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

honorable tru,t-snl it wss proper that be should
make lev remarks H. did net intend to touch up
oa the laws. but 10 state few facts In reply to me
gen,sman Contrasting the election io the county OF Cu'
pepper there four precincts. In two oil those pre-
encts the polls were kept open four days, and IN the
other two. only thrcc days The le~ gave the Sheriff
Eve days for tho deputies TO deposit tho pooooks In
the hands OF the Sheriff. aud during which time he
vas TO decide who had the largest number OF votes
and to report Before the Sheriff informed him (Nir
H. that he should return him. he (he SHERIFF LEI, the
county and came To- Richmond, when he heard OF the
Orange election, would appear from the owing
paragraph i'm tho Enquirer Of Nov 2:
"we understand, that the election In CuIpeper Il
nearly in tho 2redicament-the Commissioners al
the Precincts, being sworn at the Spring Election, II
was not thought necessary to swear them IN the Fall
We understand that the High Sheriff OF Culp"per is
in this city that he Is taking time and advice upon
the subjcct-and that he has not yet determined what
any, return he will make.
On his return, Mr.. n. called on him, and asked him
IL no had determined who to return. He replied that
he had not and that he intended TO consult with the
High Sheriff the subject On the 26ih OF October,
Mr. III. received notice from the concs,ing candidate,
Informing that he should contest his MIR. Hs) return on
the ground Of good and bad votes Four days after an
other notice served on him by the confession, stat
ing that he would also contest the election ON the
ground OF its general ilegaty. They then went into
tho examination Of testimony, and on the I'd OF Noven,-
Der. Mr.. II gave him list OF bad votes. These were
the grounds on which the contest was based and were
the proper points of investigation.
Mr.. Preston requested information from the Chair
man Of the committee. He wished to ask whether .
mistake had not been made IN the report, by passing
notice given by the contesting candidate TO the
returned member, which declared the grounds for
contssting the election which werc sustained by the
memorial Of Pendleon! Ii appeared that the soth
Of October such notice sent TO tho sitting
Der, grounding the contest the facts that the pre-
einct elections had been irrcgularly managed This
took place nine days after tho closing Of the polls and
was consequently within the time specified by law for
giving such notices. This was undoubtedly correct
principle, II had been laid down by the Chairman
himself The polls were closed on the 2Ist, and the
SheriH hal hen five dava IN ereiyo nm Tho
aggregate vote Of the countyand within five days af
ter that period the law required notices to be given by
Individual, intending contest the election. Thus
four days only elapsed from the time allowed the Sher-
if to make up the vote, when Mr.. Gibson gave the
tce Of tho S0th Of October II was, therefore, within
tho time. II So then the grounds stated in that notice
must DO nto that is 10 say, the general question
81 the legality of the election ought TO be tested
Mr. Morris did not know, il no understood the gen.
and If he did moi, he would ask that gentleman to
explain. As this rather triangular question: no
thought II better to narrate the facts relative the pro-
eeedings OF the committee. The first document pre-
eented 10 them the memorial OF John 8. Pcndeton
On that, the committee decided the House already
knew. The notice in the other objected to
under which the polls opened finally closed on the
day But the establishment of precincts had pro-
vided state Of things. The law did not
elder that a notice must be given, counting from the
day the polls closed because the distance of the pre-
eincs would render it impossible to obtain intelligence
Of the result. The sitting member objected that the
which the Sheriff reported the result. The votes were
sent in the 2lst of October and the Sheriff reported
on the 23d-and that was the proper day from which 10
compute The notice given the Goth, was there
fore, given in due time OF the notice of the 3Oth
the committee knew nothing, because il not given
within the time required by law. If the report was
made the Esd October, then a notice OF the 30th,
would be two days too late. But another ground
the committee disregarled this notice. 1t did put
In issue the legality Of the election, that this House
could ast' upon it, IL any ,uch notice legally rem
q e q
mittee but the notice alluded TO not Of that descrp
ton.
which he would find among the papers on the table.
II dated the 30th October, and ndorsed by the
eontesting candidate. He, Mr.. p, believed with the
gentleman from Hanover, that the hve days allowed
for notices OF contest, to be counted from the FIVE
days allowed the Sheriff to make his report IT, then,
the votes received on the 2lst the Sherhad five
would be within tho time allowed, four days only
would have elapsed The paper to which he alluded,
appeared TO him to have been overlooked.
trhs Clerk then read notification by Mr. Gibson
to the citing member, stating that many Irregularities
bad occurred in the elections at the precnce, and that
many illegal votes had been Fiyen-snd inviting the
citing member to meet the cont'stor before the high
sbe rih that tho matter might be fairly adjusted de
eiarng also that the writer should claim tie return
from the sheriff. The affidavit Of servee the back
Of the notification was also read; az well as letter
from Mr.. Gibson accompanying III
Mr. Morris was ro' aware, when he replied TO the
gentleman from Montgomery, to what precise paper
IN Mr.. Gibson would contest the election, the
ground Of ts iliegality or he would have stated what
he stated now that the committee passed upon the pa
Per in que.on-and that they concluded that IL was
no notice that the consstDg candidate would
test the legality OF the election the floor Of the H.
Of Delegates. but notification to appear before the
sheriff, when he, the confession. should apply for
besides, the notice was conditional, and de-
riared that arrangement could be made, IL agreea
BILE The committee therefors, could not consider
notice within the law, and looked upon it Of no
Importance.
Mr.. Goode did moi differ from the chairman Of the
committee, as to the date Of hi, notice being beyond
the time specified hy the law-but he did come
the same conclusions with that gentleman. The party
right TO investigate the gay illsg lily of the e.
Jsrtion. Before whom!-befors the shsriH But tbIs
House had decided that the Hour. OF Delegates and
not the sheriff, should decide il. There doubt
that tho contrasting party designed il noce, to give
him the power TO contest the legality Of tine election
before this body And il found that this design
wns followed GU; for the very fret passage OF hi, pc
tton set forth the facts stated in the notice Of the
b0th Oct. The committee had decided other grounds
snd wh.t proprieiy there attached IA their de-
eon, Mr.. G. coul not the proprety OF the conduct
Of the comforting candidate He had OBJ aired avoWa
BILE report, and nov. he In this body, and asked
that question, which had been started by himself,
mi sht not be investigated at ALL He first breaches the
subject, but now o. jects TO it's being acted upon, and
wishes tho Houss without further trouble, TO give him
the seat. And what was the which this mat
Ter had been thus decided That the notice not
even 10 time. But there seemed other omissions
Of law the eide Of the cont sting candidate. The
parties were bound to be prepared with testimony to
support their declarations, and enable the House 10
judge OF the merits OF The And did any doubt
Of the facts the lsgay OF the election! ~ they
did, they must doubt the memorial, The petition ard the
report. The commissioners were not sworn, and in
many other particulars, the election irres uIarly