Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-06

pure, vituous soniersrdent md in lslible as
20 require an oath at alp II seemd to him to be
violent presumption. H. hal already shewn that these
| ofhe'rs were OF sworn. al he woua now show tbs
he eff ct Of their not bling sworn, 10 deprive hin
of ih> return. Nc Henshsw, who acted az sn-
| peIntep ant at Garthwfighfs, s~esrs hat if he
had been culy qualified he would have rejected
votes that were sllowei TO go upon the polls
| Now, then, ii that poll overlooked at, il
at that place SO votes, aud he (Air p 63-of si,
number MIR. p. got three and only three that did no
veto for Mr.. Hansbrough. Col. Gibson Rad in all 35
The thFee who voted Ter him (Mr. P) without voting
Tor Mr. Hsnsbrough were al eet o.dess. IL 10, there
TORE obvious, at he (Mr. could not possibly have
been reduced single vote, wiIout Mr. Bansbioueh',
being reduced pari passu" with hm-whilst he (Mr
H might have been reducedtwen y eight vote With
out Mr.. p. losing one.-Now, Mr.. III. CARED the re-
turn from him by two vo,es-The Com mittee had de.
cdrd. that out OF This 2s vO'e', several were bad =
Had Mr.. Henshaw been sworn, he would not have al.
lowed these votes 10 be entered and. by consequence
Mr. p. nust have had the return-No one would sup.
pose for momont, that any sort OF rule could have
brought up the difference between C,l. Gibson and
himself. He thought that il was very apparent that
the result of the election varied by this violation
Of the law OF the ndviz the law Of elections hch
thus decided s he took the decon) 10 be OF higher
,hory, than the Constitution of This Commonw esltb.
The next irreguiary was is:-The Constitution was
differently construed at the different places of election,
in regard TO the Right OF Surag e.-At place,
Of families, who bad paid tax Tor 1880, were allow
ed to vote, unless they had likewise paid for 1929
At other places, and, Indeed, at all the paces ex-
la'ge majority Of the es,)-,he taxpayers OF
1880 allowed vote to the exclusion Of
those OF lS29-(tIere the dispositions Of III. II Meme.
tee, VIM. |. Menefes anil Of John c. Major were call.
ed Tor. ADD read establishing these facts He had
s.tab shed under much more aggravated cir cumst0n
ces, all the irregularities that pretended TO
have ed in the Orsnge csss-Iu that case hi.
House soc nny decided that out 500 or1O votes taken
at the ecincs, difference OF IL effected in la
your OF the foremost candidatesnd he should be great
y obliged TO any gentleman in this House, WHO would
hnvxh hxrx hat nj he rnn1I
rive at the conclusion, that IL ference had been ef
scted the South side OF the Rapid Aun river by par
cular cause, ard that yet thar s.lisame cause upon
its north side had not made difference OF rOtes out
OF lS00:-ior at tbs polls at which these 1900 votes
were taken the aggregate vote Of the three gentle
men contending with him, was much greater than HE.
