Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-01-12

extended to other gentlemen, while he presented To
his consideration. his views Of the subject. Mr. O.
said. tia, tho Committee IN their inv of tho
polls taken at the Culpepcr election, had
and rejected from It number of illegal votes pol.d
TO the sitting member, but had declined like scrunv
OF IN" votes poled 10 the contesting candidate on
the ground that the notice given by the sittinp men,
Der to the con- esting candidate not within the
tim" prescribed by the Act of Assembly regulating
eecti"ps in counties where separate election. veye
au horzed by law. Mr. G. said, that the correctness
of tho conclusion to which tho COMMITTEES had been
srnngh, depended upon the construction of the Acts
which had been repeatedly read in the hcarino NJ
the House, passed in relation sepa rate elec,ons,
ail thn cautions Of The several prescribing tho
du,ies OF The officers conducting elections and pro-
seno'ng tho mode of contesting them, had in view
the security OF representation from each county
according tn tho will OF majority of The people, and
~ Tue Same tim" TO avoid such delays would ure-
vent the representative from taking his seat as early
us possible so that the county should not be uprepre
scntcd-thc law regulating this election is the Inv
regulating elections writs issued to supply vacnn.
ces' wblrh prescribcs that the candidate oontestin
inc election OF the member elect shall rive his mo-
tice within I've DAYS after the close oC r.. .I..,o,
aud that tho member returned should give his conn
'er-nof'ce within Eve DAYS therea fer and upon tho
question what Is the close Of an election depends
the correctness ofthe report oft the Committee M r.
sac, the Act Of Assembly required that tho oa,oer
conducting the election ut the Precincts sbould re
turn 20 me officer conducting the election ut the
Cont House, the polls taken at the Precincts with;
tv" davs after they closed and tina, the os,.a
conducting the election at the Cour, House .bouLl
examine them without delay. strike ont INV vo,o,.
nam" VINO had voted more than once rive notice -
tho candidates having tho greatest number of vot.
and proclaim the result the frst dav Of tho nov,
county court II had been assumed and argued with
much felicity and force by the member fron, h.
YER that nj the end of the Eve DAVIS vp;,h;n L.
polls arc required to he delivered TO the oicar con
nuc'n" ne election at tho Court House. was the truo
s'''e rom winch to compute The five days and tho
nn'ce OF the sitting member conseouentlv w,. NJ,
Vth'n time. Mr.. e. said, that in this h. d;f,.S
WIN IN" committee and the member from Hanover
ana should argue that the close OF 'he election w.s
| IN lega! cnntempla'ion--the time W on tho .ho,s,
conducting the election proclaimed s resnl, % a.
cit'z"ns of tho county, az directed bv the A., IL
said that the Act had Fixed no particular time Which,
termed ne close Of Tie election but tho camel,
sion to which his mind had been brought Do
pended Tor IT'S correctness upon the force of the e,.
ond the proprety Of son,e arnuncation
OF M resn,t from an authorized source When The act
speaks the polls taken at the precincts which ,;,
IN given time, is to be delivered to the Office, con
uuct'ng the election al the Courthouse il sneaks of
IN" choss o. the pois-not the close of the election
tnen inc more end of taking the poll is NOT cIo.a p
the eieciion-ifit had been so regarded il wouIJ 10
np"n so called The polls closed when the Cle,t
fuses Z" enter votes and cert6es that they are cor
rec,Iy kept, hut the election is not closed the CO.
instruction m expression runs throughout all tho ao,a
noon this subject. Mr.. G. said he woulJ ast ,uho =;
i" close tho election? Not the Clerk for be o,i,,
enters the votes, and is only reouired bv Lao, % -
~ thaf be has done il correctlvhe is NOT re,n;,a5
10 cast up the votes, and certify the number ,yen
VINO nave the greatest numbers is he required To
procaiTn mo resnIt-conseQuenty he doca d..
the election No bvstander is authorised ce,,,;nI,,
to do 1.-THE Sheriff officer conducting the
Is the person who is alone authorised to close Tbo
question then ls how is the officer conducting tho O.
iecton IN close IT! Surely in some mode prosrrbad
by The act, and the mode prescribed BIO tho NOT 81
TOE only one IL. by proclamation. Phs proeamat;on
Wa' required to be made on the same day the poljs
we're closed, before tine reduction of these senaro,
elections which have caused So r,ucb irouba e. -
House during tho present session. and since Their In
rounr'lon ID the Counties where they authorized
az 'no succeeding Court-day sMr @ said he could
not well conce We how tho election could be reonrdoJ
I as closed while any thing remained to be done 70
qea Nv me act to ascertain the result. Tho resuIt
VI tEfry e!ec'on must be ascerianed in some fixed
mooc' anu from official authority; and that ascertain
uient can alone be regarded a. the close bccanso 80,
no otncr information can my person ed act
10 rotation to IT. 1t is true by-stander NAV knoIo
the result, but he liz not authorized to procIs ~, ,L
result, so as tojusty any action under il. NO, 60
one ne justified IN acting undor KNOWLEDGE Of ,bo
m nsu'', "e,Weu IN any other than oficial vov-
uSHn,uaies elected may know from their owp
observation OF the poll that they are elected bu, ,hoo
cannot take their seats upon this knowledgs. ,boyy
must nave the certificate of he Sheriff in iha fam
prescribed by the act. PhoD the law does M, -
thorHe or speak Oft close of the election &C.,. e.
Proclamation OF the officer conducno u ,bo a,spy
ing Couri-day after the delivery of The noIIs No., -
contest, was the true closing of the elsction To- I'll
pLtP;cI' ana INC period from which the time vitbn
which the notices might be given. comouted 1vh;ob
brings tho notice of the sittinn member IN tbo 60
testing candidate, within time. Mr. G, said This a.
guIoont would he greatly strengthened when ger
a.ehen remembered that the tune of five DAYS WITHIN
winch the polls taken at the precincts were IL be Jo
HVered bad reference 10 that exclusively md ~, =,
comparing a"d closing The poll There is no Tine
prescribed to the e!cer to whom the Doll is r. o;roS
10 be delivered within which he shall cor,n,io 80
pons ana nscert'in who is eeced-ull lie is rcouiyoJ
20 90 IS To compare the polls without deluv and mo-
NY the persons having the greatest number OF votas
., tlcir e.ccuon' In relation to the time the SboriG
nay receive the poll OF the close of he Gyo dnys md
noI " ""IP I" compare them within the limits nor
perhaps, could be able TO do n, vy;tbin fo d. o'
aiter and then no notice could 30 given ON accom-.
o, me aPse oi time arising from the delay of the She
wv III 'e,a'h 10 the noihcuion to the persons elected
required by tho act there seemed TO him fsoid NJ 70
si greater difficulty A. what time are the candido,a1
elected 10 DO notified their election? Vas thor, 80
express lmltaion' Certainty nonc-tbe sheriff rnnGy
retain the result Of the election in his own m;rd n
nor make u known TO human being for MOI ,bu'.
nve uaIs alor receiving the poll and thus secure be
sClLA OF InvnrILa cnnhLLnfnn 'nc