Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-12-30

ly considered principle He would instance the
operation the legal rule precisely similar that which
he assumed In this The guardian laid the testimony before
tho commissioners, which was by them put upon record
at any after period the heir ressts the decision and de-
MES the validity Of the record he with the deca
ration that the record was pri,na aeie evidence Of the
transaction, and that he shew to be false Thus
the rule commended for considered good
In money transactions Even there record made by
the competent officers presumpve evidence; nor
1t strong In that case in that Of record made out by
The Board OF Commissioners at the posbecause the law
provided for the appointment of precisely those individuals
who from their official stations, know the situation of
every in the county-the best officers that could
have been selectedand i'm addition the county court APP
pointed three discreet TO act with them com
missioncrs. II asking very little, demand that
the decisions of such board should be taken pra
Jdcie evidence He thought that the true light in which
II must be viewed. This House sitting in the capa-
city of court Of appeals Here the evidence to be
weghed-and the rule applied which prevailed i'm an APP
peate court, to consider the decision Of the inferior bu
nal correct, until the contrary shewn. He did not
contend that the decision could not be reversed because
the law provided for its revision; and placed in the hands
Of this House the power the of the commits
soners; the right of the Committee of Privileges and
Election to investigate the grounds which the poll
made up and judge Of by the evidence which the
commissioners acted. 1t appeared Mr. r. that the gen.
temen who opposed the resolution yesterday, did sui
ciently discriminate between presumpvc and conclusive
evidence. Were the record Of the commissioners be
assumed as conclusive evidence would be wrong but the
resolution only asked that the return OF the commissioners
should be considered valid until the contrary should be
proved If there any grounds for proceeding
against any evidence in the possession Of the contest
ing candidate then the House must hear il and Judge OF
its merits Until that evidence could be produced the
port tho commissioners must every ground prope
ty and expediency be taken to be correct
Mr.. Newton had little disposition he laborng
der severe cold to engage in this discuson-but he did
not consider 1t as matter OF trng character as it had
been thought by He did not regard it a ques-
ton of great Importance it related to the individuals
concerned; but he in il question which affected not
only every man in the House, but every man in the Com
monweah He had been surprised at the decision of the
House yesterday. He did not intend dsrcspect any
one in saying that he thought gentlemen have voted
this resolution under misconcepon of the princi
pie which it was founded The gentleman from Camp
bell and others who had spoken yeserdayand par
dcularly the gentleman who had declared himself the
Trainer the election law Of last year, had contendcd that
the object Of that law would be frustrated unless the de-
cision OF the Commissioners to examine the polls to
be considered presumpve evidence of the election. But
Mr. maintained that the great object of the law had been
ataned-not by putting end to the examination of the
facts in this House; but by putting end system of
had 1t would be recolect
ed that formerly state of things existed in many of the
counties utterly hostile the purity of elections For the
want local scrutiny interested individuals enabled
bring persons the poll who entitled TO vote The
party obtaining those votes knew that they illegal
the voters themselves knew itand oten the Sheriff. who
was warm partzan, wnked at the fraud and these
were retained the poTo prevent such practices and
as far as possible to purge the polls the object of the
scrutiny provided for in the law of last year. Such the
law were closely examined, would appear its face to be
the design OF the appointment of commissioners examine
the votes and return corrected list The duty of
officers was to examine the poll, and strike from the
names oil those who in their opinion entitled
to vote placing the corrected poll their for
the rejection OF such vote. But they not auho-
rized to give their reasons for retaining the votes of
or ID, which constituted the corrected poll. This
duty having been performed by the commissioners the
subject came before this House-and if the Commit
tee OF Privileges and Elections to be denied the
right OF examining the poll and deciding upon the
ness of the principles on which it made up, the par
ties were in fact deprived of their right contest the
people OF their dearest privileges The Committee of Pr
yeges and Elections the proper body for the exam-
nation OF these questions and if the burhen of proof were
20 be thrown upon the party asserting the negatve this
abominabe principle, abhorrent the law and to COM
mon sense were to be adopted-he would ask how would
be possible to alter the decision of the
board of scrutiny How il possible 10 prove mega
tive proposition? How could il proved that he Mr. n
freebooter in his county although in fact he
might possess foot of land He might have his deed
in his pocket and have had for six monhsyet il might
not appear upon the land book because il might have
been recorded How could individual be asked to
prove that he did possess frceholdwhic the party
who received his VOTE could reasonably be asked show
tha ne was reehoder or that his vote was good ON the
ground oil other qualic atoms If the voter had deed of
property it could easily be produced This any
single affirmative proposition could without difficulty be
established Whereas il the negative side of the question
were burthened with the proof five six negative
tons must be proved embracing each of the several qua
lifcations pointed in the Constitution He had said
much more than he intended to say but he could sit
silent, while it proposed to adopt a principle so
hostile TO justice and the spirit of the law.
Mr. Summers replied to the argument of the gentleman
from Campbell. The question before the House,
seemed obe how far the law of the last session. had
ed the rule by which the committee had heretofore al
ways been governed, in contested elections He did
think the rule in the smallest degree affected by any
provisions OF that He could consent poll
furnished by the commissioners should be treated diff
fercnt be less subject to the free and full ex-
animation of the H. of d. than that heretofore furnished by
the sheriff alone. The gentleman from C. had liken-
ed the investigation of this board, the examination of
the accounts of guardians, executors &C., by
sion IN chanccry, whose report could only be impeached
for fraud Mr. s. thought there was no analogy between
the two These settlements regarded made by the
county ITSELF which, TO be sure is permitted employ the
agency OF commissioners, vice chanceors NAV
be tcrmedMr S. adveed the consequences of adopt
ng IN this case, rule different from that established in
the contested elections last winter The House. then had
sanctioned the principle that proof should from him
who held the Affirmative The parties in this contest had
that rule for their guide They have here expecting
to be governed by it, nc say that different rule
shall PREVAIL because of supposed change wrought
by the provisions OF the late election law will TO give
to that act kind of er post Jacto operation, which may
lead to great injustice.
Mr.. Wood Of Albemare, stain the resolution
adopted on yesterday Gentlemen had said their OBJ
Jectwas to guard the interest of the people, and prevent
the Perversion OF their WILL expressed at the polls
MS, he presumed, was the object OF all, well those
who voted TOR the instructions given TO the Committee OF
privileges and Elections yesterday, those who advo-
Gated contrary rule. The question be decided by the
House was this which of these rules was best calculated
to secure fair expression of the peoples wi This as
ccrtaned, all will adopt it with aacrity. He did not wish
to protract the discussion but so much had been said
to impeach the wisdom of the decision of Yesterday IL
seemed proper that something should be said to vudicate
that decision IL had been The pleasure Of the House TO
declare That the poll corrected in pursuance of the act
last session. should be received primd dce evidence
its correctness And he aswilng TO meet the gentle
men from kanawba and from WestmoreIand upon that
ground And he attercd himsef would be made TO an
pear that that the principle bestcacuatcd TO
the influence the In