Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-04-01
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COMMITTEES OF PRIVILEGES AND ELECTIONS.
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complaining Of The undue return of George Fyfrrsr
aid the delegate returned represent the said coun
~ OF .keftorsy in the present house Of delegates
theremonstranco Of sundry other citizens Of the SAM
20 them referred, have agreed upon a report, anc
come to the following resolutions thereupon:
The said memorial sets forth, that at the late cleo
tion, held for delegate Of the general assembly, in
the said George Fitzgerald were candidates, ans
thatat the close ofthe polls the said Booth had re-
ccived two hundred and nine, and the said Ffxger
old two hundred and six votes. That the vote o
ooe John E. Holt was received and cried, by the Of
hcer conducting the election, for the said Booth bu
was not recorded on the poll-books That th,
Of six persons who offered vote for the sale
Fitzgerald. whose votes were objected to at The time
and who did not make the oath required by law
entered in separate list; and the votes af two
other persons who offered to for the said Booth
were, under similar circumstances, entered in anolh.
or list
That upon this state Of facts, the said Booth de-
manded Of tho sheriff the return and certificate oil
the said Fitzgerald, and that thcrcupon the said
Booth gave to the said Fitzgerald written notice OF
his intention to contest the legality Of the said re-
turn, before the house Of delegates
The said memorial further sets forth, that the me
morialsts had then, T. c. on the Sd day OF Decem-
b6 ls40, for the first time, learned that the said
Booth had abandoned the prosecution Of the said
contest and they therefore pray that the facts in re-
ference 10 the said election may he enquired into,
and IL the conduct Of the said sheriff shall be deem
ed illegal, that the said election shall be declared
null, and a writ OF election issued, &c.
The said remonstrance sets forth, that there ex-
lists no good reason why the prayer of the memo
riahsts should be granted. That the said election
afforded full manifestation of the public will, and
that the poll books prove that the returned mem
Der received a majority Of all the votes polled.
That the certificates Of the writer's and the sheriff
who conducted the election, were placed on the
poll-books behind all Of the votes, and do actually
embrace within their scope the whole number Of
votes poed, and that consequently the said sheriff
did rightly in giving the return to the sitting men,
Der. The said remonstrance objects 10 the admi,-
sion OF the said John z. Hollis vote, and on the
ground that any irrcgularity or informally that NAV
appear on the face Of the polls did grow out OF
intentional misconduct Of the sheriff, but probably
was occasioned by certain propositions Of the OPP
posing candidate, not we'll understood at the time
protests against the same being received as sufi
Gent TO vacate the said return, sc.
The sitting member objected 10 the consideration
OF this by the committee, stating the ground
Of objection, that the said Booth having surrendered
his claim 10 the seat, no one was authorized to
question his right thereto. But your committee
having duly considered the said memorial and re.
monstrance, and being Of opinion that the voluntary
withdrawal from the contest, in this case Of ono Of
the parties, cannot TO the benefit Of the other
s. G. that it cannot have the effect Of lesazing the
return, which, OF itself, not authorized by law
and being Of opinion that the matter of the said me-
moral was proper subject of enquiry before them
turned their attention TO examination of the act
concerning general elections passed pril 3d. ls4I
NO separate poll or polls being authorized to be
held in the SAID county OF oitoteay, the said cleo
ton was wholly conducted by the sheriff thereof
The llth section of the said act, amongst other
things, declares that the sheriff, before he COM
nences taking the POLL shall take an oath 'that he
will, to the best OF his skill and judgment admit all
persons TO vote entitled do So and reject all NOT
SO entitled" And that it shall be his duty not to
enter on the pooll-book the vote of any person,
VINO may oner 10 vote, unless he believes such per
son to be qualified TO vote" or unless such
shall take specified OATH which the said sheriff is
authorized TO administer.
