Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-01-28
U0jISN on DFLEGATES

{ JOWrIlTfcC rClrrreN a
Committee, which consists Of Messrs. Gilmer. VIII
lauls OF Harrison, Gibson. Caldwell Williams OF
Sheuaudoah, powc! of I.oudoun. Preston, Jackson,
Gholson, Chichester, Wood OF Frederick, Anderson ,
OF Botetourt, and Moore.
ORANGE ELECTION.
Mr.. Morris called Up the Report of the Commit !
tee of Elections on the Orange election.
The Report concludes with two resolutions-1,
That the memorial not presented within the
time TO days. prescribed by the 18th OF the
general election aw; ,, That It be therefore, re-
Jcctcd
The ques ion being on the adoption of the first re-
solution, Mr.. Clabo addressed the House against
it, contendrg that the election closes with the pro-
clauatnu ot the Sheriff, 10y which rule, Mr.. Davis
was in timc,) which proclamation Is required by law,
10 DC the succeeding court (Which Monday
I1s; Mr. e. made very ingenius argument To prove
that the proclamation ought to De considered as the
clUse OF the election.
MIR. Morris (ChaiTiIan of the Committee Of Privi-
logps and ElectIons replied to MIR. l.. and stated
that if the proclamation the close OF he election,
and hat proclamation had not been made until the
succeeding court Monday ias,,) Mr.. Barbour had
been sitting three weeks lii the House, before the
election terminated. Mr.. NJ. argued to show
that the close Of the election was, when the officers
coneucng the election met 10 compare the polls and
that 1t could not without absurd consequences, be
dated from any other time: The law gave the S!er
IFS five days within which compare the polls and
make The return, and the only question in the case,
was when the time of twenty days began to run
whether from tho expiration al the five DAYS or from
the completion Of the election itself If from the
frss, Mr.. Davis was III time IN presenting his memo
rialf from the comparison Of The polls and the re-
turn, he was not "A tinc-and thinking the last the
proper period from which the twenty days to run,
the Committee had reported accordingly
Mr. Claiborne replied and Mr.. Morris rcjoincd
Mr.. Barbour then addressed the House at length,
IN close and eloquent argument i'll winch lie detail
cd the facts OF the clse-sacd that Mr.. Davis had
given him verbal notice of contest the 30tl and
written notice un the 3isi--startin- from either
OF which days, he was too late III presenting his
acknowledgement that the five days were
given tn the Sheriff period, within
which, the election BE- completed, but not
intended as standard Of time ftom which the 90 days
were TO run-dened the right oi the cOmtestng ncnl-
Der to claim lie benefit OF that construction, because
lie had given him notice the second day after the
return, thereby showing that he considered the cleo
ton as then closed, and reckoning from which notice,
he within the time prescribed by law. Nfr.
Barbour expressed the solemn conviction that lie had
been elected by the constitutional III both cleo
tons, declared that il he had thought and still
thought. he would not have taken, hold his
seat, and that il the contest to good and bad votes
was be entertained, the county OF Orange for
the time being would be virtually dsfranchised
from the mass Of evidence taken and be taken, 1t
could no: be terminated before the close Of tie
sion
mr.. Wltcher assailed tic conclusions of the Com
nitice on variety OF grounds, and concluded with
motion to recotnnlt, with instructions TO the Commit
tee 10 scFut.nZe the polls.
Mr., Davis (admIttcd the bar Of the House at the
Instance of MIR. Norris followed in recaptulaon of
the incidents OF the election, inviting scrutiny, upon
the assurance that he had majority of good votes
and complaining Of Tic injustice lie had suffered from
the High Sheriff.
NIr. Rives of Prince George, stated the reasons
which Influenced him to vote in favor of recommit-
ment HhIle at the time he thought that the e.
lection Colsuplated at the return, and that the
90 days ought to from that time. Mr.. H. thought
that the whole 90 days might be consumed III taking
evidence, and that some space ought to be allowed,
for the contes:ing member to reach the Metropolis
in confirmation OF which idea, he referred the act
prescribing the mode Of conducting the last October)
election.
Mr. Morris explained, that the &C. referred to by
the gentleman from Prince George referred eXclu-
svcly 10 the first elections under the new consitu
ton, III October last; whereas, the Orange election
was conducted under, and must be determined by the
general election laws.
Mr Marshall next addressed the House in favor of
the report OF the Committee, and argued with force
III favor Of tic adoption OF its resolutions. Mr.. NJ
admitted that the case of the contestiug candidate
might b., and probably was, hard one: But he law
was express explicitly barred his case; and he had
right to complain.
Mr.. Rivcs OF Prince George acknowledged that
lie n i'll surprising that the law of 1880 an.
Piled to this case Being convinced Of his error, he
took pleasure III Cunfessinn it.
MI GUUde to state u fact, that the Committee
Of Privileges and Elections namely, had decided that
the election closed not until the Proclamation. Mr.
Davis had regulated himself by that decision and
ought he to DC now deprived of Tie right of present
ing his memorial
MT owen OF iLOuuOun, said IL me TACT were o.
it would have material bearing upon his vote He
enquired of Mr.. Davis if III consequence of that de-
cisIon, he had failed to be in time?
MI ID. replied in the affirmative
Mr.. Barbour askedf the opinion of the Committee,
even If as stated and solemnly made to this House
was TO abrogatc the law Of the ands
Mr.. Morris stated what had passed in the
Commit ce-to the effect that in the first instance
the Committee had been of opinion that the Procla.
nation the close of the election--an opinion
Which it had subsequently changed.
The question was then put, and the report recon-
mtted, by the following vote:
Avrs-McssTs Banks, (Speaker,) Gimer, w Wood
Naysc. Lewc, I Anderson, SpuTlock, w Riyes Bur
foot, BroadGs wilson, Wright, Chichester Payne, Holland
Cas'lsman, King, Hail, Claiborne, Green, Easlcy Dunn
CarsNaGon, Leigh, Dyer Atkinson empc Lucas
Pollard. Leland EwaG, Hays, Powell w T + Mason
IondeXer, Street, Hudsin Newman Knox Coofe Watts
Ialinsssy, Preston, UFcma Garland, Blackwell, Adams
iliper NIchef, Swanson, T Miller linn Veuabc Shield
TYLER, Hart Whahon, Harris, Goodwin Aoncurc, Crump
Gillespie, hrCoy Newlon-G5
NoEs-Messrs Bayly, Terrill Booker, Nj Garland Ken
Icy, McCue, Campbell, Davis, Hensha.y, Miller {
Campbell, Gholson Shell, Christian Yaucey, Clay, Taylor
iaig5urOn Watkins, Bansbrougb, jones' James Marshall
Powell, Nj Mason w Wood, Perrin. Frskine Morris Sey
nour DAWSON, Summers Hone e Pollard, lawson Ca,d.
well, Vawera, CohoOn, Mclaughlin, Anderson Jacobs
BaZter, Eves, Moore, Lewis Klgorc, Williams Gate.
wood Hamilton Keller Jackson, Crockett, Maxwell NcFar-
land, Ruherloord-jj