Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-01-14
Remarks Of III. GARLAND Of Nelson. on The

tiNDEN
Remarks Of .Ur. GARLAND IF Nelson on Tie
motion ~ re commit the Report IF the Committee IF
PrioiteSes and Elections or The Cuipcper election
de SAID, that If the question depending before
the House were one in which the gentlemen con
testing for seat were alone interested, he would
regard 1t mere local question: 81 would certainly
iorbear making single remark but as the result of
the question was which might affect tn. interest
of the county which he represented and every other
comfy IN the Commonwealth, he W ,ud usk the IN
dm 2ence OF no House which had been 20 patiently
extended to other gentlemen while he presented 70
its consideration his views of the subject. Mr. G.
SAID, tina he Cor" mlttee, their invesiga ion of the
polls taken al the Culpeper election, had scrutinized
and rejected from 1t number of Illegal votes poll
to the sitting member, but had declined lie scrutiny
OF III" votes polled to the cnn'estng candidate on
th" ground tha' he notice g en- by the sitting mem
b"r to thu con'esting candidate, not within the
tim" prescribed by the Act of Assembly regular inc
"ec0ns counties Wile separate eiectr-.S ,y,,-n
authorized by law Mr. g. said that he correctness
IF the conclusion TO which the Committee had been
brought. depended upon the rue ION of the cts
which had been so repeatedly read in the hearing of
me House passed IN relation to separate elerans-
all tn cnu'ions OF the several acts in prescribing the
duties of the Ulcers conducting elections and pre-
scrIbng the mod" o. contrsting them, had in view
the security of representation frhm each COUNTY
according to the will of majority of he people and
at the time to avoid such DELAYS as would pre-
vent the representative from taking his as early
as possible that the county should not be unrepre-
Sehten-th2 law regulating this election is the law
regulating elections wrs issued to supply vacan-
cleS, which prescfbcS that the candidate contest
the election Of the member elect shall give his no.
tIce within FIVE days after the close IF lie eIecSion
and that the member returned should give his cnlln.
ter-notIce within five DAYS thereafter. and upon the
question what is the close Of an election depends
the correctness of the repeat ofthe COMMITTEE Mr. G.
sad, the Act OF Assembly required that the ,icer
conducting the election at the Precincts should re-
turn 10 The officer conducting the election at the
Court House, the polls taken the Precincts within
iv" days after they closed, and tha' The officer
conducting the election at the Cour' House should
examine them without delay. strike out any voters
name who had voted more than once rive notice 70
the candidates having the greatest number Of votes
and proclaim the result the first dav of The ne,
county court II had been assumed and argued with
much felicity and force by the member RIM Hano-
yer that at the end of the five DAYS within which the
polls required to be delivered to the officer con-
ing The election at the Court House was the true
time from which to compute The five DAYS and the
notice of the sitting member cons ,GuentIy was not
vthin time. Mr. G.. said, that in this he diff d
with the Committee and the member from Narrower |
and should argue that the close Of he eiection W.
IN legal contemDlailnn-the time en- the sheriff.
conducting the eection proclaimed its result TO the
citizens of the county, as directed bv the Act he
said that the Act had fixed particular time which
It termed tbe close Of tie etertion, but h conclu
sion 20 which his mind had been brought de- |
pended for It's correc ness upon the force of the ex
preston itself: and the propriey of some unnunciaon
ot the result from authorized source. When the act
h.
IN given time, is to be delivered to the officer con-
iucng the election. at the Courf-house it speaks of
the close Of the p0ilSnot the close Of the election
linen the mere end Of taking the poll is not close of
The eccon--ii it had 5ceBso regarded II would have
been so called. The polls closed when the Clerk
ceases to cutter votes, and ceriies that they arc cor
Fectly kept, but the election is closed; the same
distinction IN expression throughout all the ac
upon his subject. NJ g.. said he world ask who IS |
to close the election? Not the Clerk for be only
enters the votes and is only required BIZ law to ccri
y that he has done it corrrctv-he is not required
to cast Up the votes. and certify the number GIvpn
who hive the greatest numbers nor IS he required IN
proclaim tho rcsult-conseuuentlv he does non close
the election. No bv-standrr is authorised certninv
to do 1.-THE Sheriff officer conducng the election
IS the person who is alone authorised 10 cnse The
question then is. how the officer CONDUCTING The o.
lee ion 10 close IL? Surely in some mode prescribed
by The ac'; and the mode prescribed by the oct and
the only ono is by proclamation. This proclamation
waa required to he made on the same day the polls
@r'c c'sed before the introduction Of these separate
elections Which have caused So much trouble TO the
House. during the present session. and since their in
'rodnrloD ~ the Counties where they are authorized
at the succeeding Cour'-Jay. Sir. & said hr could
rot well coDce how the election could be regarded
as closed. while any thing remained to BE- done re-
CURED bv the net to ascertain the result. The result
Of every election must be ascer' aimed in somr fixed
mode, and from fiji .a authority; and that ascertain
uent alone be regarded the close because upou
no other information can anv p~reon in'eres cd acf
n relation to if. II is true, by-s:ardcr may know
he result hut nc is not authorized 70 Dr5c5jrn The.