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

were then told that poronof the people not
presented at all, because there contest about the
seat OF Sennlo that another portion represented
by aSenaor whom they had rejected at the polls but who
had slipped IN by operation Of law, and the resignation
OF the member elected by ,hcm that in third case, the
death oil the member elect had produced like result;
that some OF the members represented minority, and
not majority Of their constituents and that Others had
reached their elevation by peryerson Of iacis and
fiction OF The law; how would he laugh false pre-.
tensions, our idle boasts, and the spemn mockery Of
our laws Where would he find Language strong enough
TO express his disappointment and surprise at the dif
ference between principle. and our actions pro-
LESSONS and our practice?
]. has been said, tina, Col Mallory has brought this
Slate OF things himself, and cannot complain
answer, That the law gives him perfect right to resign
al any limo" and ] ask, would you punish him for
cisns the tight Thu: given say further That he has
done what hundreds have done before him. and what
many do every year, and ask do you punish him and
nobody else:
II Ia: been supposed thai his resignation is com.
P!ete during the prndency of contest; that it is not
known which will ge. the Office under the contest that
he couId not resign what mi ght not he his and conse
qnenuy maj his resignation void II hi, view right,
icaF You have done him great injustice by not decd.
ing his case promptly and in time 10. him Join in the
contest ana establish his right 10 the seat But this
cannot he right. have already said enough TO .atisfy
an impartial mind Much might be said. would
only ask, 90 you give any the right To contest his
seat; the right to continue prosecute aban
don contest and during all s lime his hands tied:
Can the other party get clsnr OF The contest al any
men, and cannot Col. Mallory do the sanc' Do you
deny 10 Col Mallory what you conccde 10 every other
officer IN the State, the right TO resign And what
yet more pePoscrous do you subverl and cnnfound all
reason right md law in his case and place hs power
OF resignation not in his will, but the will of ano
Their?
An opinion somewhn. different from this has been
expressed. il has been sad, that Col Mallory has
signed away his right 10 this Office but could not
resign DR. Scots right. There seem, some difficulty
in this at the first blush Of the question, and am glad
that not necessary for TO decide it, The Senate
will IN due time decide it, and your action can in
way affect his right. Bot you may think differently
and as do not wish 10 shrink from The CATION,
invite your attention 10 the following considerations
| shall be concise, bat hope, explicit.
Well, then, to Dr. Scatts right what is H., IF the
reply Ct The noble Indian Prince TO the Macedonian
queor that those persons who had not tried their strength
against each other, should be considered equals has
much truth az magnaRImIty in 1t, DR. right is oil the
humbesl character He alone Of all the people has tried
his strength with Col Mallory and beer defeated by him
Bat his right is simply right 10 con,csl The election of
las, Spring and nothing The result Of the contest
may be against him, aud he gets nothing lie has
right the seat 10 hch lie aspres. immediate and
certain right and perhaps it will appear tina, he has
at ALL beg ond the right Of prosecuting contest Tor
il.
Whatever right Dr.. Scott has is purely OF political
character. The power which conters il might have with
held it, had it cause, and DIR Scott could not have
complained. The right to cit in the Senate (ses Art H.
Sec 7 Of tie COn.uon) is denied to women, 10 ''mi
oflhe gcspel and persons holding lucrative o
css under The State 10 officers Of the (see section
II 10 "soldrrs and seamen III the service Of the u s.
10 persons convicted OF any Infamous offence, TO "per
sons of unsound mind TO Paupers, 10 all voters that
are frrchoders in the district, 10 all feehoders
that are presidents Of The samr and all lreehCders
and residents that hare not attained 10 the age Of thirty
years" Il might have been denied TO physicians, as 1t
was denied 10 The best and bases of mankind. Such,
however is not the case 1t political right granted
or withheld as deemed best. Those who claim
der the grant must accept lis Conditions. Being erea
lure of Tie Constitution and the Ia made under II, ne
terms Of its creation must be followed.
Dr. Scott may he qualified sit in tho Senate, yet he
obtain seat excep, through election by thu
voters Of his dsricl II, ii AN election he receives
majority Of the decided 10 be rg, by the officers
conducting the election he is entitled 10 the seat, and
may, by virtue of the return Of the proper officers take
II in despite Of all opposition This good fortune fell 10
another and not 10 DE-. Scott al the late election This
10 one way and had The law thought ii Best, it might
have been the only way Of reaching the Senate. TIE
decision Of the officers conducting the election might
have been made fRai Dr. Scott "oud then have had
no right But the law gives him another chance II
gl7es him The right 10 contest the election Though de.
iraet Al the polls, he may by contest conducted ac
codirg to law succeed before the Senate. lie hos fail
ed beor. the people Let Us examine his right under the
e". =, '.. Gv proper parties The word con!es,
i'm niles ~ r crlnin like The word duel. at least, two
parties BY the law concerning general elections Gee
I,l
of any other person as Senator, &C. "shall give
ce" &c. $40 the person whose election lie contests,
&c "wthn % dsys, &c land the person whose cleo.
lion is contested Aforesaid shall, within 20 days after
ecclyinp such notice deliver the like lsis his part
(By the 42ud secliun) " Reasonable notice in writing
Of The time and place Of taking depOsons shall be given
BY either party the other (Sec 49, "N hensoever the
election Of any person Senator intended 10 be
contested the petitioner and The returned member shall
respectively begin 10 take their tppUslliGns within
month after the delivery Of III" notice in writing, aore
said given by the petitioner 10 The returned member in
forming him as aforesaid Of his intention to contest his
election; and they shall finish taking the al least
80 DAYS preceding the cOmmen cement Of the ensuing
session o. the General Assembly 1.-THE party contest
ing shall give notice 10 the returned member &c, land
the member returned as aforesaid shall within five days
after receiving such notice. deliver the Like lists hs
part "hnd the said parties shall give notice respec
lively and begin 20 take their deposi.lons, nc, ''nnd
finish them, &c 'lf either party shall fail, &c (sec
A. 18Th. dispositions shall be received and read as evi
dence-subcci, however, 10 the exception Of The oppo.
site party" (Sec 43 "SubpGnas for witnesses shall
be issued upon The application Of either party. (Sec 2O)
Son complaint TO either House Of Assembly, Of all
due election or return Of any member to their House
which CO nrain shall he lodged against such member
&C. .sucl House shall forthwith appoint Some day for
irving the same, whereof notice shall be gwen by The
SNEAKER II the party against whom the comp plant 49,
he he absent; which day OF trial may be ned,
notice 10 the absent party here must he two parties
The returned member and the petitioner. both legally
capable OF giving and rec"ising notice, OF taking and
Directing 10 evidence and in short of doing every thing
on their parts respectively in the legal prosecution {"
the contest up its termination. One OF the parties
must be member of the Senate whose election is con
tested, and mol private citizen who can take no part III
the contest Without these two parties both July en-
oying their respective rights and powers, there can be
no contest.
3D. There must be a proper mode of conducting
the contest There mus, be notice in writing dell'
yered within twenty five days after the election, 10 the
returned member accompanied hy list OF votes OBJ
i.c,ed 10 on his poll and any objections to the legality
Of the election or the eligibility Of The member elected
The returned member shall give like lists on his part
within twenty days after notice. The evidence taken
sha be in writing and duly placed in the hands Of the
senate The parties must commence and finish their
evidence in due time. Proper persons shall take depo
rlions for The parties In short the acquisitions Of the