The 18th section declares that the sheriff shall ap-
point convenient number OF writers 20 take the
poll, and shall deliver TO each writer a poll. book
and that u shall. be the DUTY Of such writers TO en-
ter the name Of each candidate in distinct column
ut the head thereof and under his name, in the
same column, the name oil every elector who shall
vote for that candidate.
The 18th section declares that the sheriff. when
he shall conclude the poll in any county wherein mo-
separate poll may be authorized TO be held shal
forthwith declare the candidate for whom the great
10 be duly elected.
And the 2lst section declares, that the names of
electors offering to be poed, but refusing TO make
the oath or affirmation mentioned in the IN section
snail be entered on the polls, in separate lists with
the names Of the Candidates for whom thew voted
and shall be added to the poll IL upon scrutiny the
votes be JUSTIFIED. But the said act no where en-
powers the sheriff, after he shall have closed the
poll, IN aseertaihing for whom the greater number
OF votes has been given count the names of tbosa
persons 50 entered IN separate lists and whose votes
were not received by him as legal, when conducting
the election.
Upon tins examination, it appeared to your com
mttee that, according 10 the shelving the said me-
moral, the said sheriff had manfestly exceeded his
authority in the particular complained Of and had
ILLEGALLY gwen the return to the sitting member
-FOUR committee thereupon proceeded 10 the in
Vestgation OF the accompanying documents. These
consisted OF duly certified copies of the poll-books
taken at the said election sundry examinations of
witnesses, and notice of the sitting member To the
said Booth, and ortwo extracts from the records
OF the county court Of the said county, which will
be hereinafter more particularly mentioned.
BY an inspection OF the said poll books il An
pears that the of209 persons are recorded in
appropriate columns under the name of ESlein g.
Booth, and the names Of 208 persons are in like
manner recorded under the name Of George Fif.g.r-
aid That on the back of the said poll books, l.
on the last page, under the head Of doubtful
votes" the names Of two persons. viz: James r.
Collins and Asa Beyille, are written under the
name of EdtDin C.. Booth; and the names Of air
other persons. viz; Archibald Barton, Ed. Dillon,
Thomas b; Spain, Benjamin B. Palmer, Martin
Blake and John q. Leneve, all in like manner writ.
ten Under the name OF George Fitzgerald; and inn.
mediately following the said aforementioned names
are written the certificates Of the writers and the
sherln, verifying the same IN the usual form.
The notice Of the said Booth TO The sitting men,
Der, mentioned in the said memorial, nowhere a o.
pears among the papers referred, nor is there snv
proof that notice had ever been given; the sitting
member expressly declining 10 admit before vouI
committee, the service OF any such.
II. X. Anderson OF the county Of .Nottopav. an.
peared before your committee, especially CHARGED
by resolution ola meeting Of portion OF the ci-
items Of the said county, with the prosecution OF
the object Of the said memorial, and at his instanc
your committee having first duly notified the cit.
ting member, took up this case out Of the order in
which II had been referred 10 them, 10 which the
sitting member objected, on the ground that the
I7lh rule Of the House. which declares that cal
bills or other business shall be despatched in the
order in which they are introduced, unless the
House shall direct otherwise in particular cases.
applies TO the committees, and regulates the orde,
OF business before them. Your COMMITTEES beg
leave 10 state that they would not have deemed 4
necessary 70 mention this objection in their report
but for the formal request OF the sitting member
and now, having stated II, they dismiss il without
eminent.
When in the course Of the investigation. YOU
committee were about 10 read the examinations o
the witnesses, the sitting member offered and in
sisted upon the two following exceptions which RI
here given in the words and figures following, viz
81 object 70 the whole examination Of testimony
purporting 10 be taken for the benefit Of r.
Booth, because he has filed no notice Of his inten
ton 70 contest my seat in the House Of Delegates
and on account Of other informalities in the evi
dence-NIth this admission, that the deposition o
Austin - Fowlkes was taken with my knouledg
and approval, and may be read if any evdenc,
taken by z. @. Booth 10 allowable under preyjou
objections make these objections because NJ