Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-07

II was in ORDER he would move sbs,,,u,s for S.
luton reported by the Committee
Inc Speaker ssid that in order for the gentleman
dor him 10 vote upon IL. " "r'''
mr. Damfon then moved substitute for the resoiu.
o o. e Committee, that the notice no, having been e
ssy served and the memorial not having been
10 ne nonse within the time specified by law the latter
Mr. Watkins suggested that /, vouh he hotter n ,,,
me report on the table for DAYS The result of Tho
upon H. would probably be deprive the county Of
fghany oi representative for time. BIT he thought
80 we're many points embraced in this report which
ought To he ns,urey considered.
Mr. Ds'nron acceded TO the suggestion
Mr. Marshall said, the report had been for several
en- for its consideration o.
The House refused 10 Law Tho r.,o,, an n, ,.,,
Ayes Al, Noes So - 1890
Mr.. Marshall Observed that was not necessary to 90
nv sue'aen argument upon this case the report car
reo "e reasons Tor the decision OF the committee on IL.
ase. ms 10 the time at which the " as present.
co. "e statement of the gentleman was correct II that
,iI were strictly to be REGARDED. or to be con-
.n 'Pp"eso,e TO this par icular case. The session
commenced on the 81 OF December and the me of
. .onesung parties was presented the 18th, and il
ne intervening Sunday be struck out of the com
ph'auon' 1t would have been within the time Bu, tho
committee did not consider themselves IN ss,,Ie
~. question oi time he memorial had been sent TO
n W '"e Rouse, which made II mbs mt upon then,
10 ACT upon IT, The proper period for raising This ob;ec
% a; "heh the memorial presented TO the House
what w fa.o" o, referring Il to the committee. But
""s 'ne case when the facts established bv the me-
morai are taken into consideration The Cons,;t,,,o h
.u' a persons are not eligible seats in the Leesa
ure VINO hold lucrative Offices and this being The ground
oil nehgibi'y on which The gentlemans Sc AZ wa.
H. Vas competent to any member move an nvestga
PEELED from the House what dersnra ne WOMB oe en-
wheher this subject brouph before tic n . DC
Inc. ,. or. motion! might be some Of The ne-
nat Tue a'ter could be done; but il was wel es, alb.
shed right OF any member move for the
esa'e NOT eligible TO seat. of the kind occurred
s% ~, IN which member from Matthews was
,S VIC supect oil such procedure. Ii was not known
' late In the session that the grounds of isouai6c o
oAseu against him; motion then made an inquiry
osue"' ana the member lost his seat Ii was moi The d.
", therefore, OF the committee TO pause in this nvesica
WI, vi me mere question OF formaiy; but thev were
authorized to examine the gist of the matter A. M Oh
naa oeeh offered to the opinions Of the committee
was not therefore necessary for him to sustain their de-
MIR. Damron had not moved bis s,hs,;,,,. ,-,,,
any "isresPeetnl feeling towards the committee Tbev
hau me power 10 examine nnutey all te.mo,y
nd ,, III 70 men, which the House could not do
h VIC Iouse had great confidence in the opinions of
me committee But this case being one in ,yhih
.h, .'"ee report was made up of opinions upon
abstract questions their decision was therefore NOT ,vorv
oil such implicit confidence, in case. where ,hcir ,
was SIMPLY TO report upon facts This as bv no
a uar ease. ~ was matter Of great doubt whether
eher Of me Offices, the holding Of which, i'm The oninon
OF me Committee, create inelgibiiy, are in reality en-
orseeo oy me Constitution in its reference TO ucrave
oecs. bu'' MIR. d. was here by the vote of his couu
w. and he believed himself entitled ,o n sea, -. nc
Tered from the Chairman of the Committee as to the rish
o. any member to call up this subject by a motion The
oy me,hod Of contesting elections was pointed ont INV
'he election law: this complain, differed in no wis. from
any Other complaint, and must be made as nre h
the law Perhaps proper to have raised The
ton before the committee to the want of form ai,y -; H.
presentation oil the memorial. But il was comne,sn, ~
.Se '.e ooJechon now before the House. Had been
shewn that an individual made his offices
10 indnce his election the question would have hen .
