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


ICULPEPER observation-disclosures DEFERRED
| On molten Of Mr. G.lmer the Report tf the Comwit
tee on The petition OF Jonathan e. Gibson again"
seph ). Hsusbrongb, one Of the Delegates from Cui
pepsi, was taken u.
| Mr.. Glmer sij that he belle we'd, under the leave
granted MIR. Pendle.on. he would appear at the bar
the House this morning and h- bop-dh he were nov
present. that he would state his views OF the subject Il
tine Hou.".
Mr. PEE ds,cn ssd. thai in rising 10 avail himself o
the privilege which this House had kindly allowed him
of appearing before it. in h' rather In thu
case of the people OF the county OF Cn,peper, it, in
Iced, they reco, uzed being entitled 20 tn,
c nsidera'ion OF this House, he assured tho Hous.
that he di fer instant indulge the vain and
CANT expectation of Influencing, by ausht Of drgu
nert which his poor abilities could srgse't the judg
mert 4 any o. the intelligent, and in macy case
talented aud dstne uished Members OF this Assembly
While he certainly obliged 10 the House. and espe
cial'y his frisn from the county OF Bot ouSt for
he Invitation which entitled him appear here, il
due to himself to declare that that invitation was en-
tirely unsolicited by him Situated "a he had been, In
the conct under consideration, IL occurred 10 him
"A his most appropriate course, to stand aiooi from the
able debate which had for some tine been in progress
this su ect and not rex TO he heard at the hor o
q House, unless nerees urgent IN. hsC
vet presented isof should have arisen, rsqu ing him
n jIsc lie friends hims H. to do So avine
hoCn osrriaj however not OF his own accord through
The rarade of appearing II the bar OF thu House, he
had but one course now to pursue and that was TO pre-
sent to is confederation, far he able, briei
distinct, and me hodical narrative Of tho circum'tauc,
attending the Culpeper election, especially OF snch in
cidents went, in his opinion, to hsw COM
sively. that that election conducted in manns
o'ally Illegal, irregular, ard unfair, ard by
qurnce, that The result ofthe election any thing haT
what l. should have hem, and would have been, had
there been fair FULL and legal expression Of the pub.
lie will Should he succeed in realizing tits nen'ion
he most cnnhdcn asserted he should do, he pre-
sumed this House would apply such remedy, as the
wrong eslahlshed might demand. In proceeding "a
thu u6mont Of this promise he need scarcely in woke
the sympathy of this Assembly.-I sufficiently APP
parent 10 all who heard him, that nearly overw hemd
as he was by h pain and embarrassment OF the occa-
ion, ihrown uron This new and unired theatre, with
but ite very lille ability, and still less nperence, in
the presence Of large portion of Tie assembled learn
ing and distinction Of u il renowned Common weal;h
he was entitled, emne entitled To their utmost in
dulgenoe-The fret point which itself under
the resolution offered ny The gentleman from Sussex.
wa'-Can this House judge OF the legality OF the 81
OF ot is own member, Without notice has been
given in FIVE dave after the close Of the cleo ton,
to the returned members by person sgnfying his
intention 10 contest heir light TO seat upon whatever
grounds OF iegaly or inePibility there may he? He
differed with the learned Committee OF Privileges and
Elections this subject with great ditdsncc and
hesitation, he dill upon any subject. which il was
hs m.frtune not 10 be able 10 think with that ntel
gent hOdy.-To examine this question correctly, il
would be proper TO ascrrtau the power conferred on
deprived OF tina, power hyl the operation OF law-And
whether il he within the constitutional competency et
the Legislature, and especially Of the legislative
Of government, longer in existence, TO
row. sDrIge, neutraliZe that power that il
decide upon the Legality OF the election Of any all OF
its MEMBER, unless the subj ot he presented it,
but little stood, by
over whom this House could have possible control.
The Constitution invested each House of The General
Assembly with full powerS, and Imposed upon each,
separately and distinctly II sacred du,y OF pressIv
ing the purity OF the election of iis mhpre.-
The Constitution says. that each House shan Judge
NJ the election, qualifications and fetn of us
berS '-Could power be given in explicit term.
Wac 1t rot he intention Of the people. when they
granted THE power that il should every ,ha,
mig hit possibly occur ID they not intend cay, tina,
the House might judge of the election Of all its
bers And tia being grant by the people them
selves, you recognise anoher Legislature beirg
entitled to say, that you shall not exercise il, unss-
whom you have cOntoul? If they could n OF act
upon subjects of this sort. wit out notice. IL fiiowed
that they did not derive their power from the Constitu
ton, hut from the law OF the old Legislature, ulat
ing contested elections before ts boCy-Or, in other
words the right to Judge OF their elections, de-
Ponds on notice being given, and without such
tee, the Committee had decided they ccud not act
From this Of fonng, it him follow
that Notwithstanding the power in question II fully
ed, snd by the CHEST power in the Commonwealth, an
thong il was intended 10 every case vet that
could exercise ii in than case in IN, u,and
They had been Oh, IA, he law which required a FIVE
days notice. was the work Of both Homes of the Cen
erai Assembly, aud were asked, this House
destroy their joint act To this, he (MT. p weulj
arswer-To judge OF the purity Of their elections
was conided 10 them by the Constitution ;snd The other
House as no right 10 dictate to a. lay d.
rules TO la' their action upon that subj ct H.
would ask, in uTnIs the act OF the ordinary LoCisla
ure Of more force than the will OF the people.
The ode Of conducting contested election, Of more
binding authority than the simple rules Of tLis ri
itself would he, on The EN- jsct? II seemed TO
him not The power TO judge Of the election, quail
fcutiOT, ord return Of i,s members not conf-r
red on the Legislature, but each House sepa ate
~ :-Tbereofe eilhef House might, without the con.
sent Of the ether, establish ito own rules; and u ey
had IA great force and validity, as if they were
estail.s by the joint action Of hs TWO HOuses
true that two bodies might agree in the adoption OF
the same rules, and they ight do in the form Of
awyet eibe could vary any Of such rules, in respec,
to the action OF its ow1 body, without the consent of
the other, and ate su new rules az 10 il should
-rem ~ 1t had teen argued and correctly 90 no
(Mr. P) th0ugh', az in deciding uro The subject Of
elecion', ibis House did not act IN ts Isgi iadv,
character, but Court Of in, tee II yvo,lJ.
therefore, seem that, the power under WI en- il J.,
cof rred by The Constitution, that the laws regu.
atig he mode If rontssng cleo ns were 10 he CON
justic; nd A. long they the end OF their
creation, they ought not 10 be departed fiOrnhut in
tie very moment il should he III they wo ius.
tee, th moment should be the Iss' oftheir exsencs
What would be said Of that Court, which would retain
&c, of rules hat would. In nine hundred aud ninety.
nine i'm in thousand, prevent it, action he very
object OF i's creation. " seened 10 him that s doc.
trDo conenle for by the Committee, establish eJ mi,
p-oposiion,a Ne officers conduc ing election igh
VI ate eVefYh1 in the Statute Book-nay ina, Tie
might disregard tie Conni'u'ion II elf yet hi. Hcu.o
could NOT, dare no nterpoge unless person shall
in five or Ten days, give notice Indeed they seemed
have gone the length OF deciding, that they would hear
evidence 10 contradict the return of the sheriff un.
less the proper notice shall have been given. II then
followed, that II the Sheriff should hold election and
return bis own avOres, this House would he compel
led to LEI a persons 80 returned retain their seats I'm
e's the act Of Assembly had been strictly and erally
compiled With u thswas So II seemed 10 him thacthG