Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1845-08-05
To the Editors Of the Vhig:
THE SENATORIAL ELECTION IN THE NORTH
ERIN NECK DISTRICT

10 the cuHTs u thc
THE SENATORIAL ELECTION IN THE NORTH
ERN NECK DISTRICT.
Its known to the Public, that the result Of the above
mentioned election involved in novel and peculiar diff
euues. But the questions arising from il have far
ssis known the writer, been alluded To in the public
prints II is proposed present brief statement Of the
case, derived from the most authentic
Prior the meeting OF the Shcrfs Tor the purpose
comparing the polls, certifying the election, and making
the returns, required by law the belief the
district. that James NJ. Smith, ESD, of Northumberland.
was elected by small majority. When the Sneris met
II appears from Of facts signed by three OF
them and file IN the Clerks Office Westmor.and Court
House. Tint the poll taken Stafford C. H.
"ed by the officer under Commissioners conducting
selection the law directs aud the Sheriff o Lancasicr
produced poll but stated that the stood Lew
''s IL and for Smith l0O-the Sheriff 81 Northumberland
produced the polls from his county, the taken the
'C. H. certified by Thomas Sydno Com'r.; no other
"Comr, the Sheriff who conducts the election, sign
ling tho certificate; the poll taken at the Burnt Chimneys
ain Northumberland. certified by II. Claughon, VIM
Henderson and Chas. d. Turner Com'r; but the officer
'conductng the election, Jailed 10 the ceTtcae-the
''pol taken at WIcomico Church has certificate but
under the column OF Mr. and at tho close OF
"the poll, Jno. II. Harding, CONT Robert Pnkard, Cyrus
"Haring aud Cyrus Harvoy's signed of Ger
Conducting the election failing certify pu the poll
taken nj Burgess Store Is regularly certified by
"Com, but the Sheriff conducting election failed To
on IN the ceItcate they therefore, considered IL be
their duty to REJECT the said polls because they
certified according law, aud granted certificate Of
ton 10 George w. Lewis, Esq. The three remaining
Sheriff, granted a like certificate TO Mr. Smith.
Here then n OF "dOuble return each &c oman
holding like reurn signed BY equal number the
turning officers each with equal pTIna tgeie right 10
demand a IN the Senalc-and each precluded by
proper of their right from conlesng the clam Of
the other in the provided for in the election
II the polls had been legally authenticated there
majority MIR. Smiths favor Of - MIR. Levi
tends that there is majority OF legal in his
II tho Shers who signed the return OF Mr. Lewis could
have dirregufded the imposed them. thew
eonsceniousy believed, by the laws under winch they
acted and by their oath make just and fair re.
turn OF the said election according 10 ta" w. Sup r. &.
p 1922 and have signed the O r smith, the
Mr.. Lewis would have been clear and plain The law
desgnates distinctly the mode of redress but by the ccrti.
feate OF the returning officers, he. placed in different
attitude, nt novel and difficult, his being
for which the law makes provision. In this aspect
things, his generous mind prompted q solution OF
the difficulty Within week after the meeting of the
Sheriff. he addressed letter to Mr.. Smith, stating brie
the circumstances Oi the case expressing his
that the decision Ut the Senate be favorable 10 him.
the provisions O the election laws binding obliga.
but that he w0nd disdain hold the seat IT obtain.
cd by mere legal informally and technical rreguaIy, with
apparent majority against hHl-that in such case, he
would instantly resign and refer the the electoral
body tor their decisonthat the least favorable
he could expect from the Senate, would be aside
both returns and remand the election the peope-that
he was anxious TO avoid tho evils Of contest before
Senate both annoying To the parties aud involving large
expense OF time aud money them and the Statc-ihat
the people. when be done, the SAFEST ap
propaie and impartial tribunal for the decision OF such
quesons-hat they would ultimately, perhaps, be called
ON To decde-he therefore, proposed that they should both
resign their respective claims, and request Executive
Issue a Of election ill the vacancy which their
designations would create.
