Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1838-06-20

1 A NEw QuEsrioS.- We stated In our paper
week or two back. that Col. Mallory, newl,
elected Senator had resigned and for the purros'
of having a new election, on account Of notice ha
wing been given by his opponent DIR. Scott, Of 1
determination 10 contest his election. The Rich
mond Wing gives the following account of the
matter as il now stands.
| novel que stion, and one of somewhat diff
cult solution, has arisen from the resignation by
Col Mallory Of his seat IN the Senate.
| The case is this Gel Mallory received INA
jorty 9th otes at the polls, was declared duly
elected, and received a certificate Of election
from the constituted officer. He understood that
| his competitor intended to contest his election
and appeal from the decision Of the People to the
Senate. Though convinced OF the validity ofhis
election, yet DESTROYS to avoid the disagreeable
circumstances invariably attending contested
election, and anxious above all things, that the
people should be represented by the man they
preferred, (Which might not be the case II a
s'checkmatng'' Senate were TO decide,) he de-
termined, as soon as he heard of the intention Of
his competitor, TO resign his seat, and refer the
matter back to the people-the rightfa judges
He accordingly sent his resingnation to the Co
vernon.
Dr. Scott, Col. Ms opponent. as soon as the
resignation was announced, not being very desi-
rous, we suppose, TO try his hand again before
the peopIe. wrote to the Executive, we learn, 10
prevent the issue of writ Of election. He sta
ted that he had given notice Of his intention TO
contest Col. Ms eiection-that there was no va
cancy which, under the Constitution, warranted
a new writ-ihat he claimed the seat, and that
the Senate alone had the right Of deciding.
This claim on the part OF DR.. Scott denying the
right of Col. NJ TO resign, raised question
which has never before been presented TO the
Executive. The law is plain, that in every case
of vacancy, new writ shall be issued; but here
il is contended there is no yacancy-that one or
the other of the candidates is elected, and it is
for the Senate TO say which.
The Governor. we understand, has had the
matter under consideration and seeing The novel;
~ of the question, has consulted the Attorney
General. That officer, we Learn, 1--WE have
had no conversation with him on the sub)ect')
inclines to the opinion that no vacancy has oc
CURED to authorize new writ-that Col. MS
election was not perfected until after the expi-
ration Of the time allowed by law for giving no.
tice of a contest, and that consequently no nc"
writ can issue.
Ifthis decision be correct, and we suppose II
is, Col. MS resignation was Of course nun an"
| ' old, and he can claim and take MS seat Dun
as the time has already elapsed when he cooiu
give his opponent notice OF the votes he would
| challenge as bad, and he must accordingly come
before the Senate in the contest under every
disadvantage, that body will, without hesltat'on'
send the election back 20 The district as that is
clearly the only means 10 prevent the people
be ing choused out of their rigats, and having
man TO represent them for whom they have not
given their suffrage.