Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-14

and in the Legislatures of the different States, he said
it invariably the practice to give the seats to TIT
persons holding the certificates Of the returning oh
In calculation of this part of his argument, MI
B. referred to case of contested election IN the pir
gina Legislature, in which Messrs. Berkeley and Da
Wis both claimed to be elected to represent the county
of Hanover. This case, Mr. B. said, was mlsundei-
stood and enormously stated the other day by hls co.,
league [Mr Dromgoole,l and he then proceeded t.
state the according to his understanding OF IT,
which was that the seat was awarded TO tue gentle
man who held the certificate OF the sheriff MT.
appealed to his colleague, MIR Banks, who iad Pres',
ted with so much ability for twenty years IN the Vlr
pinia Legislature it, in of contested election,
there ever instance in which the seat was not
given, in the first instance, to the person who had thc
pri,aa faeie evidence.
Mr. BANKS said that as he had been appealed 10,
he would state what had usually been the practice ID
the House Of Delegates of the State OF Virginia ne
knew that the usual practice had been that the ceI'
cate of the sheriff should be received as prtma aes
evidence of election; and the party holdnS
when there was illegality in conducting the polls,
in which case it was sent back. lie thought, however,
his colleague was mistaken in his statement OF the
case from the county of Hanover lie held IN ms hand
q statement of the facts in tins case maze ny lhe
Clerk of the House of Delegates, from which It ap
ne,red that MIR Berkey came into the House Of Dele
rates and claimed and took his seat as delegate from
the county of Hanover. Mr.. DAVIS, hls opponent,
alan came into the House and took his seat, both
nberah
members of the Virginia Legislature qualified BY
that officer and not, here, by the Speaker In tins
state of the case, and without any petition or memorial
whatever from any quarter on the SUBJECT resolution
was introduced by Mr. Winston to refer the whole mat
Ter 10 the Committee of Privileges and Elections Mr.
B. here read the following extract from the statement
in his hand: "On the second day Of the session. mo-
ton was made by Mr.. Winston 10 adopt the following
resolution Resolred That the Committee OF Privileges
and Elections be instructed to report upon the contest
A. roSH az c1a aS NOS
sbe: and in the mean time, that the two members thus
contesting their elections from SAID county, DC not en-
titled to their seats in this House
Prvpv state, cine Ilerk auds,) mat M
petition had been presented BY any person previously
10 raise the question.
Mr. B said It was after the committee had reported
that Mr. Berkeley admitted to his seat, and that he
he held it for the remainder OF the session.
Mr.. BOLTS asked which OF the two had the returns
MIR BANKS replied that one held the certificate o.
the sheriff and the other Of the deputy sheriff
Mr. Bolts said it was because the polls were hello
by both those officers; the first part OF the day by the
sheriff and in the latter part by the deputy, that the
difficulty occurred in the House Of Delegates, ane
caused them to take the course they did. lie woult
ask his colleague however, il he himself had not, II
private conversation expressed 10 HIM the OPINION tina
the certificates of the Governor OF New Jersey were
sufficient to enable the gentlemen holding them L
take their seats lie surprised, he said, after hear
inc these admissions from his colleague, him
time after tme passing through the tellers and von!
10 exclude these gentlemen
MIR. BANKS here asked leave TO explain, which, be
ing granted,
Mr. B. said as he did not mean to discuss this ques
ton, believing the whole discussion to be premature
his object had been and was still, 10 refer the who'll
matter to the Committee Of Elections, who would em
body all the evidence and facts in report and tn
House could then, and not before, decide, who wer
the legal and constitutional representatives from tn
State of New Jersey. Mr.. Il. admitted that he ha
said here and elsewhere that the certificate Of reur
hut, r,fvI
but in this case which stands without exact parable
ten gentlemen claim seats, when only FIVE are emit
tied. The House was then forced to take some actio
on the subject, and they adopted the safest
securing the rights Of the Citizens Of New Jersey,
referring the whole matter TO committee, where a
the facts may be elected and the House be enabled
give correct judgment upon the rights of the partie
respectively.
Mr. Bolts continued his remarks for some time
replying to the remarks of Mr. Duncan, and other ger
tlenen, who had previously occupied the floor, in OF
position to the claims of the members commissioned
the Governor. After he had concluded,
Mr. RANDOLPH obtained the floor, and DISGUISE
at some length the merits of the New Jersey question
He went the ground which had been pre-
vously occupied by himself and other members I'll
side of the controversy. He presented m1ny d.
cnnents in the course Of his remarks to prove tn;
frauds had been committed at the ballot box-sucien
he commended, establish the right of those holtr
the certificates Of the Governor TO be accredited by Il
House the Legitimate representatives of the peop
of New Jersey. Mr. r., witnoA' having finished b
remarks, Welded the floor to
GQRW VIM who S,i m1ved that the House do
DIR. SMITH of Maine i..----. yeas and nay
and the same having been ordered,
Mr.. CORWIN Withdrew his motion for adjournmel
-wherenpon,
MIR. sTANLY renewed it.
Mr.. RAMSEY demanded the yeas and nays; whic
having been ordered, were-yeas 81, nays l04.
So the House refused to adjourn.
Mr.. RANDOLPH having proceeded in his remasl
sort time, again yielded the floor to
Mr.. LEWIS WILLIAMS, who moved that Il
House do ad iourn.
Mr.. RAMSEY demanded the yeas and nays on sa
motion; which having been ordered,
Mr.. l.. WILLIAMS withdrew bis motion
MIR. RANDOLPH renewed the motion for the az
tournament, upon which
Mr.. WELLER demanded the yeas and nays; whic
ordered, and were-yeas So, nays IS.
So the House again refused to adjourn.
MIR. RANDOLPH then sent TO the Chair mass
dispositions, touching the illegality Of votes taken
the districts rejected by the county clerks and II
Clerk having proceeded for time in the reading
The same,
Mr.. C. WILLIAMS moved that the House do a,
journ; upon which motion,
Mr.. MCCLELLAN demanded the yeas and nav
which being ordered by the House, were--yeas s
nays SO
The House accordingly adjourned till tomorrow
l2 O'Clock.
Friday, January 10, 1910.
IN SENATE