Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-02-03

| September last, put TORN a Ceciee,
officers. civil and military, 10 wear mourning ="
honor Of The memory of General JACKSON, an
illustrious statesman, and an eminent soIuie' =
,he Republic Of he United States Of Norm AHe-
RIGA"
We have already stated that The Senate OF w
/ GINA, by an almost unanimoas vote, nave eo"
firmed James VI. Smith, Esq, as Ihe iesa.y
elected Senator from The Northumberland LIS
,rict. The grounds OF The contest were peculiar
and The public may feel some desire TO know '"e
facts Of the case, as set forth in The following
Report, which was agreed 10 BY The Senate:
REPORT
OF Tic COMMITTEES of Fririiegts ant Emsi1on'' ~
The Conkaed Election Of Lctris and SmaN.
The Committee Of Privileges and Elections,
TO whom was referred the memorial oil ". w.
Lewis. complaining OF the election oil }. NJ. ohtn
from The district composed OF The couhlies Vi
Stafford. King George, Wesimoreland, Lahcas-
Ter and Northumberland, together with The papers
nresented by the ~nleinorialisl and the sitting MEM
Der, beg leave 10 report.
Ii appears from The poll-bcoks OF said countess
that the votes Stand thus:
For Smith iolo
And Tor Lewis 2oo
Leaving a minority for Smith Of 50
II also appears, that the elections were held 10
the several counties aforesaid, al the time AMI
places fixed Nv law, and ali returned properly au-
ihenticaled on The Sih or OH OF May, al The Tee'-
inc of The sherifTS to compare the polls, excepting
those of Lancaster and Northumberland.
There was no return Of The poll from Lancas-
Ter. where Lewis received a majority, but The
sheriff attended, and reported orally the true re-
suit. :
Ii appears, that the polls from the county oil
Northumberland were taken according zine forms
OF The law, The Commissioners having taken Inc
prescribed oaihs, and conducted The election, 50
far as appears, according to law; but they did
moi certify. on The day Of election, The polls ac-
cording In The ACT of Assembly: bnt The Commits.
sinners a, some of The precincts did, on the 18th
day Of NAV, certify to the correctness OF The
polls. Ii appears, also, that there is no charge
that these polls, or any OF them, were taken lille
gallv, or that any improper conduct is imputed
10 llle officers conducting the election, nor IS il
disputed that The polls aforesaid are The true, I'M
mulilaled polls taken in The county OF Noliluin-
bcrland and Lancaster.
Ii also appears, that the Sheriff, OF three coun-
lies. counting The votes 0. the whole district, gave
a paper, purporling 10 be a re,uln, TO Smith,
whilst The Sheri1s of three other counties, taking
upon themselves The high Office Of excluding The
POLLS of Northumberland and Lancaster, under
took 10 return Lewis.
Under This STATE Of The facts, The only question
OF importance 10 be decided is, whether Smith,
The sitting member, is entitled, by virtue OF hav-
ing the largest number OF votes on lle polls, Ia
his seat in the Senate? The Constitution pro.
vides that each county Of The respective districts,
at the time OF the election, shall vote Tor one
Senator, aud that the Sheriff or other officer hold
ing the election for each county, CITY, Town or
borough, within five days at The %iarihest, after
the last county, city, town or borough election
in the district, shall meet al some convenient
place. and from the polls so taken, in their re-
s~pcctive COUNTIES, cities, towns or boroushs, re-
turn as a Senator, the person who shall have the
"AgrgcS. number Of rates az The 1caofc Diafict."
The time of meeting mentioned in this clause,
was fixed for the first election under The Consti-
tuition, but the time for subsequent elections has
been changed 10 not more than twelve days al
Ter The last election In The District. See Act OF
| 1881, section Is.
The ACT Of 1891, section l6, provides, that the
officers conducting The elections al The Court
House OF each county, city, town or borough,
| within the Senatorial districts OF this Common
wealth, shall meet al the Times and places here.
in before directed, and fTom the said polls OF
their respective counties, cities, own or DO.
roughs, shall certify as Senator elected The man
who shall have the largest num6ey Of votes in the
uhoic District.