This proposition. which would fair every in.
genuous mind, rejected promptly by Mr.. Smith He
declared himself surprised of the Unexpected
letter in which is contained well tho singular
charaetr Of the proposition. moments reflection might
have convinced him that singular, for no cannot
have forgotten :hat similar proposition made
few ysars IN OF the Of this District by
member OF his n nPnTy analogous nd
was then promptly accepted by Whig IL is re-
iscted by Democrat. IL could have been pec
ed he had been well acquainted with Mr. Lewis ma
and frank qualities which could never have per
united him to ask Mr.. Smith render himself ridIcr-
ous IN the eyes Of the District BY affecting voluntarily
resign what IN reality lie never possessed II be hop
cd that the correspondence between these gentlemen will
be submitted TO the people Of the Northern Neck IL is
impossible TO present anal which would be deem
ed lar by the friends OF the respective parties IL yet
desrabe-but hardly TO be expected now-ihat Mr. Smith
should recall his hnsy determination submit this con-
test 10 the tribunal Of the people Of tho District before
whom would come as expressed by Mr.. Lewis puely
upon its merits stripped Of oil tcchnealiiy and form
The questions which the Senate determine, arc
these lst Is the duty Of returning officers TO reject or
rseepe returns laid before them which mdnifesy not
authenticated according law 3D. Was not the duty of
the Shenifs who met at Wostmorennd e. H. have grantad
the certificate Of election Mr.. Lewis This would
not have precuded Mr.. Smiths claim but ould have
placed him IN the attitude OF contestant in the mode prp
ded BY law and Mr. Lewis might then have asserted his
claim to an election by the legal Of the Disc-
Can the Senate declare be lcgn which bear
on their face direct evidence Of egsiiyl This would
render migratory the laws their own passcd
TO protect the ballot box from every HARM and To guard
tue rights Of the people from all encroaenmont whether
designed W accidental Basy-can the Senate do other
wise, IN awarding justice to the parties aud the con-
suent body, than accept the alternative proposed by Mr.
be"is-to send back the election to the People of tho
NORTHERN NECK.
Act concerning Elections. Sup. Il. C., q. 49, Sec I2
requires the eesr holding separate pDs and the Super
'Hfendsnts immediately upon the conclusion thereof to
eehy the loot thereof the Of the said poll
raln IN ha l.
said oHeer and Superintendent" &C. By the Act Of
loi2 1923 Supornendents shall be appointed t amer
ne"o 'ho eleeuon 1T the O. IT, who required to take
Che same oath and perform the duties which arc
senbed IN the act OF 1891 cited above The In cc,
OF tie act of 1884, ~ 1911 prescbes the oath Of the sine
rift or officer conducting elections and tho 5l,b s,en
p llo) the oath OF the OBSERVATION-DISCLOSURES frat lin, bc
will mike just uo and fair return Of the said election
according 10 loo, the last that thoy wall sec tho nail
lairy taken, and will certify the according 10
The 10th section requires the officer carry with him
copy OF the polls io-bc place OF in,etinE,(p 1867
Tonaoco FoA Rrssn.-Thc American says: We un-
derand that Mossrs SchaeT e. Kusiet, merchants Of this
ey, shipped few days sgo, Ivy tire ship Henry Shelton
which sailed for 81 Petosbursh seven hundred hhds Of
obaoeo, valued at SlOO 0JO. THIS we EARN IL the
rstentc cargo Of Tobacco over shipped from the United
states to Ru''ia-BiEr svS
IN Caroline Couafv Court 14h Jaiv 1876
since the la'ierm OF this Court has pleased Almighty
God !" take from among beloved fellow en-
Fesius Dickinson, Esq., Tor many years the A,,,oe, C
The Commonwealth in this Court whose duties were DER,
iormed with impnay, industry and ability, 10 the entire
appreciation OF this Court, the bar aud the coumuuity
lbs hberny, his courtesy and hospitality his social feo
ngs and gentomany department won lor him the favor
nu respect OF wide circle Of acquainances embracing
m ohurc County, Tor IL - believed he lived and died W I'M
DOT personal enemy. As husband father and ,r.s,s,
ho was bright example the community in which he NJ
oeo and closed hs yni9ed lite IN ho brightest hope of i'm
Be resolved, That ibis Court is officers will yes,
The usual badge Of mourning Tor thirty days
Resolved, That's copy Of this preamble and resol IONS
a ma auf chi dfon.-