Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-01-04

eT 'ney SHOULD he represented by persons irre
", regularly elected? and whether the elec,,on he.
ing irregular. i ought not to be set ssidep In n, 80
oo I'D prevent these irreguiarilies-- was better to
on y" '"e etter OF tho law, than to stretch il even
W, t"e nuIposes OF Justice If we dispensed with the
oS'h as mere directory part of the law we stab.h-
ou tue p'cpie that nll other parts Of were direct
ory-we may as well have no law nj all, If punish.
Weh' hao oren provided for the failure to take the
eatn we might rely upon that for the observance of
the law; on when the whole and sole sanction wa.
'he oath are we 10 say thai IL directory? that il
might be dispensed with' Ho could not discern how
onc part was directory and not another
Mr. Brodnre replied to Mr.. Lciub's lcool ,,o,
ment. The distinction between q CONTINUING oI;csr
and oc which consist cd III the performance OF sngio
act was plausible, but did not nioct his views ;J
not the commissioners at the Precincts possess ali
tho notorie Of SHERIFF. were they not continu;n,,
officers, whose duties did consist in sluole act
IN single duty: but who continued long as the
Sherih and IN certain contingency. lon ger, Sum-
pose IN the put of witness, the GA Ind been
dispensed with BY the purtics-would the verdict be
SET aside! Here the voters were the Jurors did
not Snow fwnessps were sworn or not neither conId
the voters know whether the commissioners were
sworn As to the argument, that If the Legislatures
determined tho oath 10 BE- merely directory the Com
mssionsrs would IN no case take it, his conclusion
was d'herent Fhe country would have IFS attehs, ION
drawn To the subcc, by tho proceedings here md tho
oath hereafter would be taken
ar Morris Chairman of the Commit ee) referred
10 INC near relationship between. ono of the gentle
men Mi STUART and himself, the reason of his de-
ciining :" present his views to the House-and nsked
to be excused from voting for the Same reason-to
Which the House asssnfed.
~ HGnsb. ongh of Culpcper was eycuseJ fro,,
voting, tie ground that the contest from CuIn.n
r'iNvs'ved some of the questions as that from
Patrick. $3.50 "'
.Wr Siuasi theE addressed the House rs G,llows
Nr SpsakeS AS II is manifest from the tenor of
no'h the original report and the proposed subs
Na' am likely TO be bur for short time upon fb;s
StaSe Gci'on hope the House will indulge me in
INST speech and dying escla ration. trust sbnll be
eNoheratcd from the charge of indellcacy when de-
clare to thu House. that far as the report of the
committee deprvss me of my seat, il meets nv en-
ire npprobo'lon For four. however thai il mov bo
suSpec' ed that IN he ks which had tho b9no
to submit to the House thu day on which tool,
my seat. noted the part of the fox in the fable md
caien tue grapes sour which could not reach or IN
O hcr words thai dscaimed wishing to hold a seat
winch knew | could not hold, will state some
incs which are not set forth the report of the Com
"i',"e ono walch VIII show that two grounds
could t.r. r''alned my seat had been so d;s,os.a
In the frs place. the notice which received thar ,n
election would be contested, was given sub eouentlv
To the vembcr Of the county court of Pat,;cJ
wheh the law requires tina, such notice should have
oon GIVEN within five DAYS after the CLOSING of tho
polls And IN The second pacc--ihe oplv evidence
" zen the contestng candidate o6h,ed TO the Com
niltce TO show thar he had received the greater
humber OF votes was statement of the polls o. tho
conr' nonsc and the precinct elections 81 rned by the
Sherlit. II is obvious that had availad mvself of
cthcr OF the irregularities have mentioned or Ind
even renamed silent, The Sberfs return would bnvc
''' " INV NEdt' N ~ Delng disposed to hold nv
seat under existing circumsta noes I ackno,ylodo.d
legaI notice. and agreed that the statement of tho
poiIs was correct, and gh be received as LEGAL ev
Idencc. claim credit, MI Speaker for tbese
concesslonS-l did not make them TO the con,estina
canddate-I made them to the people of nv coun,,s
oh'red up my individual Claims a sacrifice upon
me altar of the peoples rghtsI knew hat the con
testing candidate Had received a naior,v of IN,
vntes. and could think of ayaiIiug uvspIf of sn
legal advantage tn hold my seat | knew that wbc-
th'r NC election was cgay or illegally conducted
was MOI elected The Snms devotion 10 the rights of
inc people which induced me 10 give up my clam to
seat mpeis to advocate the si,bsi itute which
nas been p'oposcd'o this report of the Committee
AFTER me decision on the contested election from the
county nf Orange. made almost without q dissentino
voic"' cnnsceniiously believed, and still believe
with NIL Gcfnr"ncc 10 the enlightened Committee oP
f'Tn'%e' ana Elections, that writ of election
ought 10 be issued 10 the county OF Patrick an
sure that 1t IS the disposition of this House tn
serve rs lar as possible uniformity end !,
e. oecis'sAs and to deal ont to every county in the
state the same measure ofiusticc.
shall not, therefore, attempt 10 sbo,v ,L,, ,b IL
cison in the from Orunre was n corr.c, 49,;
SION snail only ondcavor 10 prove thar if the peo.
pie OF Orangs were entitled writ Of election the
people OF Patrick nre clearly entitled
Lat MS then enquire upon what prinrioIc Tho
iionse decided that writ of election sbould no ;e
sued to the County of Orange. | cannot beIievo
1nat the election w"s cent back merely TO crafty
tn' Sting member and the conesting candidate,
oy a7ording them an opportunity 10 have n win
ters campaign al the Hastings. | take !, for
granted Int there sometime in tho c,so os
II was presented to the House, which was deemed
suthcien to ytiate the election without reference In
tnc shcs OF the parties interested. What then wero
ne Irregularities III the. Orange Election which ron
oered II necessary that It should be set aside2 pho
report OF the Committee in that case sets forb that
ns 'ipclon was Tregular'y conducted, and specifies
.Iut ne S"perlni cndsns were not sworn and That n
Nd'dh construction was PIT al the difcren, precincts
upon inc cause OF the new constitutions which reru
lates tl" night Of suffrage by means whereof fn
n
nad. Did the Committee IN making tbnt renoy, oUJ
.S house IN giving It's sanction moan to saw that
lue 'ainre OF The s1pcrntenlants TO take tho oath
eScccG by law, was no. in itself sufficient IN W.
%. ,'r"ecton' but tina in order to d. So tho add.
'hal ccums ance Of the varian' construction nC tbo
r u" Hinde by inc superintcndunts, was ao
necessarily II This be the principle settled IN tbo
range case then the House must have come 20 the
s"',ciuSon' either that the last mentioned creutn-
5tcnce was The consequence and effect of tho first
o, 'hnt TWO Irregularities not connected with .o,b
oIneT NEITHER OF which was in itself sufficient ,o va
cate INC election, when taken together oodfr-,o ro
Oucc that result: hat The die rent - g,