Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-09-11

amP!on, but not to the Senatorial District of Brunswick
Dinwidde and Greensvil!e? IT, in cases, the law
operated harshy, that may be good argumen, TO ad
Dress to the for its repeal modification but
surely 1t cannot justify the Executive to dispense with
its execution.
But, Sir, is not there vacancy in this case? shall
ask you to turn the pages Of the Lexicon for the
meaning Of this word appeal 10 common sense aud
common use pacdn, is used in conradislincon fill,
or tlsd The law speaks Of filing racances. An Office
not hec IS vacant. The law knows but kind of
vacancy There are grades in il. vacancy is not
arbitrary or partial 1t cannot exist for purposes
and not Tor all If il exist al all, it is complete The
law contemplaes no imperfect in,eme date Is
the seat OF Senator for this District filed vacant, By
the Constitution, the Senate consists of 80 members
go TO the Senate Chamber the first Monday in Janu
airy next and find 81 Senators in their seats tansac,ng
the business Of the Senate. One seat is vacant No
Senator from the Brunswick District is in his place
ASA why Is This seat vacant and these people not repre-
scented? Shall be told there il. no vacancy when see
before me the vacant seaH Shall be told there is no
vacancy, when no person fills, person can g'HyH,
the seat for this District Unless forget the acknow.
LEGGED meaning of plain words, unless dlscredit The
evidence of my senses, must believe there exists
a vacancy in this case
Again: What has happened once, may happen again
One member Of the General Assembly has resigned and
all may resign Let me suppose, as may fairly suppose
for illustration, tina: majority Of the House Of Dele
gates resi- On under circumstances exactly the same
have occurred in Col. MaIlorys case. You think no
vacancies have occurred which You ought to fill and
Issue no wills oil election ne tlflP ioT The meet
ing of The General Assembly arrives The roll Of the
House Of Delegates is called OF the l3I members, 81
only present: Go seals being vacant. | ask you
is be done? You have failed fill these seats
though the vacancies occurred by resignation during
the of the General Assembly The House do
nothing, for there is no quorum, and without ma GRITTY
the House neither organise ITSELF nor transact bust
Ii is clear, therefore, that the House cannot
Ger wr,s OF election to fill lis vacancies Ii is clear
that the petitioners who contest take seats; for
they first prove TO The House their right, and
there is quorum to consider their claims. ! again
ask the question whal is 10 be dnne Is the Govern
be broken up; Such mght be the result Of this
construction of your duty, and that construction be
right which might lead 10 results so overwhelming and
disastrous: No, Sir, this construction Of your duty
cannot be right. II to prevent The possible
of this state Of things it full houses
and full and complete representation Of the people,
when the General Assembly met, that sou empow-
cred and required TO ill all vacancies which by
death and resignation during the recess Of the General
Assembly.
Further In relation 10 The contest which Dr. Scot, is
said to be cutng, allow To suggest, as do most
respectfully. the following considerations TO you. Is il
not plain, that you cannot officially know any thing
about this contest: have read the Constitution and
the Law carefully, and power given. you 10
decide on, to consider, 10 take notice Of contested
elections see provision which modlfies changes.
affects in any way your duties, by such contests.
mode designated Of your getting official informa
lion Of them when they viii you rel the
reports of partisan newspapers, the current Of
the day. the private letters Of private gentleman :
Do you file Information Of this sort among the Execu
tive archives: And does it properly and legally
pose part Of the record? And without the right to
vcstiga,e, to examine decide contested elections
do you permit your pirate belief suspicion Of their
existence to shape: cunlro arrest your official ac
ton
| said, neither the Constitution nor the Law gave you
any authority contested elections. They 90 fur.
Their: They nhibit you from interfering with them -
BY the Constitution, leach House Of the General As
semby shall Judge of the election Of lis members. and
the Legislative, Executive and Judiciary departments,
shall be separate and distinct that neither exercise the
powers properly belonging TO either of the others And
by the law each House shall Judge Of and decide all
tests arising under the election of its members What
had weight with legislators, whe er jealousy
Of Executive power belief that these matters could
not fairly within your Executive duty, sedu.
lous and manifest desire 10 keep the Legislative branch
distinct from, and independent Of the Executive branch
Of the Government II is now useless to inquire. Ii is
sufficient know the fact that the power decide
tested elections is expressly conferred each House,
respectively In this case the Senate has plenary pow
el the whole matter, and the conclusion is neva.
bic, that the Executive has power any part Of it.
But admit. argunentativey, that this contest is pro-
pery and officially known 20 you, allow me to suggest
that your issuing writ Of election in wise affect
DR.. Scu,ts rights Your action can neither impair nor
establish his right 20 seat in the Senate If you act
on the suppnslion that he is entitled 10 the seat the Sc
nate may decide that he had no just claim 10 It If you
act as he not entitled 10 Ii, the Senate may de-
will be wholly independent Of you. Your opinions and
your acts will weigh nothing with The Senate II you
act this as think you ought, IN utter disregard
and official ignorance of Dr. Scott claims, he suffers
nothing for the Senate will protect him in his rights
If Dr. Scott satisfy the Senate by contest pros.cut
ed according 10 law, that, under the election OF last
Spring he entitled seat, your writ Of election will
clearly be obstacle in his way If he fails 10 make
good his claim then your writ is good and the people
fully represented In the you do harm, for
Dr. Scott can assert his rights before the Senate, with
any prejudice from y-ur action In the other case
you accomplish great public good by securing full
presentation Of the people in the Legislature In no
supposabie contingency you harm any one for the
Senate will consider the whole and decide II accord
ing 10 the principles of law and justice.
hluch of the embarrassment, which has been thrown
around this matter, has arisen cpPrchend from con-
founding your duties with those of the Senate. You
have control the subject; the Senate has COM
ple,e control You are not the guardian of Dr. SCOTS
rights; their protection belongs 10 the Senate AS soon
as YOU assume control over this matter; SOM as you
interfere with il ard suffer your official acts 10 be GO
verned By your notion OF this contest your difficulties
begin As you transgcss the limits OF your lu'
rsdction you tossed on an ocean OF ditIculies,
which your bark never intended 10 navigate. Sup.
pose you decide 10 issue writ of election and the
case goes before the Senate as stands The Senate de-
cdes that vacancy has occurred by Col Mailorys re-
suna,ion which you should have filed Would you
issue a writ. Would it not be undignfed and humI.
lia,;ne 10 have your duties expounded by ordinate
branch Would you then proceed to fill the vacancy
If you did not, would the Senate have the right, the
vacancy having occurred during The recess'
Perhaps the cnntes, commenced by Dr. Scott is not
carried on bona fde and earnest Perhaps it is not
prosecuted according TO law. Perhaps The notice was
not in time; perhaps it not in writing or i, mag be
informal in other respects. If the whole contest is
void An illegal notice is notice. Perhaps the con
les, is abandoned Whose duty is it to inform you OF
il: Perhaps Dr.. Scott may remove from The Slate, or
NAV fgh, duel or NAV die before The meeting Of the
General Assembly What Them Would you order a
wri, of election And whose and what information?
For uught you know, DR.. Scot, may not be qualified
TO hold seat in the Senate. lie may not be citizen,
or freeholder or q resident Of the district 80 years
of oge He may be judge under the State or Posmas
ter under the Federal Government He may labor I'M
der some other disqualification. o. if qualified, he may