Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-08

a
oil conducting the said election at which they applies
to vote, the polls had been closed against the
positive protest of the friend and agent of one OF the
candidates - Therefore
"Resoired as the opinion Of this Committee That the
election held in October last choose delegates to re-
present the county Of Cupeper in the present House
under circumstances and regulations calculated to pre-
vent full aud fair expression OF the will of a majority
OF the constitutional voters OF that county.
"ReSoed, That the election of Delegates 10 this pre.
sent General Assembly from the county of Culpeper
be vacated and set aside.
"Resored, That writ of election directed to the She
riH oil the county OF Cupeper be awarded to supply
the vacancy occasoned by setting aside the said cleo
ton"
MIR: Rives of Prince George, wished to know who
Their the memorial of Mr. Pendeton was still before ths
House. He thought this subject had better be laid on
the table, to allow that memorial first be disposed of
Mr. Goode said, that the report the petition of Mr.
uoson, ana not that on Mr.. Pendleons memorial, was
now before the House.
Mr. Rives replied, that all the Irregularities of the
eecuon mad been brought into the notice Of the House
oy the memorial of Mr. Pendleton and as thew were
uued 10 In the substitute he concluded that memorial
70 De now under consideration. 1t essential to Sc
parate these subjects and decide first.
r. uooue maintained that. as the irregularities OF
we erection were, according TO the report, complained
OF IN tho petition Of Mr.. Gibson, the genllemans con-
clusion was enron eous
MI Rives-The report spoke only Of the nsn .swesr
ing oil The CoDmissioners-al the other Irregularities
were derived from MIR. Prs memorial.
MIR. Morris thought that the decision Of Yesterday
se'ieu inc question in relation to Mr.. Pendeton
III memorial had represented the election as lille sa
throughout. while Mr.. Gibson contested upon other
grounds. Tho present proposition mingled the two
petitions. IL would be better 10 take I'M ono and ,.
pose oil IT, and then proceed 20 the other II was bet.
yer 70 separate them, as otherwise, the House threw
tue shield OF the interpe ader over either Tie sitting
member or over Mr.. Gibson.
Mr. Leigh argued that the only point in regard 10 ;r
regularity, between the sitting member and the coptes.
.oI' was as TO the swearing Of tho Commissioners and
this question had already been decided by the Houss
statement efo nj,
irregularities the House had yesterday decided thew
woud not examine them, because he had given the
'egs notice, and had right to be heard at all He
asked whether the House was prepared to reverse it's
decisions on either Of those questions. The effect of
such course would be- that they must re the
ing notices.
Mr. Goode expressed the highest respect and defer.
ence Tor the gentleman from Henrico. The decision
ton OF the committee that the result had be en- the
as II the Commissioners had been sworn Blu, the evil
oence 10 this case established, that the effects arising
out oil The neglect Of the Commissioners 10 take the oath
were highly injurious. If the law must be observed
In one, it must In all particulars The oath of the Com
was equally important with the notice. He
WI, e rouse 10 act consistently; but had nte-
to him. ""e
Mr. Leigh reciProcated the respect Of the gentleman;
ano 20 lar from claiming for his own opinions anv de
tranee the gentleman would increase his re,pect for
num- oy aching as he did now, by his own lights rather
man NOSE OF any other man. He had thought, and
w
as to the oaths Of ommssioners, merely directory
mere was danger OF making every legal provision di.
rec'ory. In such case the House would become
merely Pictorial Court He alluded at some leny,b
10 the evi effects OF such principle. The argument
had been urged in vain to the gentlem an from
Meekienourg, who voted that the oath of no i'm
por'aoce' Mr. Pendieon's memorial could not be en-
tertaned violation of law of the land In this case
the House could not interfere with the eldest stnx
member which would be the if the election went
BACK to the people.
Mr. Marshali-The case Of Mr. Pendleton wa, not
before the House, and nothing in his memorial could
DE eonsidered 1t this proposition intended as
SUBSTITUTE Tor the report Mr.. Gibson's petition 1,
ought 10 be founded the facts In that report however
oneren' its opinions II it related to other fac IL
os ~ 1rner Inc same proposition had been decided
Yesterday and he should suppose motion rejected on
one day, would not be sustained on the next A, 10
me commissioners not having been sworn, that had
been decided not to be important although Mr. M had
net changed his opinion that the oath was indsuensabJs
AS to variations, in the rules at the precincts that
ways would happen, and was not essential unless it
could De proved that II operated to suppress an expres
sion OF the public will, as in the Oeanse case NJ
election could be set aside merely On the ground hat
inc polls were kept open but three days. because cir
cnmstances nigh require that thew should be ,Jo..d
mus early They could not, 10 Justice SO decide a, n
send back The eldest returned member who came ber
w."qa. nolce. and whose seat was not contested.
MS own decision, out of the contest
nlr. Williams OF Shenandoah, said the House vu q
MAKING confusion worse confounded.'' They had
yesterday, to send back the two pc itons to-
gether-yeo-day, they consented to consider them To-
gether. The substitute founded partly ON one
ana parity on the other He had thou the vote of
'erday, settled the question of Mr.. Perdleton's memo
RAJ lie had no legal right TO before the House:
yet a member could bring his memorial up He had
dlsregarded the law, and could not claim a hearing
much Dad been said of the rights Of the people RI,
u they wished Mr.. PeDdleton's claims ed WIN
oia not they send memorial to the House. 1t
90 they we're TO rely on the facts stated by Mr. Pen
dleton, although they would not entertain his ao,ii
H. on complaint made as Mr. P's had been an eIer
ZION could De set aside, the statute was dead Latter
Inc rouse ought to separate from the subs tute that
poruon which related to the memorial as in is nre
sen, lorm' " could not with propriey be entertained
MI Leigh-Is the only issue made by Mr. Gibson
founded on no other ground H. an the bad votes Of ib
sitting me mberl '
MIR. Gibson On no other
DIT Leigh-Has any notice been given 10 tho eide
returned member, or to the Junior member. on anu
other ground? '' y" a"y
hr. brodnsx as a member OF the committee, declsr.
ed there had not D'''''
MI Leigh asked Mr.. Goodo WHISTLER the moH,n
dleton? 'a"'' VI W.T. rem
MIR: Goode replied that il was offered wItbout snv
consuIation with that individual '
MT EeIgh said that the same question then appear ed
10 De before the House again.
Mr. Goode sad that his present proposition ga, die
ierent from the motion 10 recommt OF YESTERDAY and
yet ne was met with the declaration that il was res
gDHHcmd. ~ the motions had been thu same N.
speaker would not have entertained the substitute
ne had voted as he did on the Patrick case NOT be
cause ne thought the oath of the uons
cessdy, but because he was convinced thai mn in;n,
eu bfsen from the neglect, and that tho votes had
oeeh isriy taken. But this was a different Ease U.
nought any member had right 10 rise In his pl.cs
o cav ior an inquiry into the legality Of an election
nc had seen his friend from Frederick rise in hi.
seat snd institute an inquiry into the election Of an In
mi afaA in ~. Il