Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-01-07

10 inc COMMITTEE on Finance. and 500 copies ordered
10 DC printed I'm part for country distribution
CULPEPER ELECTION
On motion of Mr.. Sempie the House resumed tbo
consideration of the Cupeper contested election.
mr. Goode submit ted n substitute for the whole
report ana resolutions The substitute views tho
election as void and null on the various eroupds of
fhe ialiure to swear the commissioners the preya-
ience OF variant rules at different places of voting
20 ne tax payers OF 800 and $780, and the closing
OF the polls at one of the Precincts on the Sd dav
when at the Others it not closed before the 4tb-
For all these reasons the substitute proposes to set
ASIDE enc whole election and award new writ
Mr. RteeS- OF Prince George, proposed Tint the
report of the Committee be for the nresont aid nm
the tabe-in order to cansider one subject at time
ana IN the first place. to consider the separate report
Oh the memorial of Mr.. Pendlet"n, to which the
amendment OF Mr. Goode, could be more properly
offered substitute
Mr. Goode said he had offered the amendment as
substitute TO the report of the Committee on Gibsons
memorial and not Pendleon's.
Mr. RiUes said, all the Irregularities mentioned
had been brought TO the view of The House by the
m moral of Pendeton and not of Gibson
Mr. GoOde differed in this opinion. The irrenu-
larities were not alone brought to the House by The
memorial If PendIeton--bur Gibson's also.
Mr. RiUeS replied, that Gibson had brought but a
single one OF tn" larities-the neglect swear
the commissonrrs-to the view OF he House
M Morris addressed the House IN favor of the
course suggested by Mr. Rives, separating subjects
not IN thPmselves Identical and facilitating the pro
gress of the enquiry. If his course were not fol-
sons petition whereas the grounds occupied by the
two memoriasts wholly different He had
supposed that this was the result of the vote
yesterday
Mr. Goode said if the co,rsa surroe,od ,.o~o .,
ken he should move to substitute the report whenev-
or IT was again called ND
The House then refused to lay the report on the
table and determined TO consider the substitute.
Mr.. Leigh opposed the substitute on the ground
that, considering Mr.. Gibson to have given proper
notice OF his intention tn contest on the ground of
Irregulary, vet The Oniy lrregularity complained of
by him. was the failure t. swear the commissioners
1t had been decided in the Patrick case, that that
lrreguariy was insufficient to vacate the election
against his opinion Indeed-but was the House pre-
pared to reverse that de cSion? 1t had been also de-
cided that Mr. Pendeton had not brought himself
properly before the House. The only question now
was, If the House prepared to reverse both de-
cIsions?
Mr.. GoOde replied, and denied that the House in
sustaining the substitute, would be reversing its de-
csion in the Patrick case. The failure tn swear the
commissioners, was not the only irrpguarity com
planned of by Gibson in his memorial He had also
complained of the prevalence of variant rules Of
voting az different places--Mr C -referred to the
Orange case, and alledged that that had been set
aside for this variance of rule, which was universally
admit ted to have also prevailed in the Cupeper cleo
tIon-and rected the circumstances of that election
to show that justice and the purity of elections de-
manded that it should be set aside. Mr. G. made
strong appeal to the House TOT 20 exhibit so much
inconsistency to the world aside one cleo
the same grounds.
M Leigh reiterated the views he expressed the
other day upon the impulicy of Judging the law of
elections merely as directory which miTht or nirht
not be followed without affecting the validity of the
act He considered such a determination as highly
dangernus-as in fact dispensing with the election
laws altnge h"r-and erecting this sI[ouse into
Praetorian Court, to Judge not by prescribed rules
but according to the very right of each case-Such
were his opinions stll-bUt this House. sitting Judi
clay, had within few days, decided diff rently-and
he was bound to conform Mr. l.. proceeded to show
the dlsslmlariy of the Orange and CuIpeper cases.
In the Orange case the question a to the variant
rules of voting f1irly raised here it was not
rased-and the question was, whether we should
permit it to be raised when notice had been given
to the sitting members when they had opportuni-
ty OF repehng the allegation and in the face Of the
law requiring notice of the grounds of contest to be
given. Mr. Penleton had gwen no notice whatc v-
er-he disciplined all right to the seat-and was it
competent for the question Of VilIatiDr the election
on the ground Of variant rules of voting to be raised
for HIM. when he could not raise it for himself and
| had not raised t?
| Mr.. Goodc informed the gentleman from Hcnrico
that he had not offered the substitute for Mr. Pende
! ton, but for himself II had had no understanding,
no conversation with that gentleman the subject.
| Mr.. Leigh did not by any means, intend to charge
cousion-hut was it not the -ame thing, whether the
question was raised by Mr.. Pendeton by the gen
tleman from Meckenburg' (AIr. Goodc) In either
case, the consequences TO the law, and to the sitting
| members, were the same.
Mr.. Marshall next addressed the House at length, in
support of the report of the Committee and charging
and enforcing the views presented by the speakers
that sde-and strongly insisting upon the necessity of
adhering the law.
Mr. Williams of Shenandoah, said that three grounds
Of cOn'cs st put in issue by the memorial of NJ.
Pendleton. 1. The non swearing Of the Commission.
ers. 2. = prevalence of variant rules of voting. 3.
The improper closing of the polls at Of the pre-
cincts. The first nly of these, and he believed not
that, put issue by the mortal of Gibson, The
House having decided in the Patrick case, that the
neglect to swear the commissioners not for
avoiding the eectIon-the other not being put in
issue BY MIR. Gibson, Mr.. Ind eton havln. given
notice whatever, and re House by large vote yes
terday. having decided him properly before it
he expressed his surprizc, at the effort made TO
set aside fine election, in the teeth Of the decisions
come to in the Patrick case and the provisions of the
election law. Mr w. advertcd to various Circumsan-
i ccs to show, thai the people Of CulpcPer- whose
rights had been spoken Of did desire the election
TO be returned to hem-on the contrary, that it was
| against their wishes.
Mr.. Leigh enqured if the only complaint to the
rregularity Of the election in Gjbsons memorial, was
not confined to the question Of the non failure to
swear the commissioners
Mr.. Gibson replied that there anothcr-but that
It waived in his memorial and his rights put pom
| thu question Of good and bad votes
Mr.. Leigh insisted iyt the question before the