Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-01-24

that Scott all IN MS
law required him do. How, then, any act Of Col
Mallory affect in any way the rights Of Scott or his re
save position, in regard 10 the Common wealth, or o
TINS blouse! One Of the resolutions now reported de
csres, tina, The resignation OF Col Mallory did not in
any way affect the rights of Scott Garry out this prln-
cplc, and how is The Office vacant? If the Office is va
can't then Scott is affected by the Of Col Mallory,
against the will of Scott This principle is too mon
ssous 10 be endured an instant. But if not to
be governed by the above referred TO- and admit
ting for the sake of argument that the law Of the
Is doubtful, We are bound every other tribunal 49,
10 the law thai the least possible mischief
will result We cannot make law 10 prevent mischief,
but If reasonably bound TO decide that the
supreme legislative power did not intend what, if con.
strued one way would produce great evil and if con.
strut another hut little evil do intend TO call in
question the integrity Of any. But where is the effect
OF this resignng stop: Ii Col Maorys resignation
in May last made vacancy, wh'n he had majority Of
votes and thereby Scott kept out OF his seat may
he not resign again in February, when his majority may
be more OF less; and again and again, may not every
one act The same way, thereby opening door 10 all
kinds OF frauds: For any man, after the commence
ment OF contest, perceyIng that his competitor Is
elected BY majority oil votes may resign: Al er what
have seen III Pennsylvania, we should be cautious
IN constituting the las, TO leave any unnecessary
power in the hands o! any Another may
happen Suppose, where political parties are nearly ba-
anced regardless OF moral obligation, should induce
persons, in sufficient number 10 elect hun who are not
qualified by law TO vote for him, knowing that the officer
obliged 10 return hin who appears from the polls 10
have the greatest number Of The officer gives
him the certificate Of return. His opponent is IN TACT
elected by majority oil good votes and gives nouce OF
contest He who has committed The fraud resigns. Aci
cordng 10 the resolution of nrity o! the committees
his opponent has right to his seat Or, suppose the
sherfs should audueny and voluntarily give the re-
TO him who had not the greatest number OF votes
lie resigns Or, suppose the sherfs should mscount
the and the return 10 the wrong candidate; on
receiving notice Of contest, he resigns.
II has been argued by gentlemen as IT the mem.
Der returned held his office under the return OF the OH
GER deny that 10 be true He holds his Office under
the Constitution and Laws and the votes of the people
He is appointed by The people and the return is but evil
dence 10 prove his appointment and like other eVidsnce
| may be false.
maintain that, after an election has been regular.
ly held and concluded each party IS then constituted
an agent 10 guard the rights of the Common as
well his own and each is bound by his ocn act alone,
and also the interests of the so Tar as they
are committed To him. That the Commonwealth, De-
cause il s the best security which can be obtained, has
committed und united her interests in such cases to the
scneresl of the parties and that n either oil Inc cam
dtates compromlts abandons those interests me- as
well as the Commonweahbis bound thereby. Colonel
Mallory, by resignation has admitted that Or scott was
elected BY abandoning and failing TO perform those du-
ties which The law OF elections required OF HIM, such as,
among Others the attending 10 the taking oil evidence,
has yielded the point that Scott the other agent oil tue
Common had superior right, both as regofds NM
self and the public That he truly represented the inter-
est of the public maintaining the positions which ne
did and that these principles correct is manifest
from the various provisions OF the election law, "hete
the assent of the parties their agents is required 10
give legality 10 acts which would not otherwise be le-
gall and from the very nature Of the case, and situa-
ton OF the parties, suppose Col Mallory had not re-
signed but dsegading entirely the notice oil contest,
had appeared here, and taken his seat would The Com
mlltee have required Scott prove negative, that Inc
votes objected bad, Would not The implied ad.
mission have been clear, that they were bad:-Or,
suppose he bad admitted before the Committee, IN
words that the objected 10 were bad, would The
Committee still have gone TO investigate The iace
or, would this House have required ~
In the of Barbour and Davis, above referred TO-
Governor Barbour stated before the Committee, that
on investigation, he satisfied his opponent had
majority of legal votes and that he was unwilling iur-
Their 10 trouble the Committee the House. Did the
Committee 90 on investigate. or did The House re-
quire ii: No-but reported by Mr. Morris, their chair
man resolution stating the iact, and declaring DAVIS
TO be entitled the seat, which was concurfed IN
by the House and Davis admitted accordingly here
Mr.. B. read the resolution from page 10 OF the printed
journal But it is said that il can make but little
dfere nce-1he parties TO 60 back 10 Inc people,
came out from the people. and 60 back 10 the Peo-
| pie, and have full confidence in the people-Ie s,
there is patriotism, sense, knowledge justice ana
truth in the great body oil The peuple-In the million,
than any select few Of the knowing ones, or set OF
exclusives or knot OF philosophers IN the whole Woro.
But the way TO obey the people is TO assume no more
power than they ha committed 10 TO obey and exc
cute their constitution and laws until they are altered
If we do this, as view the subject, we will determine
that Scott has thirty legal votes than Nal
lorv and therefore is entitled TO his seat