Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-08

was no course but to place Mr.. Pendleton where b
Was paced oy the LAYOUT OF the question altogcthe
oe mere was another question which had been allud
carry In the day. TO show the power Of tho Hous
| eJeet member, with formal notice. The eligi
o"y OF the member had been alluded to; but the au
s,oh was inappropriate The House had right to purg,
us membership Constitution says that priost shat
not have seat here-hat Church aud State 81 all no
mnsle. He NUT, therefore, 20 out So IL " as will
persons holding ucia,ive ofce.-in the Trea urv ID,
p''tnent. tor intance, they disqualified and O,
us oeiug known they must relnQush III, ir seats But
would The gen ieman say that sLoce were not .erv
eo upon them. they: although disqualified, were emit
Tied to sit here His conciu. icns In Mr. PendIeton
case were htse he came he re a, an inter
Peauer, or Otherwise the people did not So him
Hu 'oe member ron Albemarie fearful for their
,kns nu'' Mr.. NJ believed, the people unde rsood
me" ,'ght'--and that the House would have heard
mon he m' IL they FELT any anxiety on the subject II
ney na 40 wished Mr.. Pendeton TO como here, they
would nave put him IN cen li,on to have come In
iher name. But, in consideriug the prtition Of Mr.
oson ne would ask, what right Mr.. p. had here -
Lao determined that he would not contest the cleo
eoo,. ~ "e suhg member. He then wa. out of the
son.es'-he could not be oth,rwi.e MR. NJ. then
men' INTO an examination Of the a, gument relation
'ne noues OF COL Gibson, dated 30th October and
r. aheo 'hat was entirely foreign 70 this contest.
rue p'i cpai lat stated in that notice, wa that the
commissioners in two Of the rrecincts were not sworn
but The member from Abemarle could not press this
~ ground on which the election should tie vacated
after the decision OF the House. on Thursday last on
the Patrick cleciioni TIE memorial OF pendIeton and
the petition Of the conesipg candidate could not b
mingled toRetter-they stood entirely differe mt
gro"nds-And II they could be blended the non ear
ing OF the commissioners would avail nothing-ior his
'rerd from Henrico has ssid although he smoke and
vo'ed against the question, that he would now vote for
'ne P,'Icpi since it had been stabli,hed-And so
wou'u Mr. MS friend from Albemarle-for he was
strenuous In the opinion that the ormaty was not ne
eessary. and vo ed with the House. Upon the notice
ne oo'o' therefore, nothing could be found ed-and
upon the memorial Of Peade ion nothing could be- urg
cd tor sending back the reporand the conclusions of
ne argument, upon the motion, made what LAWYERS
cahed an immaferfdI issue He hoped the House
would refuse 10 refer the gu. sion; but If thew deter
mined Other wis-, that the memorial, Of the two
mit,ee. " ~ A
Mr.. Eppes would have been very Willing 70 avoid
'Is aeoate' which had extended 10 an une ected
,eng,h. Ard bad he known that the two memorials
su "e1 kept separate in the committee, he would
ehueNor'd to disconsect them in the contest be.
lore THIS House But he did consider IL of aDv
importance He agreed with part OF the repos,: but
u" ne couiu not 70 the whole extent OF the committee
i. nsu occurred to him, when the Clerk read the me-
porai oi Mr.. Pend'eon, that the question was wbe
er any case could occur in which seat in The Uons
souIc De vacated, without legal notice To that poin,
ne ne wished to call the attention Of the committee
ohsy sea as 20 the case Of Priest and also to
ouer persons legally disqualified. Thy agrc .d al.o
:, 70 .ne irregularities OF the polls But might not
ma' gross injustice at the polls, affecting gen
"no uid not contest an sltc 'ion. and by which
'ne wiz OF the necple would be suppressed The me-
mortal OF Mr. dirton stated th at the polls ware
ed earlier than fixed by law-so thai n anv vot..
our. DID the facts eIi,t-and was it nee ,sarv
W give nouce IN order that they shoud be epouIred
INTO: His confidence this question was NJ as gra.,
no"' hs when lie made the propc siti m But, was IL
eApecient TO entertain enquiry into statement
OF gross inJustcei Suppose the corrupon of The Sk
rim to have been such, that candidate not 1919
saouid be returnedand that the fraud should NOT bsv
oeen discovered until after the time ap, ointed bv Law
cid ss houce-ousht such aagrArt case to be de.
cIueo on The consideration het notice was moi Given
within certain day! He wa, willing to enoui,e H.,
, quesuohs' me memoriaist complained that the
&c h was nov made known until % days aferhe c,ose
~ ne e'ee"on' and consequently that the memorabilia
no! an opportunity to give the notice as required bv
Jaw me BEST rule would be. that when the noIis
mIe all returned TO the Clerks Office every p.r,on
interested should attend ard that that dav .bopld ~
counted irom And, also, that the Sheriff should b
required TO give ice OF the Iesult 10 ali The
ia e'. TINS debate had shown, that this was NOT bs
genera 'andlng OF he duty OF the Sheriff But
ne present system m ght operate great Injustice "a n
me oherh did 50 delay the return as TO prevent m -
ae rom giving notice, his rights no, to be
rtgafded-and he to be decided coro,u NON ;,,J;..o
lie had no such opinion; and agreed with the cIo.;.n
part OF the report, made few DAYS sincs And he
hoped 'hey would adhere 10 their own opinion. Thai
ns principle which he wished sustained. If the
uocrihe set up In the report the men oral of Pen
De correct, then no one had right TO take mart
" % quesmon out the contesting candidate and sittipq
usn "@ pu' ne was oil opinion, that any her citi.
M Oh eu'Peper had as good right as Mr. Pendle,on
as 'he option now entertained that this oue,ton g,
pressed, because Mr.. p. wished TO he nls.ad in a.
ne oeheVed no. He was not he same Jobn G
nuieon who was candidate IN III. election NJ i,.
ocooer' lie was now as witness here And ,bs
question was whether he repiesent the conduct NJ a
;nihs'eriai oihcer correoty If he had reinoui.bed
'eh' 'e' MN take the consequences of that relin-
quishment. But, If his statements were true Ibe,,
ought to be considered. He had besn induced ~ ax
press himself on this subject by another motive Ths
ases'ion now before them, did not concern the m alon
ne decision was very important because il wouId he
referred 10 hereafter. Those who came after ,bsno
would iook 10 this decision He presumed the Chair
S hah Of the committee and himself agreed on this
mead But he could not understand the Chairman Of
me committee, when he snid, that the dav Of return
was me day from which to compute the Eve davs al
lowed Cor giving notices '"S' Si'
mr Morris explained. He did not mean bv the re-
iurn' the cer'ihcae-but the report of the SberjG AZ
Ter having compared the polIs.
Mr. Eppes said, he presumed Mr. PendIe,on r,d
5000 me mater differently. He nigh have snnnossd
that The time was to be computed after the rstnrp
eeen made He thought il would be mere in.tics ~
nave 'he question settled, that errors migh. moi in
me question was then taken on the r,,oIu,;on =,
Mr. 'o'ds' which was rejec edo to 81
TUESDAY, January 4.
GULPEPER ELECTION
On motion OF MIR. Semple, the report Of the Comro,
zee OIL PRIVILEGES and Elections on the petition of on.
man Z. Gibson, was taken UP. " ''"'
MT u0ode moved that the report be amended nv s,r;L