Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-01-14

uIT,
one be justified IN acting under knowledge of the
result, derived in any other than an official way-
The candidates elected, may know from their own
observation of the poll that they elected but thew
capnot take their seats upon this knowlcdae; thew
must have the certificate of he Sheriff in the form
prescribed by the act Then, the law does not au
thorize speak Of close of the election except by
proclamation of the officer conducting The succeed
ing Cour,day after the delivery of the polls, nov in
CON est, the closing of the election for Cul
pepper; and the period from which the time within
WEIGH the notices might be given, computed, which
brings the notice of the sitting member to the con-
testing candidate, within time Mr. G. said this mr.
gume'f would be greatly strengthened, when aen--
tcnipn remembered that the time of Eve DAYS within
whcn me pos taken at the precincts to be de-
hVereo had reference 10 that exclusively and not to
comparing and closing the DOLL There is no time
prescribed to tho officer to whom the poll is required
to be delivered within which, he shall compn re the
polls and ascertain who cleo ed-nll he is reoured
tn do. is t. compare the polls without delay and no.
iy til" persons having the greatest number of votes
OF their election In relation TO the time. the Sheriff
receive the poll at the close of the five DAVIS and
not be able to compare them within the limits nor
perhaps could be able to do within five DAYS there
after; and then no notice could be given account
OF the lapse of time arising from the delay of The She
rlif In relation To the notification he persons elected
required by the act there seemed to nm fsad Mr. r; \
sti gr ater difficulty a. what time are the candidates
elected 10 be notified of their election? Was there anv
express limitation! Certainly nonethe Sheriff might
retain the result of the election in his own mind and
not make 1t known TT a human being. for more than
i've days at'er receiving the poll and thus secure the
seats o tavorite candidates. from contest what
ever although the election might be ever so SUCCESS
fully contested. for to whom is q notice to he Given
until the Sheriff makes known the result in the man
ner prescribed by law, unless you require to give eff
Iect 10 the argument in support of the report all the
proceedlhgS required by the act upon unofficial nfor
nation, which surely will be commended for
Suppose case OF tie upon comparison of the polls
by tn" Sheriff. when is he bound to determine TO
whom he will give the return? not surely the next or
s h,unI IN do
the day he is to make proclamuton and then the mar
" wishing TO contest the election is forecIosed -
1t Is SAID by he member from Hanover, that if the
proclamation Is the close OF the election. a member
may he IN his seat before H. entitled and referred
to the case of the member from Orange there havin
oeeil as YET n" court intervening, at which the Sher-
III could proclaim his election, since it took mace
MI u said the argument was enable the election
took place during he session of the House bv au
thoIlty OF wrI' OF election issued bv IT. and the .rlv
requisite for HIM to take his seat was to brrnr with
nm the sherit's certificate. which the Sheriff was
not RESTRAINED from giving, until he made his procla
nation. bit this did not alter the law fixing the time
WITHIN which notice might be given and the cleo
ton OF the member contested Persons con,estino
an election, might commence operations before the
law required upon unofficial information bu, the law
dlh not so require, 1t renamed unaltered
M u. SAID he had argued this question entlre;v in
relation to contest between rival candidates g. hat
the proclamation ofihr officer was the prop-r and off
ca source frnm whence Notice OF the result ofthe cleo
lion 10 them, was t. be derived. but he said the
others besides rival candidate might contest the
elecSsi III the eec ed candidae, any one or moro
cltlZ"n- might do 1t, as the of the member
from Henrlco. How is the public TO know the result
OF an election IN which it is deeply Interested but
by som" prescribed mode, some official act of the
conducting "tficrrs; ainly Other way nor was
me-" any prescrlbedbu by proclamation which in
formed the whole community This course was ne
cessaFy, because some person be elected aid
his election known TO authorize notice; it would be
out OF the question to speak of contesng an election
when no person was elected) TO contest the election
that election must be officially made known Tor wit
nesses NUS b. examined to ascertain who is entitled
TO sit here) and the ony mode prescribed by law is
to make known who is elected by public proclamation
and the proclamation closes the election
Mr. e. SAID that genleme who had discussed this
snblec IN opposition to the resolution to recommit
had admitted that il doubtful what was the pro.
per TINE from which to compute the tme-if this
SAID MIR @. be the case. he thought the House. IN n
matter n doubtful coIS rucon should favour that
which, IN rs result would insure the seat to him who
had majority Of qualified voters this could oniy be
done by scrunizng both the poll Of the sitting mem
Der and he contesting candidate, otherwise mem
Der nigh sit here, having minority of votes which
was not JUST this he thought under existing crcum-
-tances was the proper course, and hoped would be
adopted. Mr. G. concluded by hoping that the resp
luton or the member from Mecklcnburg would pre-.
vail. and the report he r"commtfed