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


-'sndins Ms plain prov ,-ion Of the isw and para
mount obligation ~ NE officer. The sheriff conduct
Ing the slecfon NJ Povs precinct. IN the eoousy Of
Go ehland. elected aud omitted % he sw.n; a
which precinct the maturity CLAIM ell by the mesnher
reformed more than equal To his nsminsl mojo-
rl,y in The whole district. Nor dues my Justice OF
the PEACE "a rtsiy tkai he was sworn; nor n any
such vash. ceu,6ed ny The jus,ice<f the peace. 81
required, filed IN the clerks siiice oi Inc county o.
Go.chinnd.
The Sih sccfinn OF the same oct, page ll6. also
requires the snpernsenseuss. os conuissis ness Of
cleci'ars. to take oath prescribed fhescin. e.
follsws .i-.,..-
la do s'le~nly swear Zoe sfiru) hi,hfaIly
and truly 10 the offcs I'll superintendent OF
commissioners. Gas The cass may be)shai " ni. 10
The be-, Of my skill end Judgment admit NIL persoss
On v'to entitled 10 do and reject ell snii-
lied; mud ihni Will see the poll fairly taken. and
will ceruiy the sane riding 10 law; 20 help me
God which ea,h.-or affirmation. shall be aiiesied by
the justice Of Tho peace before whom its taken.
md returned by han the clerk &c the curt of the
county. 10 be by him filed and preserved; aud the
said justice OF The pesre shall give each supcrin-
iendent aud commissioner q ceriiirsie that he had
taken the oath pre<erbedby this act"
Here. thea. tao provisions Of the law designed
10 preserve the purity Of elections which your me-
IN orislis ayers have been disregarded; Er, by The
par<n Concerning On, election, fled in the cIcrk's
oath was administered TO John Mills. ane Of the
commissioners super intending the elsrions held al
that psecinct-therw being noshing ON file in that
iice relating 10 his oath beyond The allowing words
81 I'm ID Mills. do soIemniy swear ihai Will
aihlnliy and truly execute the sce Of snperi ten
'ieni;"-a f'rm which seems TO have been prepared
IN order 10 he executed. bot which, for some cause
unknown To yuur memoralisi. was afterwards
neglected 10 he executed: kr il 10 not signed by
John ID Mills. n II aiesied by any Justice Of The
eaee;nor u il stated when he :endetent;
where he WINS superintendent, or Tor what election
ae was superintendent.
Nol is The oath subscribed by John ID Turner,
another OF the commissioners experimenting the
elect n held st that precinct. aitesicd by aIy JUS
ticc ofhe peace. required by law; nor do any Of
the certificates show or what election be WIS super
inienaent--there being Two elections held al the
same time and plare. 70 Wit, for q county
Delegate IN the Stale Leisaiure and the other Tor
la Representative Ia Congress- all winch defects add
irregularities. cUnsIit"tisg NJ informal aud illegal
proceeding appear mon the face Of the recor ITSELF
as we'll a. from testmony taken by the parties io be
submitted 10 the House; and which, OF necessity
viat the election held ihoi precinct ACCORDING 10
the law. OF the State OF Virgda. Ms well rs repeat
ed decisions heretofore made by The house of
Representatives ia similar cases winch are 10 he
found in the volun al Coete~ied Elections where
the principle Is sctled land which has never been
Sfhcers conducting the election 10 take the oath
prescribed i'y law viiistes their acss-Ses McFar.
land Us Purviance. page 1871 Mcfarland ps. Cul-
pepper page 22l: PurerfieId ps. Mccoy page 267:
Eas'o us Sco.t. page 26i; and Draper ps Johnson,
page 702.
Nor do your memor last hesitate to affirm that.
II these facts had been known al the lime and the
attention Of the officers making The return and
granins the certificate has been directed To them,
The relnrn would have been given To him. and not
10 his competitor; aud that no impartial and well
informed Officer in Virginia would have lei himsel6
at Liberty 10 recognise paper imperfect and
detective on MS face as a poll hook. which he was
authorized by law 10 regard as official
Other material defects also appear UPON The face
Of The recsrd. which, will be Rolk ed hereafter AT
mere convenient lime and place. Bot yuur memoir.
ak. conieEng himself for the present will, This
recital Of the law aRd the facts touching his claim,
and reservirg the argument for fugre occasion a.
The bar OF The Hunsc where he hopes l be admitted
'of me 7nrPose here reileraies his right 40 occupy
seat IN Tho iI"se Of Representative rs The elected
member ~ the district from which he comes
lsf Upon the ground that he has received
msJsiy Of The VOTES gison NJ The polls by persons
possessing The constitutional md legal qualifications
Of voters in the disirici.
IDLY. Upon the ground that the law has moi b.en
complied with in the election in the county Of
Chesterfield. in of lis most imporap, prov.ioos
whereby such election must be declared null and
void; and
IDLY. Upon the ground that The officers inc
the eiecion Of one Of the precincts 10 vii Poors
precinc) in The county Of Goochland neglected ami
omitted 10 take the necessary oahs required be- Ia
before they were authorized TO proceed IN ,as
eieei'oni which, both BY law and precedent,
vHiates thor acts.
YET e. your nenorialisi would not consent 10
occupy seat which was obtained by the EXCLUSIVE
Of The vote Of single individual qualified bv he
Constitution and laws Of Virginia to exercise the
right ofsuhrage, and notwithstanding he IL prepared
b establish his majority OF legal votes b. testimony
that isindspuiabls and irresistible 70 al mnarsiaI
minds. nevertheless. in order 10 save fine and
.foaoie' and 70 avoid public expense and the angry
feeling ihai Night arise iron proiracied nvessee
ton and discussion of the subject ne Il ,iIl,r~ \,
submit 10 The committee and the House NJ. I.,,s,
groonds Is preliminary legal questions, and Cor The
present 10 waive all right occupy he seat an ,6s
mrs. gronnd--is wit. ofbaving received a ,,.l,r;,s
OF legal votes Al the late election. And M Dor,
honorable body should concur 10 the view presented
o. We h'egalliy OF the elections held in the counts
Of Chesleihed and at Po0rs precinct m The cs,..,
Of cooehland and should declare vour r.ssco,.S:.,
entitled iooncupy the seat held by his tono-. ~
eoppes'or by virtue Of the exclusion Of she iii,
iskrn 81 those places, y0ur rnesnor;aIi.f 49,
oernsion here 10 say that he would hold 1, =, ..
unworthy Of himself and Of Ihoss whom he ola;,..
- MS constituents 70 occupy the seat for a sinvle
nour and that he would Instantly vsca,e II. sd 49,,
the auss'loa back TO the people. that here MIA, -
iui and far expression Of the opnlsr viii s.s
representative selected conformity 70 Inc o,.,i
Sons OF the Constitution and laws Of m. 49,. II
And That this view must 10 taken b. ~. H..,,-
upon MI and impartial examinaIaa Of he ls,-
snd zoe iacis, youF memoriaIist canno, ,.,r,sl
himself 70 doubt, for he viii o. lndnlre h sol
apprehension % rrejudcal 20 the inisery AZ 90,
hoaorao'e body a. 10 suppose that BY the si,e,; ,
hs competitor (whoas night 70 occupy : ,,,s h, 49,.
BODY was dspufsd) 10 The distinguishes $500.