Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-12-19

House al Representatives. ind claiming them fH
themselves. A. the memhess elected according 10
he constitution and Laws Of virginia-
MEMORIAL OF Mr.. BoTrs.
To he honorable Speaker aud ne~ters If ne Hous<
Of Representatives..
Your mem .rislist. John NJ. Baisr respectfully
represents That the elecIoa lately held in rhe
Safe oi Virgins for the sixih congressional district
compssed oi the counties VI Chesterfield. Pssxhat
IN. Gooehiand. Losisa, Hsn"ver, Hennco. ana ihe
riiy o. Richmond. The Hon J. In W. Jones and your
memofialssi were candidates aud. wnhin the time
prescribed by lew. sfier The close Of the election
tie sheriff Of the several coannes. and The mayor
Of The city composing the district. assembled; and
mon conpari-on of the p,lis. returned the said
Jones - si~csei his msj,sity in the district was
estimated 81 thirty two. and they gave him cer,-
ncsie OF eiecs'oo; thai upoa an examinsi-n Of The
poll books. made by your memorialiss in person. in
ihe city Aforesaid and such counties ss were sccess
BILE W him. cad by HE iriends in The csunlies more
remote. your u.emoralist bec.ns satisfied that he
Led received . najsrsiy of The votes OF persons
qualified by the constitution and laws Of vmEinis
70 exere'se the rEaf Of ,ufffsge, and thai he wss
consequently The fasly elected reprsn nisive oil the
4 district
| There being no State or Federal law rssuls,ins
The mode VI combating elecfpus Cor seat in the
Congress Of the United St,,es. your memosalis,.
guided BY the law regulating The mode of cuuduci-
i e..
pfoeeeded lar as that law could be made applica-
Ole 10 the csse, AID gave notice Co the member
4 returned. Of hfs intention contest his right 10
occupy seat the H.spr of the Honse Of Repre-
sensives as the representative Of Thai disrir: firs
uyon the ground that yvur m<raonslist had received
majority Of the votes of The legally quahfird yo-
tr" VI the district, aid secondly that he should
Claim TO have the poll tken-and held in the conn
" oi Chesterfield setEasde null and vud, on the
Kiound that necessary aud ispsnsabe provision
oi The law OF Virginia. directing The nude Of con-
d'cung elections in thai Stale had been dsregarded
sna MOI complied with; there being hal one psll
keeper IN thai cOunty. when the law imperatiyely
REQUIRED that there should le more than oi,e.
ms NOTICE ON the part Of your memorialsi was
accompanied by list al the voiers Objected 10 on
| me poll Of the member returned, with the ground
OF objection attached 10 The 81 each voier NJ
required by the Static law ahoye referred 10: and
| !" Que ume your memoraiIst received from the
rsiuzned member. simiia list OF all vutes ohiecl
ed 10 on The poll OF yoar nnemorslist accompanied
with the ground Of his objection ass. The p,rtirs
each hen proceeded either person OF by attorney
IN The respective counties and city. 60 lake such
'ss' m"ny as was deemed necessary 10 establish his
riam 10 the seal; ana your mesDoriaIst AYERS that
he feeeived majority OF the legally qualified VOTES
given ~ The polls which he ready TO establish h,
the testimony snhmitied bnth sides and therefore
claims the right To occupy seat in The House ol
Representatives a. The duly elected member from
| Ihai district
Yoor memorillisi further claims the RICH, 10 occ,,.
| ~ seat as a member Of your honorable b.,dy ON
The ground that the election In The county Of Che--
'erheid where The returned member claims To hay
received msiorIiy Of three hundred and f,ar,een
vo'es was not held according 10 law. and IL there
lore null and void. The language Of The law Ia
which your memoFalIsi refers. 10 he FUND in the
mrs, vslume OF the Revised Code, chapter $50
| page Isl. and II follows;
The persons authorized BY law 10 hold election,
Tor members Of the General Assembly in each coun.
~ ciiy. and borongb. shall conduct the said election
or members Of Congressl At which NO desermina.
aiion shall be had by view. but each person ouali
ned 10 yoie shall IaHly and publicly poll and an.
name Of The voter shall he duly entered under the
name % the person voted far in psoper poll Sooks
TO DO provided BY the officer conducting The eIec.
lion; Tor which purpose. he shall appoint 80 MANY
nrtfers a. he shall think 81. who shall respsr tiuey
take an oath. 10 be administered bv him. ar NATE
solemn airmarion that they will nike he ,.oI r.;
" and Impanially; he shall deliver a poll book 10
each Firer, who shall enter in stncf colunns IN
DER the name Of The persOn voted for the name o,
each elsetor voting for such person"
~ - manifest that the law here reoiied requires
mat there shall be than one poll keeper- M,
as On idle form or ceremony, but Tor the important
ana substantial purpose Of preventing and correct
ing errors thet would otherwise surely arise--some
times BY accident; possibly in some instances bv
design il being obvious that the most praciissd and
skiiliui poll keeper. writer. could scarcely, By
PSssle'liiy. lake poll rapidly and hutriedIy from
~ O'Clock ~ The morning until sunsel (at which
nouis mo polls open and clOsc) without COMMITTING
great number Of mistakes. BY setting down The
name OF the vOier in ths wrong column and an az
am naii0n Of any poll books in the State will show
where more han one has been kept cons,an,
mistakes and ensures arising fhom this cause which
ne oe,ee'eo and Corrected only BY the check which
ohe poli Keeper has upon the other Such has haen
not only the u0ifDrm construction Of the law and
practice an the State but sueh mas heresoEsrs hesu
me dscision Of the House Of Representative Of Inc
onHed STATES as 70 the necss siiy Of eonform,ae
s,neiiy 10 the provision Of law where required =
zee yV'"ne OF Contested ElectOas in the case Of
ason Va Scott. pagd 276, where IL IL settled fb.t
y more than one clerk required, acts dune hv a..
only are altOs ether insuficisnLY
Upon THIS ground then your memorialsf claims in
have The election held in the county OF Ches,er6eId
sei aside as illegal and void
me law Of Virginia regulating the mode Of
eoncneiing elections fuSthsr REQUIRES
ss Indispensable TO the legality Of he election shall
sEe me oath therein prescribed. which is 20 be
bound IN the Supplement 70 the Revised Cs,le In ,hs
aci entitled AN act concerning general sIections h
Ins Commonwealth" chapter So page ioI. and is
ia she'll be Ihs duty Of ever sheriff n, oh.
officer. before he comlnsnces sakine p.li ., o,,s
wise conducting election provided zoe in This sc,
% lake and suhscribe. before some justice Of Ihe
peaco o. he county. city Town o. borough in svb;rh
such On election - 70 Be held the f,lIowIaa o. =,
aii'rma'ions 4. "A B. DO soismnly swear To- af,,s.
me case may be- fhai, IN conducting Ire eler,ion
\" ne held of delegaie senator a. Inc co. -.
he) n ihs General Assembly Of b,s Conm,n,...s,2
o' me comfy, CITY. town. borough. % election d.,
H'eio - % The piesrni year I will. Al ,b.
oes " my ski end Judgement adaii III ,.,... =, l
yde entitled 70 Do 20, and reject Ell no, :, .o,,l.d
.'-I WI not persuade o. otherwise attempt 70 u,