Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-03-26

a number to be polled before sun Setting. To the
Sheriff no discretion IS given. There must appear
too great number to be poled befo,e sun setting
the voters must be- prevented from attending by rain
or che rise IF todtcr courses. No othcr causo will
authorize an adjournment--not the existence Of an
epidemic even will answer When those contingent
ccs do happen ut county election the Sheriff can
not adjourn the poll, unlcss requested by one or
more of the candidates or their agents. Why this
difference Tho commissioners in the other case not
only are authorized, but required to ndjonru' Tho
reason is obvious at of these elections there in
neither candidate nor the busy agent Of one, aud,
therefore, there is danger OF those improper and
dcmoralizng practices which sometimes occur whore
they are; whereas at the general elections the law
expressly recognises their presence and agency The
words Of the 18th section of the general election law
are these-"if the electors who appear to be 80 nu-
erous that they cannot be all poled before set
ting, or. Fly ruin or rise Of ,rassr courses many of
the electors may have been hindered from attend
ing, the Sheriff or under Sheriff may and shall bv
request one or more TIE candidates OF ttei- ayets
adjourn the proceeding, &c.
My honorable colleague draws an argument from
thrd section OF the act for the election of members
of Congress. The words relied on by him arc taE-
esed IN the copy printed for the House. and the
ducsg continuing, and closing tie poll in each county,
distric prescribed by iato in the election of
MEMBER: % me General .assem6ty." My colleague
says, Is admitted that the words cities and boroushs
must De interlarded or supplied in this clause to give
10 the proper effect, and perfectly agree with him
that these words must be supplied. From this ad
mission, he asks why then. may not the words cor
Mayor, DO supplied in the fifteenth section of the mo-
neral election law! With due respect consider this
as amounting to nothing more than plain petitio
P',nc'p1' Why do We admit that the words "cities
anu oorongs must be supplied in the sentence just
quoteH The answer is to carry into effect the knocn
ana dpparenf, nay the declared intention Of the Sec
tion containing tho sentence alluded to.
Ihat section commences by onacting that t.the per-
sons authorised by law to hold elections for members
of The General Assembly in each county ciy nns bo
rough shall conduct tho said election, &c. (reanino
the election Tor members of Congress,) at which cleo
.oh .e preceding section provides that 'the persons
guaihed by law to vote for members of the House of
vote. Sc
The law which nuthorses the voters in each couu-
ty city and borough to vote for members of Congress-
and requires elections to be holden for this
IN each county, city borough when REFERRING To the
general law for the rules by which the PROCEEDINGS
at congressional elections are to be conducted and
governed, must 0ecessa,ity be understood as intend
zed by it.
Let then, tho sentence be corrected BY supplying
the omitted words, and it will read thus: Like pro-
ciamation and proceedings shall be had for conduct
ing, continuing and closing the poll in each county.
csfy and borough ofa district is prescribed by law
IN the election of members to the General Assembly
lhen lei the question DO asked which is the sinh
Ject in dcbate-What continuing Of M, election T.;
prescribed by law in of election for members
to the General Assembly? The answer is easv and
IS to be found no where but in the second section of
1w1xIY
s,nutis, sherHs erpressy authorised 70 contnpe
the poll IN certain cases. and Mayors are no. s., am,
thorised. There is no provision of any Inv from,
winch an inference can be drawn, that such has ever
been the legislative intention, and therefore there is
no authority to supply by construction the words IN
question. "' ~
The argument will not stop here. 1t has been sts
ted already that he general law WAS made in H.
year 1855 1t has, with the other laws of the State
undergone SO many revsious that can scarccIv r,a
collect or state them. The last vas in 1870 For
the Information of members other than my colledgues
VIII state our usage in making those reyisions Al
one session of the General Assembly Commit ce
IS appointed to revise the laws during the recess
ihese reVsers are eminent jrriss of the bench and
1 oar. They reduce all the written law of the State
on the same subject into act, and repot to the
next Assembly bulls to "reduce into one act" &c &c
az the Spring elections following, the heads of III.
bar IN different part of the country elected to
sst IN acting on those revised bills the next session
The work OF revision has been simply that of revision
| IN most cases. until the year 1919. At what wns
then done, some rejoice and others feel regret Phat
assembly not only revised. but amended the laws.
they Paid the most exact attention, only to SUM-
ply each cdsus oInssus, to remedy cach defect bt =,
exercise the closest attention to the grammatical con
structon of sentences. Whoever will examine the
| revised code OF that year, will perceive in nanv on.
ses after the word che" the words .sbe or tho,
between inverted commas-he will perceive where
the word she or she' had been formerly emnloye5
the words cor they" added and standing between in
vered commas. The explanation is this For rho
ease and convenience fjudges awyers and sudents
whatever the revisors Of 1919 added or supplied is
printed between inverted COMMAS. You know. Mr.
Speaker, that the Assembly Of that year. particular
lY the Senate, contained many Of the most profound
eagle eyed juris:s of country--Inen whose indns
try and vigilance nothing escaped. With this eypla.
nation, will proceedto expound the fifteenth and sy
teenth sections of the general election law and in do
ing THIS must refer members to the printed copies
now in their hands. The fifteenth section is. and
ever since 1t wasrst enacted in 1896, has been, in
these words:- "
No slector shall be admitted to poll second time
at one and the same election ALTHOUGH MT The s,.,
time he shall have given but single vote" 1.-THE
electors who appear to be- numerous that they
not all De poed before sunsettiDg, by;ran or rise
OF water courses Rpy of the electors NAV have been
hindered from the Sheriff or under. Sber;g
may, and shall, Dyrequest Of any one or more of the
candidates, or their agents. adjourn the proceed mo-
on the poll until the next day, and from day to day
continue, giving public notice thereof. by proclama
ton at the door Of the court house. or other place