Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-12-30

Scrutiny body authorized to hear evidence
and investigate facts regard the legality of votes This
was not the case Those commissioners were permitted to-
sit only two days. in order make list OF the legal
votes-for John H. Vawtcr many, and for John w Ke,
list, besides the names Of the voters While the gentle
man from Campbell had been speaking, the gcntcman
from Albemarle had whispered TO Mr.. NJ. that it must
be sustained by evidence. IL was sothey must examine
evidence the principles which the commissioners
had decided i'm making out the poll. The committee Of
Privileges and Elections the proper body in which to
make this examination; and the resolution asked for tho
power to do So
Mr.. Summers could not perceive how the gentlemen
from AIbemarle and from Campbell could reasonably OPP
pose the resolution submitted by the gentleman from Fau
QUEER lie entertained not solitary doubt himsel but
mat the committee of Privileges and Elections, already
possessed the authority sought conferred upon by
the resoluton-The Chairman of that committee, how
ever in order TO avoid discussion hereafter, proposed to
take the of the House, once as to that question.
Ii the resolution were adopted, would be recognition
on the part House Of that power and save any con.
troversy when the committee again reported He hoped
none disposed to deny that power-Were gentle
prepared to say that the legality ilegaty Of
should be decided by the Board of Commissioners the
countless and the House be barred from examining the
grounds upon which the poll had been NADER He
not aware that this House had parted with the indispua
BILE and absolute right belonging every parliamentary
body-the right TO judge of the election Of its own menu
House, not permitted to examine the decisions Of the
Commissioners and to step which conduct
ed them 10 the final adoption Of the corrected po then
that committee should be abolished The law Of the last
session, designed to confer such authority upon the
Commissioners, that contended for scrutiny Of tho
it, and TO ensure, far possible the rejection Of bad
votes was supposed that in most instances, the cand
dates and the people would be satisfied with this examin-
aion and that thus contests which otherwise would
come here, might be stopped by the agency Of this primary
ordeai-n wasthe necessary consequence of the system
oil precinct electons-These domestic tribunals were
intended TO settle the rights of members to seats orr
this floor or to alter the rule by which their claims
be decided here Their very constitution and organiza-
ton forbade the idea. They composed Of those who
have partaken largely in the excitement of the election
Eight days afterwards they meet and if unable TO COM
ed tWo
more-Gentlcmen seem TO suppose, that the candidates
contrasting before this board and that testimony
nshed by them to the votes This No evil
dence is adduced other than the land books of the
missioner the tax book of the Sheriff. and the of
inc cerk-members composing part OF this board. Tho
parties not before them In county, was inform
ed that the Commissioners actually locked the door of tho
room in which they assembled and forbade entry
oil any and all persons There contest until after tho
result OF this scrutiny proclaimed The Is bot
toned upon that result The notice is then given and tho
parties allowed sixty days within which take positions
contest alter scrutiny of the POLL had been compared
TO an appeal from an inferior superior court twas
SAID that we are TO presume the decision below
rect, until the contrary be shewn But said Mr.. Sum-
mers, there is no presumption in favor Of the final
dccison unless be- where the appellate court is fur
nished with the record of evidence upon ch based
and forbidden to beyond On the contrary appeals
@s ,rG hnd the Judgment . of Justice are de ors
no f7at oil the case presented by the parties for
the cause has been wholly made up, since the scrutiny
took place IL is said that presume in favor oS
the corrected poll because rs made out by officers
For the reason, Mr. s. said the commissioners whcn
presume all The votes upon II TO be good ones, because
they had been admitted by the sheriff. who was sworn
officer, and the sheriff bound to regard every
entitled TO vote who presented himself upon the ground
that all men are presumed TO be honest until found other
wise Mr. s. said that he had voted against the resolution
adopted by the House on yesterday directing the Commit
tee OF Privileges and Elections regard the of the
sitting member, as good, until proven otherwise. He
in favor Of the principles adopted by the committee
their report, which but an armance of the rule Of
evidence so universally rccognized-hat the pro
6dndi should be with him who holds the affirmative
| he one pract caLI
How asked Mr.. s. possible in the Of things
to prove ncgaive' Who prove that another is NOT
qualified voter! The contesing candidate furnishes TO
his opponent, list OF objected to- with specfca-
ton OF his objections attached eachIf the objection is
oil an affirmative character that the
mind with him TO sustain t if it of the opposite kind
as that he is not eehoder his adversary who has re-
cevcd the benefit Of the vote should prove existence
OF the qualcationwh him there is but single tact to
prove The other might prove indefinite number, aud
sui ia to TO shew, that the Individual is freeholdc
Suppose said Mr. s. objection is that the voter is not
naturalized czen-How is the objection TO be proved,
The candidate alleging the disqualification, examine
every court of record within the United States show
by each clerk that there is in his office evidence of his
naturalization there. IT, however, it is the duty of tho
other party TO sustain the vote, he easily do if the
vote good oneAgan; suppose the party alleges in
general terms as he may do that the individual sis
qualified TO vote under the amended Constitution" and
you throw upon him the duty proving that he is NOT
quaitedHe may prove by the clerk that the voter has
evidence of title TO land in his ofce-bv the commis
oner that there such evidence the land books-by
the sheriff. that he has been with any part Of
the revenue OF the preceding year; and yet these
he may be entitled TO vote by descent or devise and hs
may be tenant by coutesycan the candidate prove
he is of hese The rule, ne said for which he con-
tended and which had prevailed since foundation of the
government, perfectly fair in its operation and was
equal upon both pares-with the opposite rule no polf
could ever be impeached. These remarks Mr. s. said
were hastily thrown out bat he could permit the occa
sion TO pass, without protesting against transfer of the
great and peculiar powers of this House, the tribunal
created by the act of last session. and for which this un
parted claim OF authority made He hoped the re-
solution would be adopted; but he should feel much more
graied some gentleman voting with the majority wouf
move consideration Of the vote given Yesterday
Mr. Rives observed that if the of yesterday was to
be overrulcd, he hoped il would be done by aoon h,
reconsider it, rather than by an indirect motion.
Mr. Marshall said that ii any gentleman who voted in
the majority the resolution adopted yesterday would
move its reconsideration he would withdraw his resolu
lion.
Mr. Richardson then moved that the House re consider
its vote the resolution Of Mr. Rves adopted ON Frday
Mr. Ryes said he considered the settlement Of this aues
ton OF great imposnceand, although nc had not chang
ed bis opinion in order that the subject decided upon
with due deliberations he should for the re- consdcra
ton with great pleasure.
The motion being carried The resolution was reported.
and the question occurred on its re adoption.
Mr. Moore TO ask The chairman whether there was
any proof before the committee Of the misconduct OF the
commissioners because if there were, would be r,pie
Jdcie evidence for the parties
Mr. Marshall said that the committee Mad De evidence
before them d the misconduct Of the commissioners Buk
there was evidence that those officers entertained the Opt
mon that man who had paid his after having been
wa ch To