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

range eie ton wbiea read A
be ct aside! he report oi tn. i'm TIA,
sets forth that the election Irrsgularv ronduc,.d
and specifies that the superintendent were NOT svor
and that variant construction was nut NJ the d;g.r.n,
precincts upon the clause of the Constitution which re-
gulatcs the right oil suffrage by means whereof full
and fair expression OF tho public will could not he bsd
Did tho Committee, In making that report, and ,h.
House, in giving It's s'hcon mean to say that tho fall
lure Of the supeiintendaDs to take the oahs required bv
law, not in itself sufficient vacae tho election
but that in order 10 do So the additional circumstances
of the variant construction made by the
also necessary! If this be the principle settled In
the Orange case, then the House must have come to
the conclusions either that the last mentioned circum-
stance the consequence Of the first that two ir-
Irregularities not connected with each other, neither Of
which was in itself sufficient to vacate the election
when taken together ought to produce that result
that the different constructions put upon the Constitution
alone ought TO set aside the election
cannot believe that the House considered the variant
construction oil the Constitution the effect Of the Com.
mss;oners not being sworn, that swearing If tho
commissioners would have produced uniformity in that
construction. oath addresses itself to the conscience
OF the individual who takes it, il certainly cannot inu
ence his Judgment and the construction OF the con-
stituon matter in which the judgment alone is con-
cerned, and in which the honest and conscientious
may differ is impossible TO believe that the swearing
OF the superintcndans would necessarily have produce
ed uniformity Of construction.
equally clear that the House could not have In.
tended 10 decide, that although neither the failure Of
the superintendent TO take the tn prescribed, nor
the variant construction put upon the constitution
in itself sufficient TO vacats the election yet when a~
TO me that dozen Irregularities, not connected wise
each other and not sufficient, individually, to vacsto
an election cannot be made by taking them collecS
lively.
come now to the last branch OF the alternative.
Was the variant construction put upon the constitution
by the superintendent alone sufficient to yacate the elec
ton! think not This House would certainy not vacate
election on account Of irrcgalary ample reme-
dy 70, which provided by the law regulating contested
elections. Each candidate had right object to eve
ry vote given by virtue Of the payment of taxes in
$780, and also to have every vote offered to be gvenby
virtue OF the payment Of taxes in 1922 and rejected
the commissioners placed upon the back of the polls
and by this means bring the question Immediately be-
fore the Legislature, which class of payers were in
tended to be embraced by Che Constitution.
Nseems TO me, then, that the failure Of the commis
sonsrs TO tike the oath. must have been the principal,
II not the only ground upon which the Orange election
Patrick election completely under the influence
OF the precedent established in the Orange case! Tho
commissioners conlsciiHg the precinct elections in
Patrick not sworn; andn addition that circum.
stance, there was deputy sheriff nor other sworn
officer at TIVE of those precincts Does not this state
OF things present much stronger than the one
from Orange? IL seems that although the commission.
were not sworn at the Orange precpcts yet there
was deputy sheriff at each of them, who being a
sworn officer, IL might be deemed of less importance
that The commissioners should be But the Re-
port before the House, while it admits the election
in Patrick was not conducted according TO law at tho
same time the conclusion tn at as no inistice
IL proved to have resulted from its being so conducted
It ought not TO be set aside. confess cir, that was
not aware that was necessary before law could be
on--l had believed that laws were intended to guard
against evils, on the presumption that, without Them.
evils would exist =
considered il my duty, Mr.. Speaker, to submit
hese few remarks the House FOR the purpose shew
ng that the county Of Patrick entitled the bene
j, Of the precedent established in the ange case II
entirely uncertain whether shall take any part In
he contest should writ OF election bs awarded NV
nly wish is TO have the question fairly settled whether
he election In Patrick waslegay illegally couduct-
ID. IL this House should be OF opinicn that Il was Ie.
.aliy conduc ell, then h the couesng candidate clear
entitled to his seat IT, on the contrary. the House
mould come to different conclusion, tho people OF
'A'rick viii have an opPo' tunity Of eectog Mr.. A
ams or any other individual they may prefer to him.
Mr. Witcher said, he merely wished 10 draw the at
ention oil gentlemen 10 the cases which had been al
nded TO- and the grounds on which they had been de-
lied The case from Nicholas similar to the pre-
ent-The Commissioners had not been sworn but the
House came to the uson that no practical inju-
had been done by the neglect, the returned mem
ers should retain their seats In the from Lewis
he sheriff gave the return to the member whom no
opposed to have received the largest number of legal
oe but ten days after, he discovered his error and
bat he had returned the wrong candidate But Il an
cared mat this Information given to the con-
estng candidate in time to enable him TO give the ic-
al notice to bis opponent that he should contest tho
lection. On these grounds, the parties were sent
Jack, for election. Ia the Oraug- case RECENTLY
ecded, appeared that the taxpayers Of 29 were adj
nttrd 70 vote some OF the elections, and that but
lie taxpayers oil 30 we're admitted at extraordinarily
many Individuals entitled to vote had been excluded
These were the principal grounds which decisions
lad heen made in this House.
The Ayes and Noes were then taken and the substi-
ute offered by Mr.. Rves of Prince George, was re-
ec'ed bv the following vote
AfES-Messrs. Driimmond, Gilmer, Kennay, Nc
'ue Mayse, Davis, Campbell of Brooke, Watkins.
Chichester, Marshall, Mason OF Frederick, Claiborne
seymour, Leigh, Summers, Pollard of X. s. Queen.
tooe, Pollard of King William, Lawson, Mason of
-oudoun, Caldwell, OFerrall, Mclaughlin, Murdaugh,
thompson, Upshur, Baxter, Rives of Prince George,
Moore, Nj 'Dowel NJ Mahon, Lewis, Keller, Crockett
md Rutherfoord-35
NAYS-Messrs. Banks (Speakcr) Garland of AM
,erst, Leftwich, Henshaw, Miller Of Botetomrt, Chol-
on, Shell, Christian, Yancey, SpurIock, Clay, Haly-
burton, Burfoo, Broadus, Brodnax, Jones, Wright,
Powell of Franklin, Holland, Casileman, jr. Wood of
Frederick, King, Perrin, Bryce, jr. Hail, Erskinc
Green, Easley, Dunn, Carskadon, DIVISION Dyer At
iinson, Sempe, jr Lucas Galaher, Leland Hays Poin-
lexter, Street, Hudgins, Newman, Goode, Watts,
Vawers, Preston, Helms, Garland Of Nelson, Black
we'll, Jacobs, Parriot Hiner, Wcher, Swanson, linn,
venable, Tyler Alexander, Kigore, Williams OF Sben-
lndoah Harris Gatewood Moncure, Eppes, Gillespie.
hCoy, M'CuIloch, Newton, Jackson, Maxwell and
Mcfarland Ill,
The resolutions reported by the Committee, were
hon severaiy put, and agreed to-
The arrivals sunday gave occupation enough, not
'ny to the Editorial Corps, but also 10 the Postoco
Department
Late in the evening Of Sunday and early on Monday
morning. about screen thousand fpe hundred letters (sx-
clusivr OF packages) received at Pot.office
orm four European pscke; which, with thIe North
err, Eastern and one Southern mail, were rsgula.
" assorted and the Office opened for delivery before
nine O'Clock yesterday morning. In addition, all tho
regular mails OF the day male up aud forwarded
as usual.
There is no Post Office in the United States per-
bapa not in the world, the internal srs Of which,
a.Naaa