Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-07-10


the 2Gh from which the following extract is gwen:
wish to know frs whether the Governor has accePtra
the resignation rendered. Secondly, whether the Io'
vernon was informed Of my having according 10 Ia" 'N
tested his election before acceptance OF said resigha'
Thirdly whether it is competent for returned me"oe
to resign and the GopsTnor 20 accept, ai'r ne " W. e
legally notified that his election was coh'es'tu
So in what legal aspect il places the coh'es""E F3'
h, y;r,re f .;d e.con nd notice served IN conormi'
ty with law" These extracts are gwen i''.. nv
and rough cnpy OF the latter no" III my . 90 ~
the originals If Kept by my ifehus WIN ~
one desiring TO see them r L - 10. 5,,o "
referred to in the above extrae-whch Is sr'I'u upon
bv the Colonel land the Richmond " mig OF June c|
niaced in my hands by the Kindness oil ifiend-!"rl
- ~ .nIsc,;her IN that pyint.) and made the tnun
da,inn of an appeal To popular iethg' 'a'ne' no'e
Nous than Just. of my having opPnsed 'ne issue o.
new writ OF election and as the wing EaS ~ 70
Sro,t Colonel 5 opponent as soon as the resignation
w.s announced wrote to The Executive, We learn, to
preyent the issue of new wit al elecll"h-that ne
claimed the seat" That prevented the issue oil wit
of election by timeIy inerposlon, or IN any DINER
way than bv stating the facts merely and Tor the Pur
mise oe inf,fua;ion rui; that "c'a'ined the
sent in either of the letters from which The above 1
tracts of mine given, equally unt"unoeo III 'I'
Those two letters To DrS Cabeii and Cox ana my pun
shed letter to the Governor, by which letter only an
officially known and enabled to assert my rights accru
ing to me and my friends who supported me IN virtue OF
said election being all have written TO any one upon
The Wing further adds: "This claim on the part "f
DR. Scott, DENYING the right Of Col NJ. to resign, raised
question which has beure been presented 10 the
Executive" That J have by any net ot mine denied
the right of Col Mallory TO resign all the right he held,
is equally unfounded: For, it and is still my OPP.
Mon that he could bu, leaving my'righls unImpaIrrd
at the same time. take this grnnnd IN my published
letter 10 the Governnr and hold il still. With what
propreiy The Wing alludes to "checkmniIng Senate,
peang from the people, and the Colonel in the same
vein, to my throwing myself on "CnmmlHpe OF Inc
Senate j am willing candid and intelligent, PUBLIC
shall judge-repos'ng in full confidence IN ,he otei,
that its good sense is guile equal to The small cunning
of this thought The fact that quorum OF either House
must act aud upon the report of these committees,
is here showed of sight by the latter. The vndlca
ton of Virginia Senate for lis virtue, intelligence and
patriotism from such aspersors and nuendoes as these
need not now be volunteered by me.
The Colonel asks: ais it possible that DR. Scott will
sickle at little point Of etiquette IN matter o such
grave Importance regardless of the will nj The people,
Why, them lie, enquire, did he "sllckle 50 siouily,
and vet hold this unimportant point MS question
OF etiquette simply, and 10 which he would have The Peo-
pie Of this district believe, attached more than neccssa.
nv consequence with abundant opportunities hy letter,
seat either by his friend by mail and not excuse i:m'
self because my friend did not expect 10 see me III day
or two His Wanting flourish in the next paragraph
about his reverence for the Constitution and Laws OF
his country will of The people I. cctera-may pass with
out comment for what it is worth The Colonel seems
10 be loss TO know, what ! mean in my letter
to tie Governor by the "ascertained will and opinions
Of those whose confidence has placed me in the
SUBJECT" g Does he the advice OF some Of bis
friends or does he to say that aseeraIn.d will
has declared in favor of him: grant he has come
very nigh the truth of my meaning here. did "neGn
the advice aud will Of not some, but of very many oil
those friends, whose good opinion and sustaining voice
j, is my fortune yet TO hold, far as ain informed
And TO their 'nsceralned will, 1t was used, as he
ought perceive, in regard to my ultimate deierml
nation upon this con;es-tut whose 1cN and eeight If
ascerained, would declare in my favor, evidenced by
the notice and accompanying list Of votes, had reason
to believe bad upon his poll aud upon such authority IN
each county he oN not deny being entitled TO The
highest degree OF credit and respect, save dispositions
under oa and with all the urms!les of law 1t IS due
To myself again to the small number of votes
(iorty for.yhee only in this entire district,
bad ard doubtful, (tor where doubt exists, the
con'e,ng candidate may require pTo"t as his right
and duty to do) 10 show that overIau!ed his poll
with fidelity and honesty evlncrg the highest
possible respect for the measurable privilege OF IN" night
OF suffrage. do not at the foot Of my notice.
