Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-07-10
his knowledge, no doubt he would be ,here TO hear
,unno,e, from me- and 10 know what course meant to

pursue
satisfactory reason if him. least TO my friends
aud more harmony with my character than Tue one
he supposes which, led to pay the VISIT referred 10
above as pnex pected 10 me as 10 my TREND ha'y y"
the morning OF that day, (beng the Gay aver no,Ge
was yiyen) had placed in my hands mole from DIT
Heath addressed TO another friend living much nearer
me, with request should be Informed OF i's pufpoTt
That note stated hut Col NJ Informed MN the evening
before he should resign, &c ana was Tue n's' h''na
lion had of his intention TO dos snd inasnuch as ne
did mt saw he had delivered the nnce doubt arose IN
INV mind that he may have withheld 1t in consideration
of the Coonei's resignation rendering 1t imperative
and of no further consequence. For, IT was quite new
case to nv friend and myself at least-and believe is
now admitted such BY all And, as had, therefore, but
one day Of grace left OF the %, resolved to be
secured of its delivery, and accodlngy rode to my
friend to be assured OF that iact-whch, atter my
self furnishes quite satisfactory for being al
my friends house early next day.
Among other reasons assigned by The Colonel tor
the he has determined in his letter Of res'g
naii0n is this: hs election in Dinwddie informal
and illegal, inasmucn as there commissioners
al the Court. house. This reason for resigning was
unex pected indeed: for Col Mallory Cannot have
forgotten conversation at Dinwdd,e Court mousse ne
had with highly intelligent and respectable gentleman
Of Petersburg, and whilst the election was there pend
ing in which he spoke Of this informally or !egaiIiy,
bu. distinctly remarked he should ,ake no exceptions
or make objections 10 1t on that account "hai
events have inerPosed to change his determination as
the Dinwiddie Court house poll! as prominent reason
for his resignation, at inss TO perceive. This want
Of form was known 10 him, myself, did not know II
till several days had elapsed after the electon) and
could easily have been supplied, il mentioned But The
true and legitimate grounds Of objection, not taken
upon this fact; nor will Col Mallory hazard the dec!a
ration, that the Dinwddie Court house poll was no,
fully and fairly taken, for lack Of said commissioners
far at least, as he is concerned For, feel every
confidence, being aided in my examination OF that poll
by three Of tie rc,y best informed upon the subject
in that county, that he received two bad votes 10 my
there; and number, too, Sufficient IN have placed
the certificate Of election in my hands. believe 81
milar of facts upon like information exists in
gard to the Brunswick poll, but 10 greater extent IN
my favor objected to but three votes on his poll in
this county, (Greensvllle) and feel every confidence
that Two bad, the other, hanging on legal point
have made the foregoing statements for the inforula
ton of those ,rho kaolc me ,cc aud will extend
all due confidence and not with the view of rebutting
the Colunes round declaration, that am as certain
Us am of my existence, that am elected by majority
Of legal vo!es' deem it not irrelevant for the nor
nation Of such, are not acquainted with what is re-
onred of conesng candidate, to state further, lba,
he is enjoined by law to take before justice of the
peace, the following oath"l do soemny swear, that
have reason to believe, the persons whose names are
above mentioned, are not qualified to vote'-in said
county or election district the may be- which
oath is annexed to the lis, Of names objected in the
notice.
You have here, then, the Coonels pse dirit-hs say
labor, after most careful scrutiny Of the polls, aided
too by three four Of well informed friends in each
county be selected from them. If do not, fellow
citizens, here show stronger presumption, us to who
"lIe choice OF the district certainly do not fall
below the level Of his potion.
will now revert TO the Coonels argument and state
Iuents touching the legal question involved in this
troversy in his published letter Of the 18Th inst
He introduces 81 The outse, in the character of
complainant; and free 10 confess, if his reudipe
and presentation of the law in this case De correct his
PLANTATION is que satisfactory. But must say, it
far from my purpose present myself in any snch light
My object in addressing The Governor, simply TO
place the material facts before hni, arising of The
late election and the very novel face given The subject
by the Col 8 resignation being, from all learn, and
have conversed with gentlemen well informed regards
the legislative history Of Virginia the first instance Of
member surendeIiDg his certificate of election upon no
tice given him contesling his right to such certificate
The Colonel, in the paragraph following, insists that
the phrase used by him in his letter Of gnaton:ha
he had received information of his (my) intention
contest, not only I" the language CT The law but
quite sufficient of Itself to protect any rights might
think proper assert under the election nr relates
to Executive interference Now, it may be permitted
20 exercise parliamentary right and strike out the word
nlormation in The above quotation, and insert notice,
shall both 10 the law aud lis legal effect Of
placing officially before the Executive. To say he had
.receved information of the Intention Of my opponent
10 Contest my election, would have been justified upon
well. grounded rumor alone Yet Col Mallory knows
received
nate, my petition setting FORTH that could prove we'll
founded rumo was current in the district within the %
days, that II was my intention 10 contest his election
and therefore claim 10 he heard. No. fellow citizens
my opponent had much the advantage Of The dawn
OF this contest having BEEN for several sessions past
member Of the Committee Of Privileges and Elections
and knows that my petition could only have been en-
t-lansd upon proof OF notice derere and in every way
In conformity with law.
sincerely hope that the idea. or opinion. which es.
10 d.
Of contested election may by accident he made either
way is not derived from his more Intimate acquaintance
with the habits and dongs Of Committee OF the House.
If could bring myself to believe, that accident"
controlling agent with either House and lis com
mces, in their exposition of bath law aud fact should
certainly feel less desire TO be associated with then and
cannot account for it, (f it be true unless office
q corrupRg intuence-and II so, occasional change
OF member, will be all The better FOR the public interest
"But" continues the Colonel, "ihs letter Of the Doc.
tors (my letter to the Governor) which am answer.
ing and which believe was intended for publ.
cation than any thing else. is really dated after
the opinion Of the Attorney General Vas known
So far from my letter being designed fer publication
ouy, and effect eiSt,ohsret presents nothing but the
usagss, facts, and law OF the Had done less it
would clearly have shown wan; OF respect TO the Exc
cu,ive, whose constitutional duty requires Of HIM. dur
ing the recess Of the Legislature, issue his writ Of
election in all cases where raeancy happens by re-
signa,ion olherwiseand where The party rrsgning
held undisputed and accredited right Of Office, to
create vacancy by any independent, "single hand
ed" and unlocked for oct Of his as in this case /
say, had done less, and silently permitted the Go.
in The absence of such information, 10 issue his
WRIT and then come out with protest against his right
50 do should have been guilty of rabe neglect
Of duty that officer, and allowed other difficulties 10
be fastened on sufficiently novel and embarrass
ing-in theoutset, al leas-l repeat again. had done
less should have proved myself recreant and wanting
in fidelity to those friends. who by their voices the
polls gave me leave 10 be heard and known under the
late election. could not consent by Cot Ma!lorys in.
dependent action, rather proposition, "by resignation
to be showed uncereoniousy out Of sight, but prefer
red. under Of duty, to take upon myself and
abide by all the responsibilities Of this new, and per.
haps un,red position. lis novelty, however, is not my
work. but his; by resignng under notice Of contest
But the Colonel Jeerts my letter written for pub
lica,ion. Indeed 1t contains nge Nous appeals to