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

member. but II was principle which he thought
ought not TO he sanctioned by the House. He was
clear that the Individual contcsng ought 20 bear the
Ourthen OF testimony. Was the eurn of the sit.
'ung member, prime }acs evidence that he was emit.
leu to LIS seaH To test the question, he would sup.
pose that member having been returned; an Opposing
candi"', who had received but thirteen votes should
ouly him that he would contest the election and tha,
he would enter il'O the leg aly every vote of the
returned members poll, amounting to some hundreds
hnd suppose the coesung candidate TO stop there eav.
ins the burcn OF proof the sitting member Having
raiscd the question of gaty, was Inc TO be entitled N
me seat not because lac had sustained his allegations:
but because the sitting member had not proved his vo,
to have been leg' II this could be done without proo,
on either side any person whom the people had not
CHOSEN TO elect, could be hoistcd into the seat
against uer viii, and to the election of their choice
mere was great Inconsistency in the Report of the
committee, aud the arguments in its favor The chair
man had called Mr. Pend!eton an interpleeder II he
were such he had certainly plead his well And
tappeared on the face OF things that he was entitled m
DE party And was possible that decision was to
be placed on the records and 90 the world nv which
ON individual with the smaller number of votes was 10
be placed in seat in this House. in preference TO The
candidate who received the majority Of the votes! If
uiiS was he decision, what would the House do, Did
thcy not receive the representative of the minority in
e.cad oil the majority OF the peopel If thew gav hin
e seat he would have been legsated into H. directly
against the will OF the people. The committee had de-
cned TO examine his poll; but supposng it TO he CO.,,
there was another candidate who had received Snor
votes than he had Was il competent TO theaHou.. q,
give Mr. Gibson the seat with minority of votes, IL
thought not But II was said, that the law made No
pIovlsoh or entertaining contest without previous
or
IL was said tina; the polls of Messrs Pendleon and ;ih
son could not be gone into, because thew were NOT
u Dy the sheriff The committee could examine
c reiauve polls q the sitting member and the contest
ing peuoner but not the relative polls of the latter and
mr.; Pendletun This difficulty the committees
could not get over. Hc should vote for the ecomr;,
ment oil this subject in order that the comni,t.o sho
take into consideration which of the three indviJ,is
,ece,Ve1 me largest number Of votes. The chairman
had laId great stress the fact that Mr. Pendleton
mad relnquished his claim. But he woulJ a.L VIZ
.er any one had right to barter, to give or sell the
people who% he from ne people, or the rights of the
TONS affair, but the affair of the people He had No
Sh 10 give up so sacred trust, according TO the MAY
I'm deIeSdtuS non pcteS delegdyi. He believed IT,
was statute which bound am individual IN ssr,,a az
community seven years-It was a dead letter now-Gr
IN these degenerate times there plenty who were
greedy Tor Office. But il the right Of the neon,e
OF CulPeper that Mr. Pendleon should speak for tbe
mere; as he had been elected. So saw the nolI hoo
hey also exhibited the fact that Gibson could not
onn. n ne erection Were not 10 votes as good az 10
~ go' Ihey made majority and that was enough
mere was also Mr. Thornton who was one oftbe can
nluates tie might as well put in his claim also NJ
man with but vote mi ht also peti,ion Wy,
as good right TO the the contestn cand;da,o
.ue case were to be decided on mere techncalies II
mao oeeh SAID by the chairman of the COMMITTEES that
inc same number Of votes would probably have been
struck from the poll OF Mr. Pendleon had il heen ex
men mad be IN stricken from that OF the sitting
member But IN case like this, probabilities would
hol 90 members would not find it easy to satisfy their
constituents with their votes, by admitting thai thew
decided momentOuS on mere ,yobobiT;t;.s TLy
only course TO refer back for the examinatior ~ az
polls. that the right(ul might occupv the scat
nu IN the name OF the rights of the people, and in the
name oil melr duties, he trusted the House would NO,
"eclue uat Mr. a. was preferred to Mr.. b. not nm ,bo
ground oil majority of votes, but on the strength of
mere legal technicaity.
