Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-22

:, vera,, the candidates. After hearing the ex-
cen,ions to all the votes which could be except
cd 10 from being blotted marked, or in any re.
snect doubtful, and carefully examining the
nol,.. they summed up the votes, which clearly
aoneored 10 have been gwen TO each oil the can
d,da,es. and found that Thomas h. Averett had
received majority of nine votes.
Mr. Flournoy then move@sthat the poll al
Rlack Walnut, in the county of Halifax, taken
oc the second and third deys, be rejected, be-
cause the super,nlendents had not stated on the
,oII hook that the election bad been adjourned
n The second and third days on account OF rain
or high wafer, and many voters prevented from
attending thereby. He insisted that il was the
du,y Of The superintendent to state the cause
nc adiourning the election; but the greater part
ne bis argument was directed 10 show that the
cs,ses of adjournment, contemplated by the
law did not exist it not having raIned sufficient
" TO prevent many voters from attending the
polls
power whatever TO reject the poll. II they
deemed that the poll was improperly authentl-
Gated. and doubted whether This was the true
poll. or that the election was adjourned to the
second aud third days by the superintendent,
The mos, they could do was, under The law OF
1876, TO summon the superintendent, and re-
oulre them TO testify TO the facts. This power
10 summon The superintendent, went no farther
than to supply the defective aulhentlcalion oil
the pols. That there could not be any occa.
sion for i, in this case. The legal superlniend-
ents had. under oath, certified 10 the polls taken
on The three DAYS, and the Sheriffs are bound 10
presume their Official acts 10 be legally DONE
The law does not require the adJoirnmeh! oil
the election aud the reasons for such adjourn
mept. to be stated on the pol book. That The
adjournment of the election at Black Walnut,
and at Halifax Court House, was matter
of public po,oriety. The superintendent al
Black Walnut acted under OATH and IL they
were brought here by a summons, they could
but swear second time that they had taken the
vote on the second and third days for the rea-
sons contemplated by The law.
Mr. Flournoy contended that if The Shefihs
did not think proper 10 reject the poll, they
ought 10 summon The superintendent lroni
Black WALNUT, ard examine them not only as 10
the fac, OF adjourning the election for The req.
son. Of rain, high water, &c, but to enquire
into the sufficieucy Of those reasons, and II they
thought lhe reasons insufficient, then TO reject
the poll.
Mr.. Averelt SAT- that the law had constituted
The pelintendenis the judges CT the existence oi
the reasons for acj cunning the election; II was
made their province; and that II would Or can
eerous usuIpallon Of power Tor The SherinS 10 IN
wade il, by resisting their decision. Such pow
er had no wnerc been given, aud in no instance
exercised within his knowledge. II The superin-
,endenls acted from insufficient or corrupt mo-
tives in the exercise OF their acknowledged du-
lies, i, belonged 10 the House oil Representatives
10 afford the remedy, upon lull hearing Ia
CONT sled el,c
The Sherifs from Henry and Franklin were
understood 10 be 10 favor OF rejecting The Black
Walnut poll iakc1 oh The ID and Sd days, and
the Sheris iron Pusyivania, HALIFAX and Pat.
rick were III favor OF receiving The poll.
Mr. FlouTnoy then moved 10 reject all The polls
from The county cf Franklin, upon the ground
that they were mol taken in conformity with law.
The law directs that the writer shall enter 10 DIS
lioct columns, under the name oi The person vo-
ted Tor. the name OF each elecor voting for such
person. In the Franklin polls, The names oil all
lhe electors were placed IN one column, and d,
cures placed in other columns, opposite iheir
names, and under the names Of The candidates tor
whom they voed. he commended that II was
violation Of The law, and practically ief several
names that could not be counted for either.
Mr.. Avefc,l said that the Franklin polls were
in the same form that they were in the election ni
Mr. Foufnoy Two years ago. and according TO
the custom in that county Tor years pas; and ;hdl
the Henry polls we're also Kept in the same mae
rer two wears ago and then no objections Wo!c
nrycd b. Mr.. Flonrnoy 70 Tic informal manner
in when they were kep. IL was the same form
observed in many counties OF The Stale, ana al
though it was not conlo!mabe 10 the law, II ne
We, had been objected 10, or con sideed by he re-
turning Sheriff, or legislative bodies sufflrlent TO
prevent a return or vitiate an election. That, u
such irregularities were considered fatal, no cleo
iion now or heretofore, can be, or would have
been considered valid That the practical effects
were no. such as were represented by Mr. Flour
nov, Mistakes would occur in any manner oil
keeping The poll, is seen in the polls OF all me
coun,ies Of he d,slrict. la The proper Nude OF
keeping the polls Inc same name was sometimes
seen under the name OF each candidate. This
was evidently wrong. bul could not be remedied.
II did not Therefore, vitae tAe poll In a modes
vi keeping the polls, sumo names were hloed or
Otherwise illesioie. Such names could not be
counted not because the Shenfs have power 10
strike Of any par OF ihe polls, but because ii was
no part OF the roll more Than other bIois OF ink
That, IN the Flanklin mode OF keeping the polls,
some names were written without designating 10
whom they were given, BY figures opposite TO
lnem and under the Name oil a candidate but
this was easily accounted ior: As SION as a w.
lefs name was announced by The officer, The wrl-
ter wrole il down. but The voter, not wishing TO
vote for canditat for Congress, but only for
the county candidates, was not unrequeniy
The case, the writer did not extend The figure, and
LEI, the name which did, and ought 10 stand Tor
nothing He showed that these polls had been
properly authenticated as the true polls taken IN
The county OF Franklin, and therefore, II wonld
be useless 10 summon The superinlendenls. IRE
,,,} " In q u
ing the poll are no, causes iol which the Sherifs,
assembled IL compare the polls, have power 10
reject them. II injustice has been done 10 any
party the remedy belongs to another tribunal
Blu, no injustice appears Ia have been done, and
the House of Representatives, which alone has
the power, will entertain no such exception.
The Sheriff from Henry ii was understood
was in favor OF rejecting The whole OF The poll
from Franklin, and tour Sheriffs, including The
Sheriff from Franklin, were in favor of Counting
il.
The usual certificate was given 10 Thomas H..
Averelr, signed By the Sheriffs OF Halifax, Pitt
sylvania ard Patrick. The Two Sherifs from
Henry and Frauk'in refused 10 sign it.
Mr. Avcfeu will Of course take his seat, and
if il be objec.ed to on the ground that his cerHh
cafe is mper'tct, he viii produce the poll books
which cons: tue the highest certificate repre-
sentative can have.
P.S-We have since received the following
leuer from Democrat who vents his honest in
die nation upon the Wings for tricks which they
charged upon their opponents. They are nice
set:
To the Editors Of the Enquirer:
HALIFAI CouRr housE Va, May "A.
Messr.. Eirors: For the benefit Of The Demo-
cratic parry | wish 10 inform you OF few
facts, and hoU the Wings have managed this
election between Averet, and FlouInoy. Il has
been hard struggle with Us. we admit. Our
hardest task was 10 watch The Wings, 10 keep
the m from using means 10 lake our Too conhdins
voters from us; Tor they resortsd 20, VIII say,
every means mai could be used But they nave
not got The first Democrat TO vote for Flour
nov that is nj apv Standing The Reverend