Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-12-15


kssrscrrtLLY RKrKDrSr-s
rh.t at ths election lately held the State Of Virginia
fo The sxfh Congressional D~ifiet. composed OF the coun
t,s. OF chn-ersld Powhstan, Goochlsnd Louisa Hano
,.r IIearioo. and city Of Richmond the Hon John w
Jon~s and your mcmora-t candidates; and, within
prescribed By law, after the close ct the election
de sheriAs Of counties, and the ot the
city, composing the district s.sembled and upon eonpa
son IL the polls returned the said Jones elected his
.rty In The district estimated - and they gave
him cerfcse Of election; that upon an examination OF
poll books made BY your menorinis IN person. IN the
civ aforesaid and such counes accessible % him,
and By his friends the remote, your
rs- became satisfied that he had received majority Of
the votes OF perrons qualified BY the constitution and laws
of Virginia, exercise the night OF suffrage, and that no
consequently the fairly elected Representative OF the
District
Their. being no State Federal law regulating the mode
Of eoniesing elections for scat in the Congress OF the
United Stses your mcmoriaisi guided by the law eeula
ting the mode VI conducting contested elections for the
State Legislature proceeded far that law could be
made applicable the snd notice to the member
retained Of his intention contest his night TO occupy
sect on the hoOr Of the House of Representatives the
Representative that district st upon the ground hs
your memorast had received majority OF the votes o the
legally qualified of the district, given the polls;
and sccondy that he should claim have the poll taken
and held county OF Chesterfield aside null End
void. the ground that essential and indispensable
Vision OF the law of Virginia, directing the mode OF
Quoting elections in that State had been dsregarded and
complied with; there being but one polkcePer in that
county. when the law imPcntivey required that there
should be than
This notice. on the part Of YOUR memoralst
panied with s OF the objected to the poll OF
The member returned with the ground OF objections attach
ed 10 the name of each voter required by the
above referred TO; and IN due tme your memorast
crived from tho returned member similar hist OF all
objected poll your memorialist, accompanied
with tho ground OF his objections also The parties each
then proceeded either in person by attorney in the
spectye counties and cty take such testimony
deemed necessary establish his claim the and
your memoraisi that he received majority of the
legally qualified votes given at the polls which he ready
establish by the testimony submitted on both sides and
therefore claims the right occupy seat in the House
Representatives as the duyeeeted member from that Dis
uict-
Your memOras further claims the right 10 occupy seat
member OF your honorable body, the ground that
the election held in the county OF Chesterfield, where the
retained member claims 90 have received majority OF three
hundred and fourteen votes not held according 10 law
and therefore null and void The Language OF the law
10 which your memoTas refers, is 10 be found IN the LIST
volume OF the Revised Code chapter $50, page ISL and
IL rs follows:
"The persons authorized by law 10 hold elections
members OF the General Assembly in each county CITY,
and borough, shall conduct the said election or members
OF Congress) which determination shall be had by
view; but each person qualified shs fairly and pub.
hey poll and the Of the shall be duly entered,
under the n the person voted for proper pObOOk
be provided by the officer conducting the election Tor
which purpose he SHALL appoint SO msny tsrs as he shall
think t who shall respsefrsly take an OATH TO be admin.
stered by him. make solemn affirmation that ey viii
take the poll fairly and imparay he shall deliver poll.
book TO eaoA writer who shall enter in distinct columns,
under the name OF the person voted Tor the name OF each
eleetor voting for such person"
IL Sc manifest that the law here reced requires that
there shall be than poll keeper-not idle
form OF ceremony, but Tor the important and substantial
purpose OF preventing and connecting that would other
wire surely arse-sometnes by accident; possibly, in
some instances by design being obvious that the most
pracneed and sku poll keeper, winter could scarcely,
by possibility take poll rapidly and hurnedy from ten
o'clock in the morning until sunset 'a' which hours the
polls usually open ans cose without committing great
number OF Mistakes ny setting down the name Of the
er m the wrong column and an examination OF any poll
books IN the State will shew where more than has
been kePO constant mistakes and erasures arising from this
cause winch are detected and corrected only oy the check
which one poll keeper has upon the other Such has been
not only the uniform construction Of the law and practice
N the STATE but such has heretofore been the decision o
te House Of Representative OF the United States as TO the
hece'Ay OF conforming sirle'y To such provision OF law
where reqnired-See volume OF Contested Elections, IN
ne case OF a'on w. Scott page 2'o, where II Is settled,
at more hnn one clerk Is required, acts done by one
ony are nltogether insutfcient)
uPoh hH grSvha men, Your nemorlAilsi claims 10 have
e seuon he in '"e county % Ches'eea set sr'de as
h'sg~ aAa No,u-
1910 =, Hsi.u' Iesu'ai's "' thouo o, eYhaoenhg
i"'.I Sui'e', a. nun Pe''slpie 10 IN. IegAhy {"
.Ie ta' u. sne OF o'f oniceL e9ndpcunK the
eeuoh slai sAe Ihe o"ih h'ieiI Pschri, "nch j. I"
, u. w IppOn'e1' % u'e I,eTisei N"ue' III ". e''
ehue" IAn ".' eO'e-Its general elechon. IN tins Com-
a,a' ''SP'e' &C. Se'u"n ILL., page Io'' and Is as
90,
sunni w ule uui u every s'e'i, OF Ot'ef ohiceT' De-
y " tl s" iO4'' i" o'Nt , p'Se coma "eiIAs
heCor, som. i,.cc of The ,c,es % ,t go" 80,
or borough m which sucb eIscn :; g, he ia ~ f
inOo afh afr \ A,
e. a. ,ha 60" - >, -, 80 w o,e'''ig S"I' o'
20 he held for dclcgo,, or sensi, ' b 90 @
90 the Genenl AsssxbIv y, ,bIs C,,Ih 10y 49, o.,
county ci,y ,o,., horo,sh o. 49,; S.",";.a 'O ''
in The nresent vs,r y,; ~ ,ta 80, -. ~ ~ q,
and udsnent ADM, nj nc,.,,s -, 90 ,,i'iai ' M
md Te'cc, ali M, so ,,d h, 49, ~ w
or otheyyyi,e sf,cmp, ., inGn.nco ,b 90 no. ~ 20,
" ~ -iI."p' ~ ii'NuenoT he No'e oi any per-
OF person voted for and that ns IA, A. dsuerJs .,
me- | will make \ usi t,ns and fair rc,,r, ~ ,tc
yesuh Of said eieefio5s aee,rd;og 10 Ig,r =, b,J me-
Cod The justices Of the peace before ,.hot, t said ,a,
ar affirmation shall no tak en- ,rd ,hs,tJ Ls -, a.
same aitested by hmsef I, the e.rk of bq cnnnt r,
town or borough 10 be by him fled and nrss,sd al
by the 5sh seetion Of tie S9,o NO, :, !, r,d. i,'.
ON the officers condurti7v the eer,;1, f ..E, - l,
y,sss % take the same ,,bs b,for, ilo Ie.,f, .s
ces so tina; he il NOT authorized 4, receive ~ r, = o.
oil he has thus qualified: and ,oy act t -
fore he is thus qualified is no, III .i,l and -
And your memorials, aver. tb, n,iyi,5.l, 49,, 80;
provision or the law and r,r,,n1,,, 90 ;.,i . 80 rs.
GER the sheriff c,nfu,,,g IN, cIc.,,a, =, 80 -. -.
,h. -. - S,'li"b Wv '.o', ''i ~ met l
ssora; M which pr.rint I I t - '
Der returned was more Than e,s ., H. r;i ~, NV ''