Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-04

perhaps equally important. which were not very strictly
attended to- The sheriff directed TO do many things
of the necessity of which there might be some doubt
He was directed TO his deputies TO draw parallel
lines on paper-a process which might require more
mathematical science than they possessed, and make
it necessary obtain aid for them from the University
He was required to the land books 10 be carried
by his deputies the polls OF the precincts to be sworn
himself, and his deputies TO be sworn, 10 make
return which to be put in the hands Of the Clerk Of
this House the day before the legislature mccts-a
QUESTION which had not been complied with once in one
hundred times, since Virginia the old Dominion
There faults and failures which in their very
nature were penal--but there also which
not sosome transgressions OF ormalities which
admitted TO be venial Why should the neglect oil
one formay be severely visited than that Of
Their! Why should an election be superseded because
the Sherhas not made three several prociama'ions,
when candidate had received two-thirds OF the lc
gal votes, and OF the will of the people there could be
doubt-or because the Deputy had failed TO carry
with him 10 the polls the land books. because the
Sheriff had not been sworn, For these negligence, of
officers, should the people be deprived Of the weight
which majority of votes ought to give thcml-And he
begged here TO be allowed TO make an incidental
mark They had had within day or two an illusra-
ton that tho system of precinct elections growing
upon the people with amazing rapidity, and i'm really
alarming manner. II was not perhaps proper for
located far doDn in the State he TO pretend
TO Judge what expedien beneficial for others in
different sections OF the Commonwealth. But he con-
sidered the general system Of Precinct ections
highly injurious TO the welfare OF the people. They
gave opportunities for the PRONUNCIATION Of SANDERS be-
hind the backs Of candidates for Offices which il
out of their power to reute, and which would meet
with prompt denial at the regular elections at tho Court
Houses of the counties. He had always been opposed
TO this system and he regretted to that il fast
increasing IL under this system the principle advanc
ed by the gentleman from Prince George tenabe
then, il the election III OF the precincts of
y should not be regular, the county election must al
ways be vacated lie Of opinion that il this view
OF the matter should be sustained-and he appealed
to those, who knew than he did, the subject Of
precinct eltc,ions-It, he repaired, these grounds
could be sustained, there never had been legal cleo
in Tho If Ditta 81.
OF the State to DO elective by the p-ople-the law d
reefs that they shall vote at their respective precincts
therefore if, in any one Of the precincts 10 the
whole State OF Virgina, careless, or perhaps cor
rup officer should to take the oath required by
Iaw-the wbos election would be invalidatsd The
same would occur in the Presidential Eieotion-and il
nust upon the same principle, also be conced d, that
the New Constitution, under the sanction ef which
this Hous, was now acting, had not besn legally a.
dop'ed by the peoPeor the fact appeared 10 be, that
the Commissioners bad not been for three years
Then, Mr. Speaker, accord ng TO this principle you
have no right to sit in the chair which you occu.
py-nor to address You delegate 10 this House,.
Sir II the principle here advanced could be sustained
ould not consent to live In the country where il
was es,ablis' cd How easy would il be, in such a
Gaze. the Sheriff who might have his fvori'e cand
iate II he were unsuccessful, TO come forward and
state, tina, he had forgotten TO take the oath and
therefore, occasion new election with the hopes Ell
winning the second race for he had always Observed
tat in contests whether political ply sicai the o
ing party was anxious to try the second rare He OBJ
served that the gentleman from Prince George laid
great stress upon That clause oil the law, which reQuir
ed that the Commissioner should be sworn before
erng upon their duties. That was unve Greatly the
cass- and this argument brought him (Mr. b. to the
,ou alton OF another question Surprising the Of
icer had neglected 10 take the oath requiseddd il
,ecessar.y follow that his official acts void No;
hat would not DO a consequence al such neglect. He
had great regard for the feelings OF hi friend from
Prince George he would refer to foreign authorities
to shew the conrary-to authorities in the legal
cords OF Englsnd aud whatever might be said Of TO-
reign prsceIen,s, ought 10 forget the valoa-
Bile principles for which have been indebted TO that
country Bu, in our own country, the question had
'eeu decided, and by Judge, to whom 1, would dis
race TO be considered second. l. the 20
which he alluded, the officers appointed, and,
Without taking the OATH went and performed their
it was found at last, that they had not taxi
N the oa;hs. Yet, their acts decided to have
'een legal and ii declared by Chancellor Kent,
hat although the Completeness in that case, were
liable to punishment for the neglect YET that so far
heir acts concerned hifd persons aud the public, they
we're valid Did any person agine, That because the
sheriff. after session Of The Superior Court, shouij
ave proceeded to perform the duties imposed uon him
" It's decisions, aud bave forgotten TO take the oath
II his office, the foundations of society to be rip
ed up, and al! his acts reversed Or, suppose Judge
the Superior Court so upon the Bench aud forget
take the OATH his decisions to he declared void?
Surely not. TIE safety OF society required, that the
ieeect o these preliminary initiG, should not inter
ere with considerations OF far higher importance. In
ne State and an enlightened Sate,-the question,
IS he had shewn, had been decided-and case, from
he comfy OF Nicholas, had formerly occurred in this
House, OF a similar nature, aud similarly settled.
The House did not send back the members-.ecaus
wss found that no particular injury hal resulted from
he neglect nj the off eDdng the election y
nd that, in all probability, had the officer been sworn
he result would have been the same. The members
ect were, therefore, not sent back to the people but
we're confirmed in their seats. Aud on this point he
legged be allowed the observation that the House
ways looked LEES to the Interests of Ih4 conestrg
candidates. than 10 those of their masters-the people
nd in ali the first oh ect OF the House ought to
'e to give eff ct TO the will OF those Who had the right
o say, whether they wished member 10 sill here
lot
Mr.. Leigh would thank the gen leman from Dinwid-
lie, TO specify The case to which he had alluded, in
which main aimed, that the neglect OF thu Com
nssionrrs TO take the OATH did not what's the election
Mr.. Brodnay seid he would read The TO wbirh
he had referred. He then read a from: the 7h
obDsons Reports page $40, in which Chief Justice
snt decided, in the Of Road Commits oners that
although they not sworn their acts we're valid
his. lac said, was but out OF many authorities,
which sustained thai though officers thus neglscting
to take the oath required by law, liable TO PEN
atty Tor The off nee, did not va,e their rfo
ed, un Ter color OF title given them by tir appoint
neHt.
Mr. Leigh said that he should not have iaterfered
in this question, AZ all, he of opinion, that
proper, th fret session Of the Legislature unde
The new Consitu,iop. that decision should b. arrived
at on every matter which concerned IN. rights Of the
people. And their right 10 send members h~rs, was
certainly one which ought to be considered with care,
AID protected in evsry possible manner. RE free
II acknowledge, that the first impression hi, mind,
in regard TO this question: the that Of the
gentleman from Dinwiddie. that, although the Com.
missioners negsciing TO take The oa'hs liable Ia
puDsbn en their neglect did not aft ct thu validity oil
their acis. And II not Until after considerable
Becon That be began 10 do1bt the correctness Of hat
view OF the subject There was no doubt, that where
a Sheriff neglected 10 qualify himself and vet was act
[,-ga n