9"'ereht one But IL was evident, that he MIR 4; \
wo,e, r sen. mere ny large majority of the good
,oeiS OF Anrghany; and as il matter of Urea,
oo"o' whether the objections raised by the commit
zee were valid whether these Offices were embraced hv
the Constitution, he thought the uformaIiiv no has
shewn 10 exist ought to he taken i'm lis favor We.
the members Of the Legislature dsposed 10 strain n,
G "," OF his sea'' II they regarded the voice
ue people, he presumed they would gay some regard
70 the wishes OF large majority of the voters of hi.
eoun'y-'en should these opinions OF the committee an
pear uouotui he trusted he should be sustained WHO
was TO be injured by his holding his seai Nobodv T%
majority oil his fellow citizens ere in favor nj his
manng' while he had been sssaed by the me mortal OF
lew ihurated individuals. He thought he ought n he
enh'ed 10 The benefit Of the Limitation of the law under
an 'hesc circumstances. In all laws there were Ini,a
tons' here must be stopping place and in mi.
respect il was highly proper thar there sbonId no ~
ROD alter which complaints should not be received in
der mat members should not be hanassed the
session He had doubt that the election law embr,ceJ
this case as we'll as all Others and that the mi,a,io =;
na' law covered this description of contests He hoped
,h, no wou'd no. permit mere moria saiing
nat ne hed these offices, to has herinnds as though
,hey mad set forth catalogue OF crimes ag amt him To
nun Tie case appeared clear any under Heaven: and
ne was convinced that this IT emoris oue t TO he die
missed Ii was NOT necessary for him TO 90 into an oro
meh upon the question whether the OH ces held nv lii,
were embraced I'm the Constitution not He hoped
some gentleman more competent would sneak upon ,ha,
point. r "i "'a'
MIR. Marshall trusted lie should be pardoned for ,res
passing on me House again. The gentleman from Ala
H"any hau alluded TO the influence Of the committee nm
on the opinions OF the House Mr.. NJ should he v.rv
unwhg 10 press this subject merely report of the
committee oil which he chairnian-neither wouLI h.
press II IN regard TO the gentleman mse-for he assnr
eu he gentleman il was disagree able duty which he was
ca'eu on 10 perform. But important consi,u,ion.I
question was involved In this rase, and il was his duv
as lar as MS efforts could effect this object to see that HE
terms OF The Constitution should he violated lie e
wnat he mad said before that in where want
oil cigoiiiy was the ground Of objection 10 returned
candidate 1t proper for any member to obtain AN in
vesugauon oil the case by motion. A marked disinc
"oh was drawn between an individual who did mt ms
sess certain qualifications, and who was disqualified
oy any o The causes detailed in the Constitution "a rem
aeng MN ineligible The necessary qusIifc atoms for
holding seat in the Legislature were various and II
an election were contested under the clause (which A.
nj here rcad) setting forth those quail ii would moi
De because he was ineligible; but bee did M, noe
sess some requisite qualification. In that case notice
wouu De required setting forth the ground on which the
eecnon was TO be contestrd for instance that The re
termed member was not 20 years Of ageibat he had moi
aHeehoii, mat he was not resident in the COUNTY &c
But II was widely different in the case of person VIC
was dsquaihed by the Constitution. Ie was orecuded
from seat by the fact OF his peculiar s,uaon Tbe
constitution says, that no individual holding lucrative Of
nee shall be capable Of holding seat in the LepisIa
'ure. we hear nothing in such cases of notice being
required because II is not necessary The establishment
OF the fact pTecludes the individual from his seat Tbs
cases OF person wanting certain and NJ ono
consuionay disqualified distinct ca e.. and hence
no want OF formay which might be insisted ON in the
Ioner can be urged in The latter The two things were
iecty reconeileabe. The present case was one in which
me indvidua was declared spable ses and
was perfectly competent any member to move that he
4 And nj hat