
vote; aud above all, that he woad be taught to re mem
ber as long as he fit TO hold hiI Office or was re-
tanned In IL, That he not constitutional Rdirvfr
he wished these subjects to he decided pednusy
az po-sibie-tbe sooner the bettFraud correct dec-
sion OF the 6rs case. would greatly facilitate the dis
| position OF those which were to come after
Me- Barbour in rising said, that when he came 10 the
House this morning 1t was for the purpose OF taking
leave Of the lew members with whom he on terms
ct eDdsbP, thinking that this case had been settled
and that his opponent and himself were going back TO
that tribunal which could not err-he had supoos ID
from what passed yesterday in the committee th II this
contest could be brought up here again or that,
least, could not be brought up by his opponent In.
jill not deny that every gentleman bad right IN ar, s
seemed {, him beet, without consulting his adversarv.
but VI the objection which now made 10 the rspor
o. the Committee, has been made at the insigaiion of
biz opponent
Mr. Eppes said. il not 90 made
Mr. Barbour resumed. He had adverted 10 the TN
expected inannsrin which this d cus.on had stisen
in order to excuse the imperfect rewark. which he was
about address to the house. May l. said Mr. r.
have liteity 20 msks Few observations more parliru-
y concei ming my-e before eni ring upon the aues.
ton now bel rs The hoUse?-Lssve being granted
MIR. u. said, MIR Speaker, L. IL lowed that every man
this country. whether high or low 1. inter.ssJ a
securing the appreciation If that unsrrng tibunsl-
public opnion-irom which II ere is no apeeal And
mus, cay that l have far greater anxiety, that nv