Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-06
VIRGINIA LEGISLATURES.
HOUSE OF DELEG4TES
SATURDAY. Jan. 1. 1891

M. NJ EEE iioN-lDEBArE DEFERRED I
Mr: morris moved. that the report o. the Commune
on PRIVILEGES and Elections, on the p.t;i;on - I
man y. Gioson, against the election Of Jo.epb 8
h. DELEGATE from the county Of Cupep.r,
oe oasen up; which being agreed to-
on motion Of Mr.. Burioot, the Clerk proee.s.a 4,
'esang the ssid report but before having finished
mr. EPPes asked to be INDUCED before the Clerk
proceeded u'ther in calling for the reading of the Me-
mortal oil John 8. Pendetcn, in relation 10 This same
erection. appeared that Mr. Peudi. too had received
greater number Of votes, Than either an. cot 81,
ing candidate the sitting me der The Conm;,.s.
however bad not inquired into The facts stated in bis
senoriSi' on the ground that he did not give 10 the
nian, ia inc notice required by Law. But there
snt "e some hreguati'y complained OF In the me
mortal which would have a tendency to vI,iate m.
election Ard which might require that the memorial
De sent back to the Committee.
Mr.. Morris die not rise 10 obiec, n IN. ,.sd;o =,
b or,a,' on the contrary, he rose to state, that
me memorial did enter into circumstances relative to
Committee set forth, why evidence reIa,px 70 tbo..
circumstances, was not taken. He hoped, that # the
memorial was read, the Report would be also.
ne Memorial was then read
Mr. Eppes said, that he Understood the Memorials,
70 a'e iac's In his Memorial, which GU Int TO set IN.
e'scnon a'ae The polls, appeared, were closed in
re!ahon 70 hin, earlier than the others And the va
ryng regulations in relation to taking vote. were ucb
to exclude many legal voters from using their right
re ,no"ght me Orange case exactly apple able 10 this
He had understood when that case was .c;.5 ,b,,
the principle had been established that ybpr. fuI
AMI ar expression Of the will Of the people had no,
oo,ained, the election was void He did find that The
hau mace any effort OH ain the nj
the egatons in the Memorial Of Mr. Pendle an Eo
MIR. f., maintained that Mr. Pendiet,D was CONNIE
en' witness Here were assertions, that the voter.
hao oee n TO certain extent refused the risht 10 vote
ana that so far, ex,res.ion of public opinion had
been suppressed Need he argue TO shew tina, sucb
a statement by this individual. must be .xomined and
aecided on by the House! The appIca of Mr.
Chamberiayne Of H.nrco was not placed on grounds
az strong as these; and yet il sd been con dered-
ne case was az plain "a one Of common contract -
u the holder came into Court, and the d-endan, said
he had paid it, and could prove that he had done so IL
would be enough-but here defendants do mt even
say 'hey had paid 1t On every consideration, he
'hought the duty OF the House to mmit this Me-
moral, and require the Committee 10 report 90 the
statements made in it-He, therefore, made that mo-
ton.
Mr. Goode said. that he had reduced eimi,sr motion
TO writing, which he would offer, if the gentleman
from Sussex willing.
Mr. Eppes acceded TO the suggestion, and Mr.. Goode
submitted the following resolution:
ResoIred, That the report of the Committee of Ptyi.
eees and Ee ctons on the contested election from the
county OF Cupeper, he recommtted and that the said
Committee be instructed to empire into the Legality of
the mode Of csrducting and co.ng the election at The
several places OF election In the said county Of CUR
pe-Iba they enqu re whe tbeT any es pre-
vailed, and 4 any, whe those ire uaries affected
the general result OF the election-ADd hat Joeph
H.nsbrongh Jonathan C. Gibson, and John g. Pendie.
ton, be allowed thu further time of DAYS to
take testimony on facts touching the eaid election
MT u. hoped some gentleman would fill up the
Mr. Morris requested that the Report of the Com
miee on that Memorial mig be read; that the gen.
tleman from Sussex might hear The decision of the
Committee on the subject The Report was read as
follow
The Committee of Privileges and Elections have
according TO order had under consder alton the Memo
rial John j. Pendleon complaining of the irregular
and Illegal course Pursued by the officers appointed to
snpernlend the election in the county Of Cupeper in
October last, in conducting the same agreed upon
Report, and come to the following resolution therefor
" appears to your Committee, that the Memorial
sets forth various objections TO the said election all of
which have reference to the supposed Illegally there
OIL and also apPs ars 10 your Committee by the adms
sion OF the Memoralist, (who nded its etng md
waived all beneh, which could esult 10 him from urs.
ing that particular lection, contained in hs Memorial
Aforesaid, relating to the delay Of the Sheriff in making
return OF the members Of the House Of Delegate.
chosen at the said election, serve in The present
General Assembly, that he, the said NJ emorialis, had
given no notice in writing TO either Of the Members
returned TO the present House of Delegates from the
county of CurePer, Of his intention to contest the lie.
gAy Of the said Election, conformity to the Act OF
Assembly, in that case made and provided In tbis
state OF things, your Committee did no, consider s,
at liberty 10 examine any evidence which mi Int be Of
tered TO establish the verify Of the said objection as 40
evidence, in the absence OF such notice in wiring
could, In the estimation of your Committee, be consid
cred a. galy taken.
Resolved, therefore. as the opinion of this Commit.
tee, that the Memorial Of John s. Pendleton be re.
ected :" ~ "
Mr.. Morris said. it might probably be better for the
House to understand the grounds which the Com.
nuee made that Report, before they to fill
up the blank in The resolution n trusted that The n
ject OF the gentleman not 10 send the whole eIr,
ton back which woull take far more time IN anif the
contesters only were involved in such deti.jon =
Gould be necessary again 10 refer the Menu al of Mr.
Pendleion to the Committee, as was proposed by the
Member from Sussex ?-If so, what were IN y to do
with it ?They had already fully declared that thew
dId not examine before aud IL rested with The
House. What The testimony would have been In re.
laton to that Memorial, the Committee could not kt ~
They did not look into the subject aud merely no iced
the Memorial as one which was presented after the
commencement OF the Legislative sitings the truth
or iaisebood OF which they bound 10 exam
ine a. no legal notice had previously been given 10 the
sitting Member, that such an application Hou,d n.
made, or to warn him TO take evidence on the aIyga
tons OF the Memorial. The Commit considered /,
their province to act according 20 the lw-they die M
consider that they had right to question whether the
law was equitable not The only question for the m
was, what the law Of the land - And
the great end OF the lay to do justice they did nor f.,
au herZed to dePait from lie ujunclons The qu.,tion
then was did those becis require, that thie Memorial
should be examined? The law r. qured the Mennori.
aist 10 give notice Of his intention contest which he
neglected, and could not, therefore, be beard wi houi
violating the right Of the sitting Member The estab
ehmeo OF snch principle, would bs very dangerous
Did not gentlemen see, that IL it were SUSTAINED II
would place every Member ia the power Of f,s,ns
opponent, who might present his application AHA M
opening Of the ses ion, without having given him me-
to collect testimony Tor his de,erc.-snd tut him ~
me necessity Of gong back TO procure eviJsnc. p
whereas, had he reeevsd1 notice as required by law
OF the Intentions OF the conester they would oey nm
lair grounds, a. the returned member would have
brought his testimony with hin. This wa the true
object Of the law-o operate equally on both parties
~ oTdeF maj the real representative Of the pecpls
might retain his seAt, and the county not be sue ced
70 temporary Acknowledgement. Could the wotthv
member iiom Sussex doub that the facts stated in the