Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-06

the idea tina; some pei claiming the seat which
another claimed TO be entitled The law. had therefore
laid him (Mr. P) under certain rules-i, had said 10
him. the pollbooks and the Sheriff. return sha be
sdered evidence against your right, unless you do
tain things. But never Intended TO cay that this
House, by its own ecnsu ona' power should OF set
aside election conducted in viola ION cf all law. II
never intended TO say 20 any citizen interested in main
tanning the purity OF elections. and who did not claim
seat, that he should not be at liberty 10 % TO the
toun.an head. and check The corruption and irgn'i'y
Of elections. But said Mr. z did il not follow II thu
power of this Rouse 70 Judge of its rlec ions, de-
pended on a no ice, that the power 10 decide the
qualification" OF its own memb, rs dep nded pre-
ei'-iy the sime ,hng-Secause the law required The
notice Ia both III the law could Prescribe the
mode In which the House should be compelled to ex
ercise any OF their high constitutional nc iouS, could
II prescribe The mcde in all cases wha,overa Ifhe
rule laid down by the law, of such binding au-
,hory that they cond not set aside an election for
rupop in all the officers conducting said election did
it no, follow that they could not decide any thing
specne the udiifedt0n Of their mbers, unless tho
law strictly complied with. For, the law which
required the notice io the one case reqsred like
vie in the Other and in fact, the identical same
law. There the law was referred to and read i,
then followed that persons holding lucrative offices,
Ministers of the Gospel, and tests of every denom
nation, might hold seats i'm thi. House aud could re
elected, provided the five duys notice had not been
given. This he affirmed TO he the effect OF the dec
sion Of the Committee Of Privileges and Elections; and
what wac, his MIND .tl uuacc ountabIe, it bad
decided tina, this Legislature, citing under go
verniDent, boun to a i'm pliri, and unconh
tional obedience Of the laws Of defunct government
than was that government its-lf when in existence
For the oil Horss OF Delegates did various
sons, nj This law which he had already sh pwp
precisely the in all cases, whether touching
the Les atty Of the election, or the eligibility Of the
person In the which occurred last 'inter, from
the County OF Matthcws-in case some years since
from Charles City--iu one from Prince Willam-iD
one from Hampshire-and In many other instances
this law had hten disreg arded Blu, Sir, said MIR. p.
will leave the argument OF The law 10 those
lea ned in is mysteries than i am But, II tlis
House should disagree with him, aud consider
that notice i. indspensably css'ary, then the
question ariseshas there not in fact, been legal no.
tice. The law the subject required that notice be
given in Ave ays afer the close OF The election. The
Culpeper election terminated the 21.t of October
FIVE days allowed by the law, within which the
Sh riff ball make his return Of the examined and corr
rected' poll, to the Clerk. Office. From that date
scco ding to the least liberal construction OF the law
that he had ever heard, even by the Committee OF
Privileges and Elect ms, the computation OF the five
days commenced. The election having terminated on
the 2l' and ten days in all being allowed f,r notice,
any notice in this previous to the last day Of the
month, must have been in time. o. The 30h Of Oc,o
her, Mr. Hansbrongh received noice from Colonel
Il eer ton He (Mr. p alluded TO the notice read
to the House at the instance Of his friend from Mont
gomcry The learned Chairman Of the Committee
of Privileges and Elections. had given 10 this paper
most extraordinary interpreta on-one which he
sure that gentleman would have given to IL, had
he examined the evidence brough, here by the con-
tending parties. The Chairman of the Committee sup.
posed that the no'ire IN question only intended TO
inform Mr.. Han'broush that Col. Gibson would claim
the return before the High Sheriff Yet the evidence
10 which Mr.. p. had REFERRED shows that Col Gibon
ice, by evidence establish tn. iHegality Of the cleo
ton, after the High Sheriff had called together the
canddaes-heard their respective views and publicly
announced his return. He asked what could have been
the object of this testimony il ii was not the INTENT
OF Gel Gibson to va'e the election, provided no could
not get bis seat by some means or other? Here the
depo,itions OF Win, a. Lane and John Fletcher were
read, shelving tina, they had never be Com
mssoners except in the csse of the Presidential Fec
Ini,r sbapy ttaa puaia
other tactsl H. however, (hIr. p. connued) the in
senious dis inctions of the gentleman right, how,
he a'ked, would the cnss be altered? Would no. the
Ultimate destination OF the matter, b. to ths House in
its appellate character? For, said he, this House
is certainly the superior OF the Lord Leutenans OF the
COUNTIES the High Sheriff. have fairly been suppos-
ell TO consider themselves TO hs-judgrg from their
high handed procee dugs in various parts OF the
monwea Alb. in the late eC>>ous. But, il notice
he pecessary aud notice has been given, s, there
issue Giry and legally made ur, according to the
decisions OF tits Horse in other cases, in which it had
acted dur ing s present serson, viz an issue by the
agreement Of the parties. Col G. efiirms in his petit
ten, tina. the election legsl-Mr Han sbroueh,
he repoudent, admitted before the committee and al
mrs before this House. that the true Here
he affirmed distinct and regular issue than
made in either the Orange or Patrick case-in nei
Their of which there any difficulty about bi-
business of is-ue.Gov Barbour before this House
Ginning be iaiilY elected by clear jory Of the
cons,u tons voter, and that whether The high sheriff
had erred not he entitled 10 he seat that
ground and that he was prepared TO prove his title
was willing 10 waive all t0chncaties, and TO enquire
only into he real sa'e OF the pol Mr.. Davis, the
other band asserted that the return OF the sheriff
rafy T. lawtha be was emf led to il, having
majority Of he upon the face of the polls, AMI
therefore claimed his seat. This, said Mr. P the
whole case, and yet that election sent back The
Patrick furnished still stronger examplsIn that
there were, no believed papers of any sor
a, any rate, there notice, OF any knd dae
whaeverYe ct this House did proceed 20 enquire into
the legality OF the election, il the hsd been
fully in issue. And, upon this iasue in the Patrick
case, FIVE and thirty Of the members Of this House
ted for Wiring that election when the only iTregu
a-ity the failure Of the commi sioners to be sworn,
and when that IRE gulArity admitted all hands
not TO have varied the result II, under all these cir
cumstances, the Legality d The Cupeper election could
no, be considered fairy bsiore lhs House, he
iessed himself not sufficiently lesrne in the venerable
mummery of special pleading, TO perceive the cause
and he would frankly confess thai in the present state
Of his requirements in this difficult and Intricate
learning, he shoUld never he able 70 know VIII n he |
before them "secundum legem"-and if ever il
should again befall him (Which might God in mercy
orbt!) 10 be here u contested election he fhoud
be fully prepared at all tnss, 10 submt To he fate OF
erg ihrown overheard upon sou,e technical point
II hopei that all those matters Of law would BE- duly
c5us dered by Ibis House, and would proceed 20
give the fiCts OF the The fret point
ed by his mer2oria that the superintendent
The dispositions taken and brought here
by the contesting candidate, shewe this fstt cl
ly-end the additional fac', that not having been
sworn, they act d. Of hem at EAST, differently
from what he would have done had he been sworn |
He felt that he owed il TO this gentleman TO that
he was a respectable man. and implied i'm his depo-
son that he did not knew the extent of his powers
and responsibility, Of which he would have been inform
ed by the terms of the oath ITSELF had il been admins
tered. lie wished il TO be distinctly understood, that
he did not, in this application for trial, ask the