Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-08
VIRGINIA LEGISLATURE.
HOUSE OF DELEGaTES.
CULPEPER ELECTION.
MoNpAy's DEpArE-Conelu

CULPEPER ELECTION.
MoNpAY's DEpArE- Concluded.
Dir. Goode then moved strike out the last clause Of
his resolution, leaving It as follows:
RESOLVED, That the report of the Committee of Privi
eges and Elections on the contested election frem the
county of Culpeper, be recommed, and that the said
committee be instructed TO enquire into the legality Of
the mode Of conducting and closing the election the
several places Of election in the said county Of Culpep
er.-That they enquire whether any Irregularities pre-
vailed, and any whether those irregularities affected
the general result Of TIE election.
Mr. Gibson said II was with great delicacy that he
tresPassed upon the House again. But he could not
have imagined that facts which not connected with
this case to be brought forward to have their
effect upon It, He would therefore explain some of the
statements oil the gentleman who had last spoken. Ii
appeared that the House not only to hear denco
that had no bearing upon the question: but that they
to be told OF facts which might be proved Why were
these statements made, II they not TO have their
elect upon the sympathies Of the House! The gentle
man had said that the Irregularities at the Washington
and Cartwright precincts had operated against him. He,
Mr 81 did not see the testimony this point until he
arrived here But II would shew beyond dispute that
those Irregularities at the Cartwright precinct
that gentleman's advantage. The sitting member and
Mr. Pendleton received all the votes there, with the
exception Of few-comparativey speaking, Mr.. G..
received none there. There not a single bad vote
given to him at that place.
II Dir. PeRdleton received So votes there, and MIR.
g. but few, could he complain that the irregular
duct oil the officers injured hims The geneman's
mory seemed very good, he gave the exact number
OF the votes. He said that SO were given to the sitting
member, and 60 TO himself and he mentioned the
OF the surplus three, and declared them good votes
But he (1r. G) had reduced the number of the sitting
members votes; and the gentleman did not tell the
House whether any of those struck off the sitting
bers POLL were not the voters who voted for him.
And IL the facts examined il would be found that
the votes OF those two gentlemen the same, with
the exception Of the three alluded The gentleman
had said, that he had received no written notice that
man had made ausion to this subject. For he could
not have forgotten that he present when the Clerk
was copying the notice for him. when he stated that he
did not want it. Did ii not appear then, that he him
self, was the means OF preventing his receiving the
notice. which he did receive the 26th. Why, then,
was there this mental reservation, when he made the
statement in newspaper and before the House'
Mr.. Pendleon interrupted the gentleman TO say.
that il he did not before state he would state that
the notice given him In due time. He said be-
fore the committee, and he repeated Il.
Mr.. Gibson resumed. The declaration Of the gen.
eman was sufficient; but he sorry the subject bad
been alluded to- But again--as TO the taxpayers Of
1880 being the only voters It in itself very rat
onal to suppose. that those who had paid the Of
1880, had also paid those of 1929 He (Mr. G)
had testimony TO shew that every OF the voters
Washington; besides many new voters. had paid the
taxes oil both years. IT, therefore, there any ire
gularity, was he not benefited by it. If Mr.. G.
to address the House, and complain OF injury from
never had heard of being allowed complain of
Irregularities which had operated for his advantage
Az those places, where the sitting member and Mr..
Pendcton had all the votes these irregularities occur
red And no such irregularities had Occurred at those
places, where he (Mr Co. had the largest number
Could this be good argument for triaR II had
not appeared that loDg the sitting member could
hold his seat he had fit complain of those ire
gulariies But when he saw that he was likely TO lose
his seat he perceived very easily that the election
Illegal Had he been sustained, the whole would have
been passed over, as though he sailing
mer sea- Hes however, did not believe, that the sitting
member and MIR. Pendleton could vitata the election
They might have the strength of Sampson; but he did
not believe they had the power, like Sampson, TO in
volve others in their own ruin. The gentleman also
stated that he had not time, from the date which the
Sher gave the return, to give the notice prescribed
by law. why, II this was the case had he (Mr. Glib
sony time for that purpose. But he wished be allow
ed to refer to written statement in the Cupeper Ca
zete, which emanated from that gentleman. mfr. G.
here read an article from the Culpeper Gazette, in
which Mr. PeDdlefon, in letter TO the Editor, declared
his REIMBURSEMENT of his claim in the House OF
Delegates, stating the for that determination
Mr. u. said he had called the attention of the House
to this statement in order TO shew the why he
waived the contest and that his claim had been entire
ly reIinquished. But now, when he how the
test was likely to turn OUT he into the field again.
and renews the claim he had before given up. The
gentleman had argued that notice necessary in
such cases, on the ground that clergyman had been
turned out OF the House. But he did consider that
clergyman had no right to be elected He was con.
stitutiouay excluded. Mr. G. had not thought it no
cessary TO lay any stress the question of the
ing OF the commissioners because he believed il had
been settled in the Patrick case. The strongest re-
marks he had heard against that decision those of
the gentleman from Henrico. But when he compared
N r. ti.s
could not the force ofhe parallel But he thought the
distinction drawn between officers, whose duties were
continuing, and those who temporarily employed,
was good one. He could suppose, that if a commits
sioner TO attend the drawing OF lottery whose duty
was merely for few hours, might act without being
sworn, the effects Of such permission would be very
pernicousand he considered the duty Of the commits
sioners OF elections to stand the footing. The
gentleman who last spoke had attempted liken this
case TO the Orange He supposed the gentleman
had not read the notice of Governor Barbour which
the first notice in the CASE and il stated the grounds
on which the contest was grounded, TO be the various
modes of taking the votes in the different precincts
But was there any thing relating to the precincts Ia
Mr. Gs notice TO the sitting member. He knew nothing
in relation to them until he arrived here; and was not
prepared to contest the election that ground How
then could he defend himself against the statements
made by the gentleman, and his testimony that head
Ii stated that the sitting member present when
one OF the adavits read; but the interest OF that
gentleman and MIR G. were not the same. Nor had
he any preference between the gentlemen. Ue came
here TO speak for the rights Of his constituents and him
self and he not particular TO what member
turned out; did he wish to occupy the seat, IL he
had not been fairly elected to the geneinan's
cocs he stated the cause why the poll closed In
precinct, to have BEEN high ,0dters And had not
the deputy sheriff good cause for clos ng them And
did not operate severely against Mr. g. instead OF Mr.
Pendleon that the polls closed the third day'
As 10 the votes Of which Mr.. c. had given list to both
there is Of the illegaly of which he could moi
avail himself In the OF the sitting member, because
not noticed in time; but the whole Of tho list would ap
ply to Pendetons poll, as in regard to him the notice
was legal Therefore, his poll, on eA animation would
be more reduced than that OF the sitting member He
concluded by some further arguments to shew that this
and the Orange case were not parallel cases.
Mr. Broadus said that at first he had supposed that he
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