Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-08

the subject before The House rendered il necessary that
h" should briefly gi:c Ike reasons which influenced him
~ coming 10 the conclusion expressed in the report
which had been read 10 the House. 1t would relieve
himself and Ire House from some trouble, in conse.
qnencc Of the frank admission Of the gentleman from
Frederick, (Mr. Byrd,) that the Deputy Sheriff, who
conducts the election al the Courthouse, is authorized
to make the returns, unless the High Sheriff interpeses
to prevent such action, ar the legality of such action
The practice had prevailed in all time, that the re-
turns By the Deputy were legal, unless there were some
peculiar circumstances 10 make it other wise-andt the
sole question nov for their consideration was, whether,
under the law aud the practical construction Of il, the
High Sheriff ind a right 10 intcrpose and not accept the
action of his deputy. tie conlended That he had no
such right. Mr.. May proceeded 10 argue, that the fact
Of the High Sheriff having the power TO dismiss his
Deputy at any time, did not involve the right Of con-
trolling him in all his acts and doings, right or wrong,
Just or unjust.-Such a desretic and arbitrary power,
the doctrine that The major included the MINOR, was
not suited either to the doctrines or to the character
of the institutions of this country. He would con-
tend, that if the High Sheriff had allowed his De.
putty 10 take tho election at the Court House, TO
take the prescribed oath as the presiding officer,
under that oath proceeding with tine election, re-
%jecting the bad votes, admitting the good ones, he
would deny that the High Sheriff could then come and
arbitrarily compel the under Sheriff TO pursue u course
which he might conscientiously believe at variance
with his oath. He referred the House To the oath taken
by the officer, presiding at the Courthouse, and it
would be found that the Legislature did not intend that
lfp uIlicS III the ITcSiuiDn O.iCtT SilOuiu " Z dstuc
by any High Sheriff or Deputy Sheriff who might
thrust himself between the commencement and concln-
sion fthe act. The High Sheriff preliminary pow
es were absolute.--IIe might 70, if lie thought proper,
to the place for holding the election, and announce
his purpose 10 preside al such election, and could do so;
bu, If he does not 90 TO such place, and allowed his
deputy, who does 20 there, to take the prescribed oath,
to enter upon his duties TO conform to the mandate of
the State, to take the polls, and otherwise to act in the
matter, the High Sheriff could not i~ntcrposc his autho-
1 rty bt coon tho cnptn mo nrpm pnf and HE campiatInu nj
the act-and the Deputy Sheriff was the person, and
the only person, who had the right to make the return.
The member here entered into a long argument in sup
port Of the above opinions, and in favor OF the adoption
of The report.
MIR. RADCLIFFE cnquired whether there was any cvi-
drncc given before the Select Committee, that the oath
was taken at al, Or, if 50, by whom such oath was
taken.
Mr.. MAY said there was no direct evidence upon
The question; but there was evidence that the Deputy
Sheriff conducted the election at the Court House, and
IN the absence of all proof that he did any thing wrong,
the natural presumption OF law and justice, and reason,
was, that he did precisely what he was required ts do.
The High Sheriff did not conduct the election at the
Court House at all, and was not in Winchester on the
day III question.
MIR. BnowS Of Preston, supported the view of the
case taken By NE. Byrd.
Mr.. GoopE, al great length, took the same side oil the
question, and replied 10 MIR. May.
Mr.. Sco:r, al equal length, supported the report Of the
committee, and attacked the argument Of Mr. Goodc.
MIR. B,YIy stated Tie d.!licuii:cs he had IN making
ND his opinion fer want o. information; and added u
he could MT obtain il, he should not vote at all.
Mr.. WHEY vas excused from voting by the House
MIR. RIDLEY SAID that many members felt a difficulty
in voting, the report not expressing 10 whom the greai-
or number Of votes was gwen. To obviate tins di'hcui-
", he should move that the report be referred back to
the Select Committee, with instructions to report upon
tliat fact.
Mr.. MAY said he could not, for the life Of him, see
what the majority of the votes had to do win Inc
rrIs -. - h. 49, a n n lh.
Committee Of Privileges and Elections. Their duty
was simply 10 enquire which Of the returns was the ie-
gal one.
The motion was acgatlYcd.
The ayes and noes were then taken upon tho morton
~ amend the resolution OF lie Committee, as follows:
.iops- 3rssrs. Carpenter, Hannah, Jones, HasAins,
Meredith, Burlington, Burwr!l Of Clarke and Warren,
Wood, Johnston, Gnerrant, Butts, layl"r 81 ilai'ax'
Lee, Smith III. OF W =, Davis, Dahney, Hahern, ballard,
l Marshall OF l., Booton, Dogs, Bryan, Goote, BOYD
| Clayton, Tanzry, Chapman, Wade, Smith Of Hidden
MPhcrson, Burner, Brnvn Of Preston, Heath, Ra,cl'n'
Snidcr, Smith Of r., %Shipman, Cowan, ccv'ns, Conn
Williams, Ridley, Warren, Prince-lo.
.yos-slessrs. Southall, (~Speaker0 Chopper, Coles
CabcIl, McCue, Byrd, Burwell Of b, Mitchell, Vando
rem. Fryatt, Jackson, Kyle, Flood, To!er, Irvine, Cur
bin, Cardwcll, Broadus, Irving, Cotton, Roane, sang
+ s,cr. scott. Marshall Of +, M'Lqughlin, Payne, Des
: kius, Woods, Hale, Smith Of Gloucester, wilkinson
Erskiae, Vance, Odcis, Thompson, Mullen, NJ Kae
Hamlet, Gregory, Stephenson OF Jefferson noFsh'h@
: ,... nnnnrlly. Ia, Joe Of Kin. George, Tayloe OF Ian
, caster and Richmond, Ramey, harrison, Caldwell, Or
4 rick, llarrell, Brown Of y, Taylor Of y. b, Lang
5 horne, Etleridge, VERIFY, F,z.erald, M'Connell, Chca,
e ham, Hiner, May, TunsialI, Keen, Porter, Burke, II
lott, STROLLER, Robertson, Dorman, Leyburn, Tat
d Critchield, SPOTS, Stephenson OF Tyler, Goodson
Walker, Stephenson Of Wood, Fulion-77.
c Tie report and resolution were then agreed to.
! On the motion Of Mr.. MAY, all the papers and docu
f ments connected with the contested election from Ere
D derrick were referred to the standing Committee Of Pri
5 viIcges and E!ections-and tbs House adjourned unit
a II o'clock on Monday.