tia, every challenged his poll IS tat; but do
swear, | have reason 10 believe them under the law
and facts OF the then kn0'cn TO me. lquoe again
from his letter. In what singular situation does THIS
whole affair stand The Colonel is emitted to all the
crt dit for the singular situation of this whole affair
and for his refusing "to be party to the Contest he
is amenable to his friends who voted tor him But as to
his proposition 10 refer the decision OF !hs mailer to The
people, by the very novel process of resignation under
The circumstances of the case, must hold him respnn
sbe by virtue ri the election law and The voice OF
the people expressed at the polls He claims The right
resign, and do rot doubt II; Ohough had pot tina;
inerrgatory nntecedeDt To another OF more c0rse-
qusnce mc;) but TO create thereby racaRry is what
have and sui deny Does the Colonel mean to admit
there are Of vacancies One Tor which The 10
bouud las he thinks in ibis case 10 lssuea writ
for new election, and yet the Senate disregard II
and award the The cuues;irg csndda;e aud al!
this too under The laws and the sci OF facts
have much respect for the Judgment oil that iunc.
tnnary 10 suppose he would likely differ from the Senate
in hiss rprea,ion Of the laws of This Commonwealth,
Jsering he has full jDrSdcOn Of The paints an dspa,c
II all the objected 10 The Colonel poll are de-
cared bad by The SenGle il Is has tnuh not nine.
He says-.1he Governor still holds the case las To
his right Of rcsgna"n and has as YET made up no Tx.
ed opinion In obedience 10 that high principle {" equl.
ty and political noray Giierd by venerable Jack
to ask nothing but what Is right and submit, TO mo-
thing that is wrong winch sentiment did more 10 ai
just n our rroraced and disputed claims with r"regn
powers than the bungng ad scholastic diplomacy Of
his predecessorsl declare in consideration Of the
lupse of tine within which Col Mallory could have In
ken exceptions 10 any voters my poll bcaHSe Of their
not briRg tniitd tTc:cSc Ike right 0f SnIagtlhat
should the Governor decide lie had hight resign.
| will now waive all Formally daccept Lis notice, and
proceed by deposone to make gn"d The issue joined
If have jaSt claim 10 seat 10 The Senate do net
IT, proper seii.Tespec well as that higher re-
gard for the genus OF our republican institutions equal.
y forbid it There is but Of the several reasons
signed by Col NJ. for the extraordinary 'propnsi
ton by resignation" for election, which, from my
view of the subject, enerain and that is The II!
health Of his tamil " which lament. This, though, is
private not public consideration and has Just nppl
cation TO me, and might be urged as well against his be-
ing candidate again as 10 induce him TO decline
tested election.
II his are, however satisfactory to his friends
why be it soand # satisfactory the people of this
District, then IS he right and wrong. The Colonel in
his concluding paragraph again sdverts 10 the CUES.
ton Of etiquette aud saysli the Doctor is willing, he
still agree to it "a election II he will not
stand too much on etiquette, may be permitted 10 sug
gsst, that he withdraw his notice, and all difficulty
is end" With all due respect Tor his solened tone
modest and persuasive "suggeslion' must be permit
ted to replytha: the Coiunel has assumed 10 himself
rather too much la,Cde by his acis to give controlling
direction this affair already far
BE- adj used between lie point Of etiquette. There