Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-09-11
FOX TIE E.fQC7RER.
DAVID CAMPBELL, Esq,

- GorernVr Of pirgiaia :
Van will find il difficult, it is said, to decide
20. vacancy. calling for Executive action, has
-; N the Senatorial District composed Of the
'''. ,: Brunswick, Dinwidde and Greensvillp IL
stood tina, Col. James b Mallory the returned
H,,, ms forwarded his resignation to you. II is
' t,-.,,od that DR. Edward Z. Scott, his oppnnent
.. ,',, ou before the people, contests the election
49,, Nl.p.v aud that you in some way have learned
rars Of this contest. la this state Of things, it
you Doubt whether such vacancy as requires
., l.sae ~It "i eecleh, has occurred by The re.
,,..oi Col Mallory
= .n Ir-gs, always act with becoming Difference
I -, constituted authorities Of my State and feel
w. s,sc-, in adding that entertain for your Off.
5,-,,,rr 10 ordinary respect. But regarding YOU
declared be in the Bill! of Rights as 'ihe
$500 and servant Of the people, and al all times anne.
i. +, lbrrY:" regarding your official acts pablo
49,, common all, and involving in their various
To-. md .F-cs the dearest interests Of all the people
.,,.s Commonwealth, feel no hesitation 10 the
Land ,r,a,Iety e the course pursue on this coca.
In crl.aay c1s.s, silence might be only most
.,.c,rlL BIZ, most P1oper-and |, in common with
-. should witness IN silence the progressed Execu
800 c,n trusting 20 time, and TO future and more de-
ale naliun the correction Of errors that
In, Occur Bu, this Is case of no common interest
~ d. c.on of sircis the dearest and mos, nestirna
\. ;,a. Of the people Ours is a representative Co
3 ,-nen and fair and faithful representation Of the
n vii. the lie blood OF lis existence Ours
. popular Government, and the people from whom it
7ra,ys and who sustain and uphold it, those on
nom the decisions OF its magistrates operate The
.'nuoN o. the State is the guide of action, both for
people and their magistrates OF the rights secured
- peape hg that charter, none important SO
.,ed n.s,imabe, the right of choosing their
r.-a'a..ve$. who 10 make these laws: and of The
GU. required of the magistrates, is so delicate
Important, responsible, the duty Of carrying
.a5 faithful execution the acquisitions Of the Constu
ia n relation popular elections. The great object
g. nc Constitution The without which all lis pro-
worihless-the one that is most anxiousy
.ei And occupies the most prominent place in thai
,cu-nt. the full and faithful representation of the
/ ,a-ge in The General Assembly of the Sta,e and 10
ga aa ,c: The attention and iabors Of our agisraes
,rlt - aost steadily and earnestly directed. Give
Gars. and faithful representatives., and we are pei
re- sac and the hecIthful and purifying influence Of
- -gsaiVe branch, will be found to pervade the
1 g.s.- action OF our Government. Hence we see the
m!..sst ard paramount importance Of full and faith
g. ,chl'gr oi your duties in relation TO the election
ass Of the State Much is conided 10 you as the Go.
ss.r, o. the Sa,e-and ii confded YOU, bece use
j 5sieved that in your hands IT would be safe. !
d!s,'us your decision in this case, for hope and
That will be accordance with the provisions
agr Constitution and the laws Of the State. and will
,.Ein The rights and interests Of The people. But as
ia lOWb | have presumed 10 address thoughts TO
w considera,on-cnd hope you will attribute the
y take no! TO an idle vanity presumption but 10
.. :eep anxiety which voter Of the State and
s,aly of this district feel that yOur decision should
yhi. as am sure, IL vii! be honest
You derive your power TO act in this case in the first
.e from the Constitution OF the Stale Speaking of
T.. legislature the Constitution in the 9th section Of
% article provides that "each house shall choose its
lr1 Speaker, appoint its officers settle its own
re. Of proceeding, and direct ws of election for sup
r,.Hg Intermediate vacancies But # raeaneies shall
by death or resignation, during tte Of the
Gn,rs .lsSrby such ,crs may be ISSUED By the GOrR
prGr such r,cuaitOns may be prescribed By aao-
s,a house shall Judge of the election, qualification
-! clG:as Of lis members
Your and immediate authority is the act concern
II n
~ ~ April ISL al the first session of the General As
snoy, held a5r the adoption Of the ame nded Cons,.
