Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-27

the resolutions reported from the comm,,.. A.
~ ~. g.. ~. Po"ponsd I'll Tomorrow; andthe Rspor
Osengs case, was taken up, aud read =, Io,fc-. "'
The Committee Of Privileges and E,.c,io". :. v;,
seeordng to order had under cou.ideration tho
ihof Thomas Davis. complaining of the nns.. ~"
lion OF james Barbour. EGG the member r.,,s,.S :,
serve 10 the present Hou.e Of Delegates. from ,hs
county Of oraoge have agreed upon Report. and
70 we following Resolutions thsreupou
. appearing thst the ssi election " az ko, 10, nm
we zsh day Of December. 1870, aud that The ,.Lov
"1 woes at the sill ei~c Ion. terfnins % ON ,hs
that the return Of III. High Sheriff Of IN. eoon,v
or Ofsnxr, msds upoa the writ which i..ued fom III
ase Of oeiegat-s o, the 18th day Of December las,
,hs s 90 TIE Soh day Of O.ceu.b r, 1880; thu,
| ,,s .ans' gave the sitting member a no,ics In
"tuine, on the SiA day Of d cembar $3.50 oI nj. In
70 coolest tho gh' OF the said ,ittinr nm ,u,b.,
the m.",, .Is prssn. House Of Ds'eg.,ss and thu,
sM seterr-d % this Committees was present.
present month: $500 y" "e @it Gay Of the
n.esooed. ss the oplaioo Of ,h. Com i,,e.. That
~ ssu memorial was not presented to ths Hons. -,
DeiexHes within tho time prs.crb.d nv ,h ,o.S "
=, INC het OF Assembly, entitled An act r.duc
lion Of Msnb.,. 81 ,. .e'; concerning the slse
o'aer purpose. passed January 27 h. isis ' '''
=. Aesofred. a. thu oPirion Of this Commits. M,
the ssid memorial be rejected" ""'
Mr. Claiborne opp ,sed the Report of IN. >,,,,
y" he ground that they had computed the tw.n,y
nys showed contes'ing candidate 10 take t,s,imony
ron we period contemplated by he law. The law
sve twenty days alter the close OF the election Tn.
ques"on then was. when did election close, "a.
argued that closed when the Sheriff made proc,sma
ns1, c Iorun. which he was required do at the
Sov.y Court alter the ele cton aud that an cleo
''on could not be closed WITHOUT a proeismstioa In
e1un'es where there were precincts, i've DAYS were
s.h.n lot os,ogng Ia tho polls to the Court House
we.o ne Sns'in had the duty 10 perform of compsr
rug tue pole; aud he might find II nee essrv 10 ohtain
OF as 10 any two similar nance on the polls
'sn' 20 those OF tisrsnt ndvidusi. was
.mPcssoie Tor the people to know who was elected n
tne oher'n saw ht to keep the N b;n.f
=. az Poe'amauon was msde AID If the construction
la, hy .1. wa, correct he might prevent con-
ey. oy !eissog 10 declare who elected uni re-
qIWsd 20 make the proclamation by law and ,h.o n.
| xm 1--WE tne return to the In iiviin having IN.
smallest number Of votes, eciudioe ths 9TH e,o,
DAT. or the electors from coptestIpS hac.n. III,
would not have been able to give notice or TAN.
mony In 'ime. The House would no, b. prepared to
| sanc"on sueh principle. The procl nation was re-
CURED ny law. and IT mu. have been in,.n,sd To-
some purpose He considered the close Of The .,so
uon techncaty. intended to imply the procla ma
non: which was the real close II bis eon,trucon of
he law was correct, tho petitioner In tbs case b,d
presented his petition In good Tine He aIoJed to an
1uPePer case, in which the result was not declared
place In October. The question ought now 10 hs A.
cided as TO the time from which the twenty dav.
.nou,a 90 computed. They must begin from some
'pchc tins, and thought il ought TO be from IN. r,
ciama'ion by the Sheriff. at the Court Hou,e
MT Motifs sad that the r~port was fouoded on IN.
