Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-22


accomplish their purpose without the aid of Hm e..
RirS. He has betrayed his friends; then, let him
| cevc his thirty pieces Of silver. X Q.
I HOUSE OF DELEGATES.
Thursday, Dec. IL.
| The following report of the Committee Of Priy-
/ leges and Elections taken up and read:
Report of the Committee Of Privileges and Elections.
/ The Committee of Privileges and Elections have
cordng to order, had under consideration the memo
| rial of Elisha Melton, to them referred, complaining OF
the undue election of Joseph Lscomb, the delegate
turned represent the county of Louisa in the present
| House of Delegates and have agreed upon report
and come to the following resolutions thereupon:
| Your committee having read and examined the me-
mortal of the said Elisha Melton, the contesting
didae together with the notice of the memoriast to
Jos. Lpscomb, the returned member of his intention
to contest the election Of the latter and of the lists of
those persons to whose votes the memorast made OBJ
/ lection with the oil lection TO each voter written oppo
site his name, of opinion that said notice did not
conform the 4lst section Of the general election law
The objections of the memo.ias TO the said votes, writ
ten opposite the Of each, do not observe uniform
phraseology but for the most pnr they Insubstance
the same, viz: That the voter objected to no free
holder housekeeper, no revenue tax paid or
charged within the year preceding the election. In
no does the objection set forth that the voter OBJ
jected 10, sis not qualified TO vote according to the
Constitution, labours under any express personal
disability according TO the provisions thereof 10 exer
else the right of suffrage The notice Of the me-
morialst is in the following words, viz: ITO JOS
Lipscomb Esq, Sir take notice that shall and do
contest your election delegate for the county OF
Louisa 10 the General Assembly of Virginia. because
you were not elected as delegate BY ma jory OF the
legally qualified voters who voted at this election,
held in the said county of Louisa the 23d day Of
April, 1910, for delegate to the said General AS
} sembly and | do and will contest your right TO a
seat in the said Assembly such delegate, and claim
that right 10 myself as having been duly elected by
majority of the legally qualified voters WAC voted
al the said election And hereto suboln list of
the Of the persons whose votes are recorded
on the polls taken at said election having been
given for you to whose votes object as }lcgal, the
said persons not being qualified 10 vote according to
the Constitution. With consideration of die respect,
. &c, Elisha Melton, April Both, 1870 Appended to
the said notice. and partly written the sane paper,
is the foowng-"A list Of the names fpers,ns whose
votes arc recorded the polls having b'en given
for Joseph Lpscomb Esq, al the election hdd IN the
county Of Louisa the 23d day OF April, lHO, Tor
delegate for the said county TO the General Assembly,
TO whose votes Elisha Melton objects as lhga The
persons not being qualified 10 vote according TO the
e Constitution, to wit: William Newton, &c lmme-
datey succeeding the said list of votes, is tn, follow
ing: 1.-THE above is the list Of the persons wo voted
the county of Louisa, the 23d April 1910, of delegate
to the General Assembly of Virginia, for the sad coun
ty TO whose votes object severally for the reasons
written opposite to each persons name, the sud per-
sons not being qualified to vote according 10 tie Con-
: stitution and laws Of Virginia. Elisha Melton.
The affidavit Of the memoalist appears to have been
made before justice of the peace of the sadcounty
of Louisa the 30th day ofApr, lsio and il in form
required BY the 18th section of the act entitled can act
amend the concerning general elections passed
, March 9TH 1895 and the notice OF the memoriast
duly served the returned member the hrsday OF
May, 1910.
Your committee deem proper, further 10 reFort That
: by the affidavit of the returned member, madeon the
OH "A e noc fhntu sdcir mo-
the said notice oil the memorlalis he the said returned
member delivered the like notice and list on rs part,
within the time and in the prescrbedby the
said 4ls section the net aforesaid and that henupon
both parties proceeded in due form of law 10 tae the
examinations of witnesses respectively, 10
support the qualifications Of the voters objected TO as
: aforesaid upon their respective polls.
0 The memoriast commended, 1st, that although the
list of those persons 10 whose votes he made OBJECTION,
did contain the objection 10 each voter writtd OPP
poste 10 his name stating that the person objeded 10
was not qualified TO vote according TO the Constitution,
vet the provisions Of the act were substantially COM
piled with, because sufficient appeared upon the fee OF
the notice TO inform the returned member that thcqna-
lications OF the voters mentioned on the said list law
fully exercise the right ofsuage, was objected IL and
to put him upon the proof of their qualifications and
2dy that the receiving of the notice by the retHned
member without objection, and the delivery d the
notice by him, and the subsequent e1am milton
Of witnesses, virtual waiver of the alleged nor
maiity. But your committee being Of opinion ht the
LIST section of the general election law perempto1y
quires the objection TO each voter written opposite his
name, state that the person objected to- is noquali-
fed to vote according 10 the constitution, and oot re-
gadng the subsequent proceedings as waiverof the
: informally, of opinion that The said noteeof the
said contesting candidate was illegal.
l. ResoIred therefore, That the objection Of the memo
rialst, "no freehoder, house keeper, rrenue
n tax paid or charged within the year preceding the
election, written opposite the name Of those voters
to whose votes he had objection, is insufficient and
i illegal.
5, 9. Resolved, That the Chairman of this committee
ask leave to be discharged from any further cordea-
ton Of the memorial of Elisha Melton, TO theHrefer
red complaining of the undue election Of JOSEPH Lips
comb the delegate returned TO represent the comfy OF
l. Louisa in the present House of Delegates.
The first resolution being under consideration; mo-
i ton made by MIR. STEPnESsoS of Tyler, toamend
: the same by substituting therefor the following
e Resoircd, That the report of the Commttceof Pri-
vieges and Elections upon the memorial of Ellis Mel
ton Esq, be rccommittcd 10 the committee with the
! following instruction-that the notice Of hep1emo-
rast states that the votes to which he objecison the
II poll of Joseph Lpscomb, Esq, objected 10
the voters not qualified to vote accordngto the
Constitution the list of those voters describe them
voters not qualified 10 vote according to t Con-
stuton and the parties proceeded to take posi-
tions in the contest without taking e1ceptoito the
l. form Of the objection; the committee should proceed 10
investigate the legality of the objected to so far
as the objections confined 10 the Of Tue pro-
pery qualifications required Of the voter by the ,onsti
It tuition.
$ This resolution was drawn up by Judge MI, and
accepted by MIR. STEPHENsos in lieu of which he
a had presented
o The debate upon this resolution occupied thewhoe
day. The question purely of technical chaacter,
and in all probability not one Of readers you'd
be disposed to read the debate, shall ouseres
the trouble of writing it out.
g Mr.. STEPHENSON of Tyler who brought the Sbject
/ forward, Judge MAY, and Messrs. DoRMAS, CtrcH-
;; FIELD TrSsrALf and ROBERTSON, argued againt the
rigid construction of the law in this Thu right
claimed by the petitioner not statutory buihn in
heren right and although the express words lad not
J. been followed by writing opposite to the name each
vote objected to- "no qualified to vote accordngto the
e Constitution We, that the spirit and intention Of the
law had been fully carried out Several of these gen.
tlemen commended, too, that the returned member had