g,Ion b. the 2Sth section of that law, it is provided
aar. "For election Of Senator Delegate, when a
.rancr shalt occur 81 csath resignation during the
css Of the General Assembly, wri, or wrts shall be
'a Ly the G"rsrEo5; and in all other Of vacan
g. such "rt or wits shs!! be issued by the Speaker Of
"a, house whereof he member
beg you. Sir, 10 mark the phraseology Of the two
aa.,:oHs which have made and The change of expires
\ mace by the General Assembly. What was IN the
Constitution merely permissye, such w'Its may be is
I'D o. the Governor. ha. been made s,erny impe.a
y operation OF the law; which plainly and positive
-nons that "a wr!, writs shall be issued by the Co
r''aof No other expression pointed so express so
:,sve, mandatory, plainly indicating your duty
ssuiy requiring It's unconditional discharge, CON-
say Withholding all discretion from you, can he found
81 ne English language. No art can weaken the force
the c-arness Of this law, cast doubt over IT'S
'''sIons It is simple /, is short, it is plain 10 every
1 !l::r5ndng.
A
59 OF vacancy, the one occurring by the DEATH
- yl-r bv the resignation OF the returned member
rs'' you the power to fill, vet in any such cases
rs22ncy is your duty 10 order writs ct election -
IL 'epecuve houses Of the General Assembly cannot
" o-car- hey are not IN session. and the law has wise
a--slcr with power TrIts of election 10
',ch vacancies Whenever either event occurs, that
Il = re c.aih OF resignation OF member during the re-
:s Of the Genoa assembly, produces such
n = as II Is yoJr: -h and duty FILL BY the Law, death
' resignation ar placed the same footing, and Ell
necessarily causesa vacancy which you should
"A r. Tie DEAN "f member in the case deprves
RI OF his ".ce together with his life; in the other case
member voluntarily Yields up and resigns his Office
Eh event places II out of his power to take his seat
~ -'cna'g" The duties of tie oicc Of which he is thus
''''c and ~hen The fact Of death resignation is Of
tS'a'g made known 10 you huulbly conceive it your
JUS Guy 10 III such vacancy IN reasonable time.
n lie oasci OF the law in requiring you to fill vacan-
- Nhch occur by death and resignation during the re-
IS OF III" General Assembly, is too obvious TO be mis-
''n It's that all the seats Of all the members of both
' may be hieo so that all the people OF the Com
4''a"rs'h shall be fully represented when the General
1'f""'y coa"encs Whether the returned members
" continue 10 hold their seats mus, be decided by each
Respectively tor each house Judges OF the election,
ti'. @c4Nnn trt returns Of lis members When you
'eO proper measures 10 fl! all the vacancies which
o,r 's' by death or resignation during the recess
' utnrf'! Assembly. go that all the people are re.
yr"s0' "hen the Legislature convenes, you have dis
Il % Se0 your GUY, but not TILL then.
"'' ''en supposed, however that the case Of Col.
l"I,! resignation, taken in connection with the
so. VI SCOT presents and difficult questions for
- 0ec'cn Let look little at these supposed diff
IA UPS and hope you will bear With me, while ask
y attention TO wha, say; for, | assure you, Sir, |
n y, n9'h.ng but truth ard justice.
u N.- Mallory being the returned member for this Sc
'', District, has resigned his office. say, has re-
.d hs osice; for. take it for grated he had per-
"a On; 10 resign, aud act Of any else pre-
"a " h1s 'ssnalion le informs you of his esgnaon,
"sn- &c you, presume, the return of the sworn Of
~ ' o. lie law. showing his right to seat in the Sc
n which right he resigns into your hands, that you
a.: 2'ocest 70 I'll the vacancy By these proceedings,
-.rs Official information of two fac,sThe fret is,
mi. Mallory declared by the proper officers to be
a :'a 10 the Senate from this district; and, by
Il ,,gr men 'e'nrn is daily entitled to seat in that
H. 20" other fact is. that Col Mallory has resigned