r. Morris said 'ha', after all he remark. that had
oeen offered In relation to the epor OF the COMMITTEE
on 'he petition of the petioning candidate and ba
sa'xs upon II on 10 msr day, it would be we'll to
asa "ha' was the question befose the House IL miah,
e perfectly night to wander from the subject and All
tack the report but that was not IL = oues,ion - a,
p nsIi"eu Inc question was on the reference OF MIR
Tehdletons memorial back to the committee Win or
ders to inquire H'o he facts stated in IL, Jf tb,t
me question: surely much Of tho argument that had
been expended, was utterly nappIonria,a S.n.
e we Gloaf rom Aibenar,e had ded in conync
ing The House that The decision of the comui,Ia
MIohf NAT 81 nos apply to the resolution now in de
U S' ReVerse the decision Of the committee and
taere was no need Of the resolution The gen,I.man
hSu urged mat the hnrthen of proof ought not to rest
on .ne s,"l'g henoer-athough that had been the
P'acuCe or years But suppo-ng that principle RIGHT
ahh all the decisions of The committee wrong was III
tounu 10 re-commitirg the question for the commit
zee 10 go Dto the extn alton Of new aue.tions5 II on
uso'uea' he committee would acauesce withont
nu'mur' bu' the argument of the gentleman Mr. |
oPeaSer mas no more application to the resolution nov
~ your manu. man 1t ha' to the Orange contest or The
Ps'lick cont's'. HIS had uttered one sviIsbIs T.;
lou 10 mat resolution Had the resolution declared
" 's 1c's oil NE cemui tee wrong his remarks would
""VI pteh wen uIncd The question involved in The
res0u lon was, what we're he facts of the case If
D Pendltton' lie nd already said that these fac,.
we're no' legally feiOre the House-and all wonId 49,.
with the gentleman from IIenrico tbat ,bsy All 30
stand here, in this case, TO make The aw-but IN do
cl"e what Is the law Bot il his fri nd from AIbsmarI
''s"' they we're now called 10 declare that ali
nc ia"S q virginia were techDicalities-and
'"t he 'dcls must therefore be examined in order 10
ueo,u1 "hA VAS The viii OF the people of the c,nntv
" CupePer' Tie provisions by which that will w.,
10 De obtained, were To be thrown a.ide--au iaws ~
he subject mast be dispensed with and the mere ones
uon oil the public will be taken into confederation S;r
Is the gent mas tom A'hemarle prepared for hi;
are we TO be told HAT laws are all nnlli,is1 AZ
" ti4 provision that notice shall be qivan IN
Nrheu member, OF he ineni.n Of an epp nent N eon
'echhc"ly, TO be Sc aside, it would onlv mead
uAt caprcous individual should take il into III hs.J
tha' 'he member from Hanover hds not been elected
HnI ne comes hsFa wish his memorial. sbou(d have
ooi1e mere uuprepAfed with eviIence-he woud bavs
~ a"l mus go none, and renouish my seat TO him
ihis was the very Case Of til infeTpIendey Tbs .n
ueman was altogether mistaken ia supposing ,ba, ts
winch he ought 20 have proved. The rights If ,hs
people were rot to be supported in the manner nYonn
ed by hun. The principle Is this Won are ~ aiv.
i9fce 70 .h5 pubic "hl-by wha?-by negIs c,ins all
the ProVison' Of the laws? No, Sir-by adberine 10
mem; u "ete not 90, then il would be 10 derl,ts
md lhe H9nse Is wiser than both branches of The IT,
s-ir i o"d been declared, by the united wis,
uon OF we Legislature that these laws are nec.ss,,v
anu snail be enforced. But we cav not And N ,hy,
were not to be guided by those laws IN. onab, a., Icy
an end to them If such a state of thing, wsrs W pu
occur TIE people would fad that their right. CO., b
ehEhuy protec ted-ihey would find il imnossihI. ~
sas'aih lhslG chosen member in his seat. and ,h Ii
~ E' no' even DC secure OF quorum IL all b.r,i.,.
"oIo """n "o"n, contested elections wouId bscnno.
,uNWeIS VI every cay occurrence. There seemed ~
hOhe OF 'hOse ullcul'iss in arriving Al The cbo;.a
VI une people, winch had been assumed 10 xist Th.
coDparisoh Of the votes a public na,,er. ", no
hu ~