Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-12-11


meet the Stale House. in the city of Philadelphia, on
the first Friday succeeding the General Election, and
TO ascertain from the returns of all the Districts the
persons elected Senators and Representatives, Having
performed this duty, they then bound 10 make du
plicate general returns Of the whole election OF
which is to be deposited in the Prothonoarys Office at
Philadeph and the other, far es it relates TO the
election OF Senators, having been first enclosed, sealed
and addressed 10 the Senate, is then, under second
oea cnver, directed TO the Secretary OF The Common
wealth. 10 be placed by the return Judges, /" in OF
the nearest Post Offices" similar is 10 be
pursued in regard TO that portion Of The general return
which relates To The election Of members of the House,
except that is 10 be directed TO the House Of Repre-
spni.lives The return Judges are, aiso, required to
transmit 10 each of the persons elected Senators or Re-
representatives. certificate Of his election. This is The
sum and substance OF the law.
"ln obedience 10 The law, all The seventeen return
judges Of the county Of Philadelphia, met at The State
House The FIRST Friday after the General Election for
the purpose Of performing their duty question
raised before these assembled judges whether HE return
OF the votes IN the Northern Liberties should be Tecelv-
cd After investigating the alleged frauds and rregu.
lnrites in this District 1t decided by ma ory Of
ten TO seven that This return should be rejected. Whe
Their this decision be right or wrong cannot affect the
election Of the Democratic Senators and Representa-
lives to the State Legislature In either alternative,
they have been elected by decided majority Of the pro-
Pile BY rejecting the District Of the Northern Liber
ties, their o!!y is increased from some FIVE 10 fifteen
hundred votes.
1.-The Return Judges. having asceraincd that the two
Democratic Senators, and the eight Democratic mem
bcs Of The House had been duly elected, then prepared
duplicate returns of the election according TO the Act of
AS, mhly, which signed by ten of their number
One Ui these returns deposited in the Prolhono
tary office, at Philadelphia, and the other was trans
milied 10 and received by The Secretary OF the Common
wealth A regular notice sent TO each Of the
cessu candidates for The Senate and The House, of his
election; and here their duty ended 1t will thus be per-
ceivcd, that The Democratic Senators and Representa-
lives elect regularly returned elected, by
jorly Of the Return Judges, according 10 the requs
! tons of the law.
CATER Tie Return Judges had completed their business
aud adjourn Of the whole number OF seventeen re-
tired another room in the Stale House, and then and
there prepared and signed in conjunction with the Re
turn Judge from the city Of Philadelphia, return Of
the votes Poed in only Of the seventeen election
Districts Of the county of Philadelphia No objection
whatever had been made; certainly no testimony had
been offered to impair the validity Of the election IN any
one Of the other ten DISTINGUISHED Districts: but it
necessary 10 exclude the votes in these ten DISTRICTS III
order to furnish pretex FOR The minority TO usup The
| rights Of the majority. The only reason which ! have
heard assigned for this attempted violation of the
rights of the people, was thu. majority of the Return
Judges had excluded the votes Of the District OF the
Northern Liberties and thereby had returned Mr. lnger
soil duly elected to Congress, there lore the minor
" nf the Judges were justified in excluding the votes
OF these Districts. and titus returning the defeated
hg candidates. elected 10 The Senate aud the House
| q! Representatives.
at is scarcely necessary 10 slate that III point Of law
1
notorious feet that there WERE and from The Acts OF AS
sembly tha, there must be, seventeen judges in the
county Of Philadelphia, perfect nuiiity and must
ever continue such, until il can be established that the
minority shall rule the majority.
This minority delivered 10 the sheriff and
by him sent by express on steam, engine 10 the Secre
tary Of the Commonwealth, and received at his of
6ce before the official majority return had arrived Thus
stand the facts.
"Shortly after the election, run!or extensively pre-
vailed that The Wings intended if possible, 10 force into
the Legislature, sitting members their Ten rejected
candidates from the comfy of Phad:Ipii1 and by their
votes before they could be removed by con,esng their
election pass laws 10 elect The canal commissioners
the u. S.. Senator and other officers and 10 govern the
State in direct riu,lion Of the legally declared will Of
majority of the people. did not believe the rumor and
thought that the minority return had proceeded from the
excitement and evaporation which defeat often produces
after holly contested election, aud that we should hear
no Of it. sides, could not then Imagine, that
such papubr and daring usupaton OF thu most sacred
rights only Of the electors Of The county Of Philad"
phia but OF the Commonwealth at large, would be at
tempted In this, it appears, have been mistaken.
before aud the time o! the meeting Of the LPgis-
alure there ,e ctee of the ceoretory Of me
the minority return from the county OF
PhIads rhio and duplicates of the majority return, one
Transmitted through The Sheriff the minority return
had been and the other through the Post Office, which
is the only legal channel. Now Sir in answer 10 your
question, inform you that the sole OF all the
Disturbances at Harrisburg is that this ctjcr took upon
hinSsJ the fearful responsibility Of ~ttah0!diRs from
!
IF TIE mejoyi,yf the Judges Of the coaniy Of Phiiadoi
a ,cac had been directed 10 tse BOdies reSpecirsy
cnd dcrered u them The minority rtturns 0niy Had he
delivered all these returns, clearly his duty the
| Legislature would have organised in peace. The Wing
members could not then have contended as they have
done. that the minority returns delivered by the Secre-
ary TO the Senate and the House, were the only legal
evidence Of election which could be received by them
in The first instance, and conclusive OF the hight
Of the defeated Wing Candidates become the sitting
members. Ii upon this principle, and this alone that
they have proceeded 10 form revolutionary House Of
consisting Of forty four regularly elect.
ed Wing members and the eight rejected Wing Candi'
dates Of the county Of PhiIadeiphia
sin defence Of the Secretary it has been said that az
he first received the minority RETURN it was his duty to
consider The only legal return, and 10 withhold al those
which CO after. This would make the political rights
of the people of Pennsy lvana depend upon the event
| Of race. Ii this the law, defeated Candidates
nigh always seize The of the Senators and Repre-
.enlayes elected by The peoples provided, they could Oh
tain false return from minority ol The Return Judges
and command the eeles courscr or The swlltesl loco
motive Indeed, in every instance, they could deliver
their returns first, by express 10 The Secretary OF The
Commonwealth; because the law requires the regular re-
10 be transmitted through The Post Oice, by Cue
course OF mail.
"But there is no preiext in The law for This defence Of
the conduct Of the Secretary. In regard 10 these cleo
ton returns, he is mere depository; and his whole
duty performed by delivering, at the appropriate Tine
ell such he may have received TO the proper officer OF
the Senate and the House, respectively ii the law had
assigned him any Other part than that of mere minis
leria agent it would have been outrage on popular
Government To confer upon the chief Executive Of.
icer of The Governor, dependent upon his will, any
power whatever decide, either first or last OH the
dty OF election returns Of members CT The Legislature,
would be 10 place the Legislative Branch of the Go
| vernmcnl, under the control of the Executive. This
! would violate one of the essential and fundamental
| principles Of Republican liberty.
"The Secretary so far from possessing any power TO
withhold sealed return, directed 10 the Senate The
House, has no right 10 know its contents because
the law requires that il shall be first sealed up and ad
dressed TO The Senate the House, and afterwards be
placed under a second scaled and directed him
In delivering such papers according to THEN direction,
he is but mere ministerial, not judicial officer. But
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