suppose that tho same restrictive construction which
prevailed AT Jefsrsontou had been adopted at the other
places Of election any in this House doubt tba
he shoud have been returned by very large majority;
err on the other hsnd, had the same liberal construction
prevssd at JeHerssnion, that did prevail at tie other
places, not probable that he must have taken the
return with ease? lie asked, in the name of tie peo-
Pile OF Culpeper, end especially in the name OF the
Washing ton, the Jt fsrssn, aud the Gatawrights pre-
cincs, for tina, justice which the House other',
in eases esen,ng not the hunreth part OF the set 9Th
OF this. The next point ptesensd by his memorial,
and which he considered stronger then all the hers
together was, that the polls closed upon him at
his second best precinct, the third day OF the ei,c
tion whilst at other places ihsy kept open until
the eud OF the fourth day. This, too don without
his consent that Of his representatives. The proof
upou the table hewed that this fact occurred and that
the effect 10 deprive HIM Of the benefit of votes
noug to have given him the return, which attended
the fourth day Jefferson ION, and could vote the
Ills being closed, though the Super had the
day before, informed the people they should be kept
open the fourth day. Hefe the dispositions of Martin
Fishhack, WIN. Ward, WIN. W.Joncs, and John Meme
f-e, Jun, were called for, ard read Tie tes,i-
mony which had been cad she wed that the cause for
keeping open the polls did continu-hat the Commits
sioners said in the morning, that they should be kent
open the four days. and that numbers Of Mr. Ps friends
who attended the fourth day, found them closed and
therefore could not voe-could any man doubt that in
despite OF all other d cues, he have gained the
return in the absence OF this irregu'arity. The
next allegation of his memorial was that the Sheriff so
steps directed by the law. The law repaired that in
i've days after the election, party meaning 10 contest
shall give notice, and list OF disputed votes, &c the
returned member In this case, there return
ed member until % days after the close of he election
suppose he had chosen to give notice, 10 whom was
he 10 give il? There return, and without re-
turn there could not be notice. Then, suppose he had
given the notice after the return was actually made
the committee would at once, have declared him SEQ
JUDGE" for though, in the beginning of the
session, he understood them considering the cleo
ton 10 terminate at the following November Court |
yet they had certainly come 10 a different con-
clusion snce and taken five days after the ac- !
tuai termination Of the voting the time MIR. |
HansSercuehs notice, bearing date the % OF Nov had
cen solemniy decided to al time though il was
eight days earlier than there any whatever
lie mentioned this. ard outrsg irregu
larity, calculated in his oihon show the sem
bly, how This Culpeper eec n lad been managed. He
did not II say that had the sheriff done HE
duty, be shoud have made contest about the votes
he meant only to Fay, that, had he been dispoed, he
could not have done Ii had been said that he aiv-
ed any demand growing oHt of the misconduct OF the
sh riff. He did under the first decision of the
mittee. They changed their opinion, ard he had the
sane RICH, 10 change his snd therefore he had a lud
ed 10 this circumstance. There had been grea, deal
said, about his disclaimer before the committee; and
his friends had not exactly understood why, aud how
Tar he did ciscaim he would explain. When Col. |
Gibson gave the sitting member notice, he pro-
ceedng 10 great haste TO prepare for him, Mr. p
This was the evening Of he 9th day after the cleo
II m. with view TO his accornmOda nn, and with Ina
view only, he told him he need not trouble himself
bout the lie, at that mcmsn'-'o make IT out in
reasonable time, and he would ackno8 ledge il as
h 'ViDg been given in time. The Comm's toner's to
take depo'ions appointed--They met, add he,
Mr. p, Cal-d o. Col Gibson 10 give him i.t. lie |
would not do so The utj' Ct mentioned time a.
rer ime-Col Gibson 'ecared at all tifues, hat he
idsred him out OF the contest. Yet, sir, said Mr.
on the Iast day on which the miss toner's ct,
the Colonel brought him lsl and tqrifed him 10 Sign
II, when IL was utterly impossible iOr him to take
PARTICLE eviienoe, aud ne few THE com II on
eTs had already Diet rmined 10 adjourn hat Y, ~
day. He, therehr- a, hr,t refused to sign it--but
Co. q. reminled him that he bad pfoni-sd sgn IT,
and required that he should do tile did 30 - nd
thrn he derrmir ed, finding after coming here, tha
Col. C.. claimed The be- nsi ofte-whole lis as houe
il had all been regularly done TO surrsnd his claim to
the seat rather than TO incur any impuatcn frcm any
quarter In order TO chow how he had been induced e.
give Col G. this advantage and 70 destroy the effect q
u, he should have been compelled 10 the force Of
a paper bearing his own signature. This the
PLANTATION, ard il would be cOntTovsTted. lie did
waive then and nov, all pteension the seat. Had he
enfispossd TO enter into Squabbe about the votes
he should have shown, he believed that he had more
legal votes than euy Of the gen'lemenceItajny more