Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-07-17


contest which can at any time he abandoned by the
contestant. Ali the rights, in such case orc merged
in and depend upon the right 10 resign, just rs much
as they would a be controlled by death will not 60
nj ,,e into this branch Of the subject The Doctor
saws speaking Of my for reslGnng, l his are
however satisfactory to his friends why BE-
satisfactory to the people, then Is he right and wrong
Yet he will no, allow the people chance OF deciding,
of saving who is right and who is wrong by lhci- votes
If he will do this let them decide they mny shall
be satisfied The Doctor is mistaken altogether, II he
supposes made any threat IN The conclusion OF my let
ter hat he will be dismissed At The door OF the senate
used no such lauguagel only stated, that nader all
the circumstances Of this case had no doubt but the
Senate would send il back The people, if the Governor
refused to issue n writ He is also mistaken III sunpos
ing he ever heard speak Of Mr. liooe for his gann
bearing on the Expunging Resolution have said IN
some Of nv stump speeches. that there was but one IN
dividual of the Administration pary who went with me
on that question: and that was Mr. Miller OF Boetnut.
| hive however had occasion TO compliment Mr.. llooe
for other things. The Of the King George election
ia case pre- cisely in point The Governor had TO more
right to issue writ that case than he has in this.
His right TO do both is, in my opinion very clear Mr..
Uone and Mr. Taylne could not make an agreement to
be valid Mr. Hooe resigned, as he had right to do
hut according the opinion Of the Attorney General,
no writ could issue until the time for giving notice was
lost (say fifteen days in that casey the rights OF the
copieslinu party being affected by resignation within
that time because according 10 tie opinion before a!ud
ed TO- the election Of the returned member is not per-
teCtpu IoSt'i
lowing language: "That prevented the issue of wit
Of election in any other way than by stating the facts
merely for the purpose Of information, is not true In
his letter OF The 9th Of june he has the following Ian
auage chad he, therefore, (meaning ne) in his Oil.
ca note Of resignation apprized you, that the validity
of his right To in The Senate, which he resigns
was duly and legally contested by me, OF which he had
full knowledge there could have been no occasion for
my communicating that fact to your ExceiIency which
| now do In the absence Of snch information, the line
dutv u1oSt
cancy happening during the recess OF the Legislature
writ for new election would Of course issue to supply
such vacancy Now ask, what other construction can
be put upon the foregoing clause than that he gave IN
this letter of the 9Th OF June, the first information TO the
Governor Of the contest, aud without 1t The writ would
have issued. In commenting on IT, used the follow
Ing language in my reply of the 18Th Of June. One
would infer from this clause in The Doctors letter.
that his timely nHrpos'ion prevented the issue OF
wri, of election" 1t liable to this critclsn' De-
cause knew it did no, give the Governor the Fst n'or
ma,on of the contest His letter, dated the O!n Jnne'
at home and published in The Enquire OF The lS,n June
n Give The frs, information 10 the Governor IN case
IN which he had before that time, taken Tue opinion ot
the law office. of the State To remove all doubt on