Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-06-12
.NEW CHE
TO TIE EDITOR or TIE RICHMOND ENQUIRER.
You will please publish the following letter. and oblige
Yours, respectfully,
JUSg Slh, 1888 Ed. 7. SCOTT.

TO TIE EDITOR or TIE RiChNOHD ENQUIRER.
You will please publish the following letter, and oblige
Jrxr s,h, 1888. '' I'D! P. SCOTT
GAINESVILLE Co June 9th. 1888.
To his Ercc'lency Dacid CampL'H GorsrnOr II Ia.
Sir-ln the Enquirer of the 18th ultimo ! find pub.
shed letter. dated l1th addressed to yaur Excellency
by J. B. Mallory, Esq, resignng his right 10 seat in
the Senate Of Virginia from the Brunswick district and
for which appointment were both candidates in April
last There is nothing in that letter, which lnorGIs y"ur
Excellency OF my having in conformity with law con-
tested the legality Of his eleclinn-no,Ice of which
delivered to him. by the hands Of friend, on the lh
Of May within the % days prescribed by aw-for al
though his letter above referred to- dated the lIh
two days prior thereto yet he doubtless will admit land
has so admitted, earn) having recei7ed my nnce be-
fore parting with the control of, mailed said letter
Had e therefore in his Official mole OF resignation, a
pJi,ed yOu that the validity OF his right To scat IN the
Senate which he resigns duly and l"gay contested
by me- of which he had full knowledge, there could
have been no occasion for my communicating that TACT
TO your ExceIlency which now do In the absence of
such information, the line of Executive duty was most
clear and obvious; vacancy happening during Inc re
cess of the Legislatures writ tor new cecon womb
of course issue 10 supply such vacancy. But win
knowledge Of the legal relation bear 10 the election
which tIecfi0n Alone conferred m Col. Mallory what
ever Of right he had TO create such vacancy bY any act
of his-he question must necessarily present seil TO
the Executive, whether such racancy has taken place
in this case as plated by law; and So whether
III
mine and apart from the privileges aad duties OF cno
,hpr and CO ordinate branch Of the Stale Gnvernnent-
II occurs TO me- that clear and uncnnesad right to I'll
or hold office must be presumed and concurrent with
right 10 resign, thereby creating vacancy But not
wilhs,andinr the acknowledged novelty and pe!pe1lly
of the questions arising in this case, and submitted 10
your dersion it is not my purpose here 10 offer any ar
gument thereon in the vain hope or expectation oi en-.
tightening the Executive mind inasmuCh as am aware
that full time and deliberation will be given to
the subject doubtless conducting to Sasacory ludg.
ment | should, Sir, have most cheeriuy saved you
the trouble Of an examination into, and decision upon
this case had an opportunity been oirTed me, by n
prompt pance of the proposition usually made and
hitherto believe, invariably praccrd by the returned
member like occasions. that az some doubts have
arisen and been expressed 10 the choice oi the dis
ic he proposed to refer The erection BACK 70 tic peo'
pie.
Had such proposition been made upon vel. ground.
ed rumor that c:oud, even after receiving due and
formal notice that did, contest his election, would
have been alike Indifferent 10 me- and most readily &C.
coded to.
Col Mallory has, however thought proper to pursue
q single handed course in this matter and leaves me 10
consult alone. the Constitution and Laws OF my State,
together with The ascerained will and opinions nf those,
whose confidence has placed me in the political relation
bear 10 the subject, md whose ascertaincd VIII ann
wishes as regards my ultimate determination upon this
contest | hold next in importance to the Constitution
and Laws themselves. Very respectfully. yours.
ED. P. SCOTT.
The Governor consulted the Attorney 'Gcnefal en-
this unprec denied case-and Mr. Baxter gave YER
bal opinion, this effect. That the candidate hav,
iuo the largest number Of good votes really elected
and entitled to the seat. The return pima Jacie
evidence Of election hut while the opposing candidate
had the right contest, it not conclusive. The
conleslng candidate might perhaps show that he really
was elected No absolute right to the seat existed I'M
ii, The right to contest lost the House has decided
The returned member cannot by resignng create va
cancy If So he might deprive the cnntessing member
of seat 10 which he legally EMIT led if 1t should
turn out he had the greatest number OF good votes
We understand that the Executive have made no de-
csion yet the subject
The Governor and family left the city on Friday morn
ing for Philadelphia, Sc lie expected 10 return BY
the lst July.