Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-04

be ordered aud ibis IL " al said would 10 ioconvc mont
but that Inconvenience ought not 10 be put In competi
ton with the plain provisions Of the law If this loose
practice 10 be sanctioned what could be
ticpaed in the distant counties, in the almost inaccessi
BILE gorgcs Of the mountains! Could they always ex-
peci that every thing would DO fair-or that commits
sioncrs having friends engaged in the contest, would
act rs conscentously without having been sworn,
under the obligation of an oath! He could suppose
young TO take up his residence in distant part Of
the Statc--ho might be man OF high talents and have
been cten elected in his original location; but in offer
ing in this strange county candidate would he feel
the same security that Justice would be done him by
the officers, who would doubtless have their favoritcs
without the oath as with III This was matter OF
great importance TO the peopleso much that the
gentleman from Diawidde had asked whether any
member supposed law would not be passed on the
subject this session! And why this singled
out for decision which would have tendency to do
away the only bond by which officers at elections
held the faithful discharge OF their duty he did
know. This ought TO be decided according the
principles of the general law. The true question
whether commissioners at elections should be allowed
to neglect their oaths, or be bound TO adhere TO til pro-
visions oil the law This question TO be settled by
the present decision. A case had been cited IN which
Chief Justice Kent gave an opinion that the acts Of
commissioners although they had not been sworn,
Valid FAR concerned third persons and the public
There point in which that resembcd the
under consideration The originated in the inter-
ference OF the town Clerk, who denied the validity OF the
acts of the commissioners because they had taken
the oath. Now, the town Clerk in that had no
right TO say that those acts invalid than the
void. The Judge il true did, in that case, sustain
the validity Of the acts OF the officers. But still this
decision not that could be properly applied
the question before the House, and even, though
il went the whole length i'm support of the general
principle concnded for, still il did apply this case
or TO this body. The character Of the cases was
tirely different and the nature Of the tribunals different
The functions of the House partly judicial and
partly legislative; their acts law; and they
now TO decide whether individuals delegated TO per-
form important duty should be constrained TO OBJ
% ne "A ed q Is
regard them with mpunty, and thus encourage others
TO follow their example.
MIR. Leigh said, he had only few remarks to make
He had doubt that the decision in this would be
rendered nugaory by the future action of the House
on the subject at large. But if the House decided that
the law far related to the oaths of the
merely drectorythen in all its parts il
must be so considered. The law appointed the places
where the elections should be held But suppose
The commissioners, not considering that provision inn
perative upon them, should conclude hold the pre-
cinc elections at places not designated by the law to
suit their convenience Suppose that instead of
holding the election at Wizards Clip which hebeliev-
cd called Smthield in Jefferson county, they
should hold il at distance from that placeor suppose
hat the Sheriff. should choose rather open the pslls
IN tavern than in the courthouse, he directed
by law? The same argument which used 10
ustain the validity of the acts Of the commissioners
would also justify these other alterations. He held
hat the law not directory, and that ground he
opposed TO tho conclusions of the Report. Had the
legislature provided any penalty for corruption and I'M
arness in the management of elections he might have
supposed tbe provision mat the commissioners should
AXE an oath merely directory. But when the only |
ecurity for the fair and proper management of cleo
ions consisted in the obligation OF that oath, such
would be an irrational conclusion III this clause was
directory, the whole law so-and there could be |
io'need OF commissioners at ALL
Mr. Brodoax said that he u adj not been unfortunate
IS to fall into the alluded by the gentleman
rem Henrico. He supposed that the people generally.
we're acquainted with the provisions of the law, and
hey would know that the C ,mnssioners appointed to
old an election at Wizards Clip, had authority TO
leta Gr that oha.H fnsf aa1n h1fI
ng the POLLS at the Court House, opened them at
FERN, that he would do so in his wrong. But the
'eepe could not know whether not the supern tend
ng oilcers had been sworn, and public opinion could
ot operate on that point. There certainly dis
inc'ion between the two casss,
Mr. Morris observed that, b~iongiD he did to The
Committee Of Privileges and Elections II might seem
uprising that he had not taken part in the discussion
this subject and was proper that the House should
ng any remarks, The returned member was nearly
ea,fd TO him. and for that he thought it deco
ous that he should take part this question: either
D the Committee or be fore the House.
Mr. Rives OF Prince George, said that the gentle
nan from Dnwidd'e had alluded 10 which had
ormerly been decided by the House, from the county
| Nicholas. That case could be summed up very
horly. j, was true that the Commissioners at the
u eciDcts had not been sworn but il found that,
gbetaer the votes given at the precincts, count
d not the returned members had been elected; and
hey therefore confirmed in the possession of their
eats III the House now acted on the priucipe,
he unavoidable decision word be. that Adams was
ot eDti'eu 10 tue seat, because he had bot
sga, votes as Stuart. He wished the House to act
autously, and above ELL consistently, on these sub
ects. They had decided the Orange case, and il
vas now a question OF some moment, whether the pre-
ent report of the committee in accordance with
hat decision. File moved the ayes and noes on the
question Of amending; which mo ion was sustained.
Mr.. Hansbrough excused from voting on this
ubscf, stating his reasons for making ,h- request
Re, that he was party concerned In similar ques
ioD-ihe Culpspper Election.
Mr. Stuart then made the following remarks:
MIR SPEAKER: AS 1t il manifest, from the tenor
both The original report and the proposed substitute
bat am likely to be but short time upon this stage
action, hope the House will indulge me in sst
peech and dying declaration.
trust shall he exoncrasd from In, charge of in
ieiicacy, when declare 10 the House that, far
he report Of the committee deprives me OF my seat, IL
meets my entire appreciation. For fear, however that
may be suspected Ilat in the Tererks which had
he honor 10 submit to the House the day on which
took NY seat, acted The part OF the fox in the fable
md called 'be grapes which could not resch or
other words, that discIaimed wishing 10 hold seal
which knew could not hold, will state some facts
which not set forth in the report of the COMMITTEES
md which will show that, two grounds could have
etaned my goat, had been disposeJ. In the fret
''acs the notice which received that my election
would be contested, was given subsequently 10 The
November term OF the County Court Of Patrick when
he law requires that such notice sh uld have been
given within FIVE days after the closing Of the pos
And IN the second place, the only evidence which
he conesing candidate eft red TO the committee TO /
bow that be had received the greater Duher of votes
vas statement OF the polls at tho Court House, and
The precinct election, signed by the sheriff. II is oh
vious that bad avaiIed myself Of either OF The r-
reguIsrities have mentioned. bad even remained
silent, ,he sherfs return would have secured me my
seat Not being disposed to hold my seat under ex-
'siiDg circumstance, acknowledged legal notice, !