Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-11
THE LOUISA ELECTION.

IT.. ou;s, case il not vet taken up in the II Of ID
We are informed BY Of the COMMITTEE oil Privilege,
ard Elections and make the correction WIN plea
sure that we were msiniormed IN stating, that alter
receiving the depositions the Committee reversed their
decision and excluded them. The TACT IS, the Com
n,ittee took question on their admissIhily, but
merely read them enable them to state the facts -
the House-and of course did not reverse their deer
sion.
We have seen the Report of the Committee in part
nd we are under the necessity Of differing entirely
from their resolution, "Tha the said dispositions be
pc,ed" Itappears from the Report OF the COMMITTEE
That 10 of the dispositions werc taken IN hr absence
If the contesting candidate, and without the due
vice Of the notice upon him.; but that q Others
dulv taken-and that these dispositions establish tie
legality of eleven votes Lpscombs poll WHICH tie
Committee had originally sci aside as illegal tThs
would place Lipscomb III ahead Of Melton under Inc
,rosent aspect Of the question before the House Tie
following affidavit shows, why these dispositions have
not been sent on before:
"Cny Of Redmond 10 rd
us,ce of te peace for the city aforesaid, and made
The dispositions enclosed in the packet sealed ana Delivered
Mr Chapman House Of Delegates, taken before him.
justice peace for Louisa county and Were lei ~ m hat'
@ ass9 oa a 70 s e s ss !" ~ n @ a 81, M
from M Lips Onb that me! should DC Lei nnl
from hc parties that the law required tie
Jeposons 10 be forwarded the clerk Of The II"nr De-
1911, when he delivered the same 10 Mr. Chapman
ye,, Issi '""'' '"' siM'I r. PULLlAM, L,l.Ll'
Notwithstanding these circumstances the COMMITTEE
have determined reject the depostIons and thus TO
assign the seat TO Melton (lhe Wing conesing canci.
datc were hard law indeed TO exclude the people 81
Louisa from justice, upon these grounds Inc depos-
lions were taken within time hat 80 days before The
meeting Of the Legslatne) That Is admtted-Ent
the Committee say further, that the law requires them
to be sent tciho delay the Clerk-and they argue,
ar depositons may be received at any time after the
meetinr of the Legislature, it obvious that the most
serious Inconvenience will result TO the business Of
the session. whilst the sanction of such practice VIII
mt il in the power of reformed member, by pnrpoty
Withholding portion of his testimony to pr"crasnate
al pleasure final action upon his case. wow, The TACT
is tina, it is not too late TO receive these deposilions
the case is not derded much less, "the conesng can
dida,c has (not) been admitted 10 his seat. The
whole question is indeed still open before the proper
tr;buna and moreover there is not shadow Of er
dence that these dispositions "purposcly withheld
or that any "inal action was purPosely "procras.
mated" This case could never therefore be called N
as precedent Hr any such abuse. On the contrary
was there ever stronger made mp for The liberal
Judgment OF the Legislature, Could any county ever
appeal with more proprety for justice: The majority
of their votes appears 10 have been gwen 10 Lips
comb. Some of these votes, however, were disputed
and he, whose business IT was TO see them rightd
took the necessary dispositions 10 subsantiae Ms seat
but of these dispositions were cii IN The hands
Of the magistrate AT the request oil Neltnn-hen hrid
up the request OF Lpscomb, who forgot I" attend 70
them the midst Of his very interesting domestic en-
here To vndcaie the rights of the People, and to clam
the admiss,bty of these deposi,lons Shall the rto
pie of Louisa suffer under such circumstances and
how could such precedent ever be called IN by ere
turned member 10 Justify procrastinaon, when IN tins
case there is in fact returned member at all, who
claims his seat
But the second assigned By the Committee, u
true all, pleads trumpe tongued against Elisha Mel
ton lie should be the last upon this earth to cam
the benefit oft The Committee argue, that these DE-
positions "werc not sealed up when the witnesses had
finished tes;ifyng but kept open, and in several eases
without the certificate of the justice Tor
long period Of time; whereas, the statute requires,
not only that the dispositions, in all cases, shall be for
wardcd without delay, but that they shall be cert
fled and sealed up; the obvious intent of which Is .
guard their sanctity-an intent which must BE- wholly
frustrated if they permitted 10 remain open and e.
posed, as in this case" We shall not examine The
force of this technical argument but does not appear,
that their "sanctity was invaded or that the slight,
est muation mischief has resulted from their
having remained open But Of all persons, That
Elisha Melton should be the last TO claim The benritoi
such an argument. II at his instance, appears
by the affidavit of the magistrate, that they were no;
.'seaed up, until he could them We repeat,
therefore, that Elisha Melton dare not take his scat IN
der such decision if the House should IN hap.
less hour sanction the report of the Committee