The poll alluded to in the above section is The
corrected poll under The Board OF Commissioners,
provided for BY the 18th section of ths act afore-
said. This Board Of Commissioners was aho-
lished b. the act of February eth, 1891. The
second section Of thu last mentioned net provides,
that in all future elections within this Common
wealth, the original polls taken at The Court
House OF each county, &c, and al the several
places IN each county where separate elections
are authorized By law, shall lie the poll of The
county. &c, in lieu of The corrected poll hereto
fore required by law.
i; is obvious 10 your Committee, from the
clauses in the Constitution and the law above ie-
cited. that il was The intention OF The Convention
and Of the Legislature, that ne who had The great
rst number of votes polied on Inc day and al The
several places of election, should he considered
ms elected; and The question arises, shall the fail
IRE of the officers 10 make The requisite cerii:i-
| Gale. or 10 return The p~oll-boos al Inc place with
in The Twelve DAYS after the election, or 10 reiuIn
who is elected, vitiaie The election, or deprive the
member elected OF his seat} The several laws
nrescribipg he duties OF the shcritfs and commits
| sioners were intended 10 secure 10 the people
| their full rights 10 representation. and not 10 put i
in The power OF the officers or commissioners, al
| ter asrer,aining The result, 10 defeat, by intentional
ar unin,eptional dereliciion OF duty, their will
| They we're designed 10 ensure a lair and Impair
| ,ial election, and To give 10 The sheriff The means
of ascertaining who is elected; and as there is no
impnla,ion Of fraud or improper conduct in adj
uniting or rejecting votes in Lancaster or Nor.
| lhumbelland, and no evidence 10 snow tha, the
polls were improperly taken, 6ui, on the contra
~. as there is full proof that the commissioner
took The oath required by law 10 conduct The cleo
lion, your Committee cannot but regard The polls
before them as the true polls oflhc district.
They were taken in conformity 10 law, and il
The failure or neglect Of The Commissioned to
certify, or Of the Officers TO return, waste viliale
The election, hen that which had been legally and
fairly done would he vitialed, and made null hy
the acts of those over whom the parties interested
had no control. II would put il in the power of a
few officers 10 slife the will OF the people. ionr
Committee cannot, however, regard The certificate
OF The Commissioners or the return Of the
Sheriffs, as any part Of The election. At the
close of The polls the election is over, ii is ended,
and no failure to authenticate it can invalidatc or
annul II. The return Of the polls, with The cerii-
fca;es, was only intended 10 enable The Sheriiis 10
give 10 The Senate Information as 10 the result Of
lts election, to save the trouble and expense OF
sen.,ing the p~o!l-book 10 the Senate, or Of taking
proof Of their eenuineneSs. That this is 81, we
/ iltGN pIiit ~ .SOh VI Cahbi - tHS Jill ~ anu! ~
Inc form of The return. In the one, he makes
oath that he will make a just and fair return oil
The result Of the election, according 10 law. In
The other, that he has in his fnU county or iislric!
caused 10 be chosen, &c. In mailing 10 return the
result, he is careless about his oath, and in giving
the return upon a partial vote OF The district in The
forms prescribed by law, he states, in his official
character, what is not the fact.
II The returns rom The different counties do
no, coue in on the day OF meeting, the Sherifs
can adjourn from day 10 day until lhe business
is completed. See provlso TO The 18th section OF
the act Of 1881. But, as before remarked, The Ger
ti6cales and return Of The polls are 1ol part Of The
| election, and we hare sufficient naturalization Of
The polls in the subsequent Certificate OF the Com
missioaers, and more than that, in The failure Of
any one TO question or doub, them: and, as
Mr.. Smith, The sitting member, has the largest
number Of votes in The whole district, ne canno,
but regard him asduly elected ard entitled 10 his
seat as Senator from said District. 1t has been
suggested, that, in consideration Of the fact tina,
no return was made (for we regard Inc returns