Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-06

nu. oe DAYS 70 give notice after the compaeoo Of the
rolls by the Sheriff. instead Of is days Tor the
aking otestmoDy instead OF tcenty And was |. 10 be
maintsned that NJ Pende elton wa. not ouire 70 com
ply with the law in order entie him con,e. either
win Hansbrough or Gibson! III this were 60 decided
no member could take his seat In this House without
oeng liable TO he sent hack TO the people, any ap.
pneaon, legally OF illegally made. But Il had been
said mat the Orange case presented different DE- session
% similar iaes--ss also the from the county Of
leu''eo But these We're enormous supposons-As
10 he orange Election legal notice hsd been given by
me conesing candidate and evidence had been taken
on no'h sides-snd that then M for the
c1nsnera'ion oil Mr.. Pendletons memorial, present.
e" Without any notice or evidence at sf They had
excluded Inc testimony because the casey the
contrary tf that from Orange And % to the eligi.
h. -, soe memoer from hsnreo, the COMMITTEES bad
zee" informed That evidence would be presented, which
was admitted by the sitting member The committee
therefore, had not con-idered of three on
uinereht principles from thcs. which they settled
the thrd.-They were not called inquire into Mr..
fendetoo's case because he looked upon by them
as quorum non judiec and the principle, II SEEM
ed 70 him, ought TO operate the house.
Mr Leigh rose without any intention OF entering In.
70 h's dcuson but TO say that he should suppose tho
permission given the conteetng member yesterday, to
appear az Tie bar, oueh, 20 be ,xiended 10 allow
MIN TO he heard all points in which he was interest
ed. The permission granted.
Mr. Anderson OF b. moved that the same privilege
be extended to Mr.. p ndle,on.
Mr. Marshall said that he had we'd yes erday, for
the permission granted Mr. Gibson, and had also offered
cined.
Mr. yes of c . had also offered 10 make the motion
IN behalf OF Mr. Pendeton, bv he did not wish II.
Mr.. Morris hoped tn It the privilege would be granite
co. aud u was not accepted harm wtnld be done.
MT Broadus expressed hope that the privilege
you'd be extended and that 1t would be awaited OF by
Mr PsndIeton. The motion agreed TO.
Mr Gibson. in ri.ing, expressed his acknowledge
ments to the House, for ths bealty extended to him.
he did not anticipate that he should add much the
learning which would be brought bear on this sub
Jest' The proposition now betore the House, seemed
20 he kind Of application for trial, a continu-
anee OF trial before Of justice Aud Ia either
case IL was proper that the tribunal should know thu
ground on which new trial was TO he granted. Hs
hoped that the ccum',ancss would address is, to tho
good sense OF the House. The propo,ion Of the gem
ueman from Mecklenburg, assumed that time had not
been given to the sitting member or Mr. PeDdlson, 10
sate,--and he called the committee to sustain his
statemeht-that, when the sitting ember had COM
planned to him that he had several witnesses whose
amDations he had not time take, Mr. G. declared that
he might 90 on and examine whatever witnesses he
wished; and although the time was out, he (Mr. CD
would give him permission under his band. and
admit the testimony obtained. Could tho House
then decide that h, si ould have further time,
when he had refused to make use # further time,
30 frankly offered him! When the continuance of d
uh was asked, the general grounds for lis dance
were, because justice could no, be done without il.
But the person who asked the indulgence, must have
used common diligence He must have done what
was in his power TO expedite the eur: This was the
rule 10 judicial proceedings and ii seemed fair
or This House Suppose the result to be- hat the par
Ties are sent home under these circumstances, what
would be the practice in such cases hereafter! Why
the sitting memt err whenever his election cGntests
ed would State that he had fur her evidence at home
and apply Tor further time TO take testimony, which
would be sent him. Would not the power to do this,
drea the con,esting candidat-' Where Is the sitting
member during This perod' Enjoyig his seat, and
ceiviag the pay of a mel bei Wife the conte sting
party was on his own expense. These very circum-
stances would, in most Instances, en,ifey defeat the
con'e-tor, withost giving MIN any thing like equal
chance with his adversary. On what earthly ground
oil justice could the sitting ak this ccnnuancel
Mr. EPpes rose TO explain. He had not made the
motion with the knowledge Of the sitting
member Of any other person. And he here thought
proper to state that he had scarcely permitted either
OF the parties TO speak to him. So that he had kind
OF leaning to the the other
Mr.. Gibson resumed He did not intend to imply
that either the gentleman from Sussex Meckenburg
had the slightest bias in this question. They were but
doing their duty and he had merely intended to give
detail OF facts which they probably did know
SO much for the claim of the sitting member TO a COLI
tinuance. But who asks for further time! John H.
Pendleton-And why, il the continuance granted.
was 1t to apply only TO the sitting member, Mr.. PEN
dIston and HIMSELF Why not to the whole election'
member from Culpeper' 1t true that no notices
had been given to those individuals that their seats
would he contested. But il equally true that MIR,
Pendeton had given no notice that he should contest
the election. If the memorial 10 be looked at as
sufficient without notice, then the whole election
must be vacated The law provided that notice should
be given FIVE days after the sheriff should have summed
up the several polls, and that it should the grounds
on which the election would be contested. But il the
principle now advanced were TO be supported, there
would be no necessity for notice. Was 1t not evil
dent that evils and injustice of great magnitude would
grow out OF it, A confession might then, should
he give notice, keep back the facts which he in.
tended TO contest, dePrving the sitting member
the knowledge necessary TO meet the memorialist
While the latter could take the opportunity Of ex
aiming testimony in secret, which his opponent
would have no means Of rebung, when the question
came teore the legislature. lie mentioned this To-
shew the effects Of setting aside the equsition in re-
aton to notices. which the law required oud DC Oil
in the county, where Information was 10 be obtain
ed, and ia time to allow its collection IL the contrary
were established, the advantage would be enreIv
given 10 the rich MARI and DOR man would not he abic
to.compeie with him The former would inentionao
wait until the parties arrived Richmond and then he
would propose that they should go back and take tes
mony. This surely would operate most uniusny IL
was not only illegal but unreasonable The original
question did not come into The present proposition. I'm
the case Of himself and the sitting member. they had
Joined issue on the question of illegal But Pen.
dleton had interest in the contest. In saying this
he only used the authority of that gentleman's words
before the committee. lie there came out, and with
drew his claim, at he advice of The returned member
who had supported him largely. He alluded 10 these
facts H. proof that Pendieon had no claim 10 firtber
time TO obtain evidence; and a 10 the sitting rnember
time had been offered him, and he would moi accent ~
lie could not see, therefore, on what ground tbe pro
position stood. The member from Mecklenburgb had
stated that the polls in the different precincts closed NJ
different times. But that certainly did not re Dder the
election void. The Deputy Sherifs at the precinct
elections had all the power Of the High Shorthand IL
might be necessary to close the polls at Of the
precincts at earlier period than at others. Theirs
might be evil intent In itand In fact no psactcaln
jury. In large counties there frequently rain In
create the difference IN the time OF closing the noIls
Tn. Sheriff wa fhe iudon 81 Al.