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

eqirod 81 candidate or eecor &c pcra,i pon lehe'
act IN ceoin cases. FOR which see s. q H. and IL sec,o W
cong district law, and &c. H. sections of %
general law of elections all prove that the oxn
bestowed and imposed upon officers ap,o;n,rd Lowers
tlensGraic and equal. o. 49, So''-
But. SIR # further illustration required look a, the enact,
nen,s OF Virginia relating this the nro
cee'ng en- the poll framed government of Officers IL;
oier elections In the 'aci providing appointment of
electors choose President end Vice President of the Inn
ted States section = we find this provisions f shall an
were prevented attending by weather o. from , anv
Other cause they hereby empowered required To keen
we po open Tor term not exceeding three days" No dis.
ccton Is here made between county borough RI.
commissioners holding the election in either charged with
are authorized keep me po opcn they see cau,c 70
sufe therefore that tns power of adjouuine proceed.
s On e pi was not intended TO conferred OH the mavor
oil city or borough cn;ed representation in elections Tor
o Inc S,ae LEGISLATURE aud Of the House of Repre-.
c'Ves oil The United States when the ample uover
gwen Tor ms purpose by the appointing electors to choose
nSn! anu wee President Of The United States involve.
IN 'isa''c IN the strange nalcus ,ruity having left
ms v''a privilege without adequate for IFS fee and
ne exercise M the whilst preserve un,na,rcd i,
me nhor Tue utmost caution has been observed And win i.
ne less important tina, the people, the original con-
ong source OF legislation should be and
y, WIS fSh', when exercised in the choice of those
charged w'th their best and dearest interests their iS;o
representatives. mere assembled, than in the election IF ,y,n.
date agents choose Prescn, and Vice pres,en, f h
United state" In further confirmation tina, the bower 10 adj
GERS appointed ,oconduc, elections. whether ~, CHE, boroh
o. IA counties the legislature OF Virginia. recently in
enicten la" Prov ing the which polls should
ne kept upon the question OF adopting rejecting The eons,
o recommended to tho people by the convention which
alleged h is' aln the aa ta 81 Norfolk n0o
passes e power TO adjourn the proceeding poll
on tins occasion to justify its exercise Whether anv one
me causes |s me view and meaning of the did did
testimony before You. and which, trust every member vii
examine for himself But sir, admit for non;en, ,a, WIN
sonable doubt exis, the rghnl authority Of this off
GER under any circumstances, adjourn poll over or M
power he granted, still that may fairly questioned wheh.r
any one of the specified JUSTLY, exercise in The
present easel Pake question oro conc;eno To wha,
end was the power used 10 enlarge support the elective
franchise: when the refusal exercise have excluded
Mom the poll large portion Of the of Norfolk borough
Inc testimony adduced 10 sustain the authority exercised in
keeping the pol! open beyond the first Jay that of the Office
himself who conducted the election detailing infinitely and
ea'y an the incidents and his testimony bv the
dsposions of other high public confidence and vino
as candidates for the suages pcopiebeng present M
'a me whoie scenewee enabled TO speak, from perfect
knowledge Of what dispassionate examipao
OF al the evidence cannot fall think, satisfy every one
ht cons The poll on the FIRST day would have amounted to
an open unqualified denial of the right suffrage to arre
poo' OF tne voters Of Norfolk borough in this election The
pol se SHOW: that considerable number had voted on
the r day and the dispositions referred persons repeat
most competent; we'll o official responsibility as from the
positions ey occupied 10 speak OF every circumstance and 10
o y5 ,eas 3 rs and jus. weight
a;' IN ,he words OF the law, they they
could not all be po!!ed before setting" the officer who
conducted the election did NOT hesitate therefore, in
e power conferred upon hun by wise and saluary
meh to avert the papabe and crying that must Other
election Tor Representative 10 this House only In obed
ence to law election held same time for Senator
opened for six candidates; aud when, connection with The
time consumed in entering the names in poll books and
the peculiar character of the chartered qualifications and The
number of challenges the face of po exhibits no small
things calm and deliberate consideration is bestowed on
other facts touching this point disclosed dispositions it
must be perfectly obvious that the the aerna
tive to adjourn the poll putting absolute n,erd,
on the elective franchise Indeed Blu, lille asnon to all the
circumstances OF the must persuaded, produce con-
vcon IN The mind of every member of this committee that il
was both morally and physically impossible any human
ens tine vote being viva voce have the whole Doll
nu The time the vo.ns setting Ard
at an earlier hour II marks, strongly nv soIcinds m
The subject and the part by either Candidate for seat in
this tonse producing delay which tho nayo, coald nnt
nave controlled without. subjecg himself to the highest cen
sure If not meed execrat!on sitting member who non
charges him with abuse of the responsible trust con6des
to h-a usurpa;on reprobated by every dictate Of sce
and every principle Of honor is Cor me- sir TO defend
the officer against This offensive charge In what manner n
how iar rs sustained by the evidence the House viii de-
But, sir referred tie contested cleo Of Basel,
ana Barley In one of the documents upon your table the Sit
lung member says that t is remarkable strange case il
port OF his objec,ions yet after round assertion all ht
mas thought ut to lei you know about that he county
Us one OF me largest 10 the State of Virginia. This
important fact vii dispute take leave to excnd vo
c ariheT by reading that part of the report Of the
IN Toe case which relates the point question:
~ III CID not appear nor was pretended that any rain
mao asn or that any rise of waters had taken place The
@ Iuesion was whether The other condition had happened
on which The law authorized continuance OF the poll 5eyor
'e etion commenced early and progressed randy and
WIN no inernissons except such appeared necessary IN
pied by friend of The pc,ioac il, sddresn- ,c nso
iha towards the close Of day. voters became moro -c
votes ,sre ; Previous 70 sun setting, very few, any,
es az the oor OF the court house. ha unless other voters
"ould como forward tie eecinn youd he closed That abos
sun setting four persons appeared demanded the PRIVILEGE
NO o. these were deputies II the sheriff who were pre-
h p:ng me day. assisting The election; il did not appear
wgther the remaining had been present during the ds
du s appeared at that late moment The sheriff continued
escon over to the second day, the request the AGENT
OF The sitting member though objected to AT the TING bv the
as OF me petitioner as unauthorized and illegal From this
3o,r colee we're very clearly Of the opinion that The event
dd not happen which the authority Of Inc .hc r.,
aaloum over he eIec'o that the question: Whether more
persons nui appeared than could be poied the first day
was mere Question OF fact allowing discretion whatever in
the Officer and that the subsequent proceedings Illegal
and that the votes received e second and third days ought
to be rejected appears ha IS given
Gays for the sitting member and votes cr the petitioner
no III CONTINUED
see dispositions ri John T. Holt WIN c. Io't ard rgh
Grgsby. 'e
TOBACCO.