ION SECTION Of the law Of 1918. which gave twenty
aHer the election Ia which to coll. ct te.timsny
400 present. the memorial The question was what
was the close vi an election. The time of IN. ,rocIs
s"on eouit not be the close. II the procsma,iop
au "o oeen made In this Case, il woull appear that
no gentleman from Orange had been admitted 10 n
sea mere Tor twenty days 10 the close of ,hs
s.ecuon. snd the committee had not only done wrong
eeed'ng 'hat the petitioner too late; but thew
NAG also done wrong 10 not declaring mat he wa. pre-
instructor his .tition would have been presented
me close Of the election Sach vs,e Of ,hiog.
| never contemplated by the Legislature If il
were so,'hs county might be d.fcanchissd for whole
session Four.hft OF 'ha Comaittee of PriyiieSe.
~ ,;. mad decided 10 the Colpspsr case, that
sko
c,o-ed on the day which the Sheriff. met a, th
court House, with the diff rent polls Some wer. n,
| op.n on mat the twenty days ought to be comuu,ed
not rom the day which the poll, were brouyhI in
OUT from the hfh day-hve days being aIop.d I'm,
or'ng.nS 'nsm In II Zine va, c,unisd from The ds
on which the polls cn,pared the petiti,ner :, >.
too late, u from tho 6fth day, ne w a. i 70
me necessity OF the proclamation to give
~ ~. people, the same Inconvenience exsted when
se"srai law was passed in regard 10 elections nj
SENATORS, which now exist ia the precincts, But IN.
Legislature n YER fit to make any provis;,n ~
eI me practice and 40 plants were ever ma ie
'"ousn twenty days only were allowed. counting
rom ne time OF the comparing of the votes nv ,hs
Sne'h' ~ ihe principle tended for by the nth.
S'een'ViIe had been acted on Ia the 0=tober
S'eeoons' "e Two ondie' OF the L. gi.lature would
nave osen SIT ng before the elections OF the mem,sr
"ouid have cio'ed There was no dficuitv undar m .
p , SYSTEM the candidates always knew who would
NC returned at the time the sheriff COMPARED the no n.
mere was question 10 the Culpsper cleo Ion wbe.
.' VIC commencement OF the contest should be com.
% os tue iast oil The odays allowed for collect ng he
pms, or from me day on which they were compsr.d
Inc committee decided on the latter. The House In
US VOC on mat case, had made no decision ON III
po'u' ~ was clear, however, that from en-. of ,ho,.
TWO periods, the time should be computed
W.T. Ciaoorne commended that if the time was IN be
computed according to the genteman's opinion the
oheriH was not bound TO let any one know The resuI,
put the candidates But the electors were in
knowing the result and had a right to know it, The
CONTEST oil an election was not confined to a candidate
any one Oh the electors might engage in IT, as was the
case III the contested election Of Henrico As IN IN,
ued ina, members would take their seats before tbev
49, eeG'eu' those members having returns would
nave right to sit, in the cases OF the gep,lemsn
from Henrico and CuIpeper, until it was s6. WIN Nh a,
"ey were not entitled TO their seats The copstruct;op
"h'cn ne mad gwen TO the law, would not therefor.
a'er me practice in that respect. The construcon nj
the gentleman from Hanover was founded on convent.
ehce; ouch construction often led to error and often
70 ioIy' According TO the gentlemans idea that Eve
Jays are aiowed TO receive the polls of the precincts
aud hve days thereafter, give notice. the Sheriff had
NOT an hour allowed him TO compare the polls Ue
therefore could not obtain evidence to enable him IN
compare them correctly. The supe rntendants OF the
precincts, VINO had nothing do were allowed five
"yS anu not one hour was allowed to the Sheriff who's.
auy was 70 compare the polls. 1t not contend
Gu ua the law had provided but il was conyenie N,
-or the candidates. The construction was a one sid.
eu one allowing the candidates right which was RS
FUSED 10 me people. " the people were considered 10
nave any hiag TO do with it, they ought 10 be notified
ne oeiieved that the proclamation at the court- house
vas he period from which to commence contesting for
me close OF the election to him TO be when IN
people had notice of the result
MT Morris In reply said, that the gentleman seemed
70 suppose mat there provision in the La
20 precinct elections, which declared tottden perbs
.nat the proclamation the close OF an election =
thero was no such provision in the and the
ueman would be obliged support his opinion by the
A. L., TIN -