Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-06-01

,lcman RON Fauquier. Ii is he law pennca oy
The iilu.lrious revi>cIs OF lSl9-Spehcel hoa".,
3 w. Leigh &c. Its an example SCI US, wren
th.re we've separate elections even-an example
wh,rh mas been regularly followed by Virginia.
IN The important duy u conducting nd concluu-
inc an ELECTION, The selected and sworn superln-
,ehdenls must lool; 10 The selection Tin the absence
OF The sheriff. OF III and proper persons bn' sup
nose. said MIR. Scuu, the person refuses 10 aclf-
Even in this very remote contingency ne MI.
M. | would 90 with him, II necessary, anu even
as TO the lot.
MIR. M. then noticed Mr.. SIS last objection to
The 10Th section, which was he WORK OF me ne
vision Committeeman showed that, in case OF
Inc tearh OF sheriff, a provision might be made
"a &C 10 allow The court 10 appoint special depa-
,;.s-for il. on The death OF A sheriff, The law
tnrows ON he deputy all his duties, il certainly
nnohr 10 Dive him the means 10 discharge those
duties Gul there is 10 force IN The Objection,
because lie penalty is only lad on The deputies
VINO do not attend.
fMr VERIFY suggested that by The sec ION
M, tcuutIes might appoint The uthcers 10 attend
~ cIrclons1 Mr.. MONCU9E assened 10
mis- yisw, and Sd i'll that The difficulty raised oy
Mir Scott va, very remote contingency.
II /, was not provided Tor. he should DC
Glad 10 see II done. But, said Mr.. NJ, inc Le-
aislalulc could authorize deputy ~ appolh!
danny The Common Law says, that, the pTln-
cinal being dead, there can De no deputy, and
,hs nroyslon in The section is as shocking 10 Inc
nr,ncipcs OF the c mmun Law - that deputy
should appoint deputy. II necessary, NJ woult
On ~ making The change. But ne commended
Iha, the objections were unsuund anu, u DINER
wise, would nave been exposed and enforced long
ago. As t. sending The wnoie Tile 10 the Com.
miec OF Courts Of Justice, ne had personally No
oh,erIinn-but he thought The whole subjec! APP
nrooriatey belonged 10 thc Committee Il Rev.
SION The House had already made many re-
lerences 10 said Committee, ana no incohVeh-
ence had We. loliu:sed.
MIR SCOTT ."piied 10 Mr.. Is remark. lie
wa. surprised al AM regretted the temper win
which The learned gentleman had rccels"d ms
oLi.ctiuns. This portion 81 The Code had been
acI.d on in the Winter session. and his duties 10
me Committee OF Cuurs and IN ne tinuse had
prevented his attendance before me COMMITTEE
OF Revision. Yet The gentleman from Stafford
rather compiained OF dereliclicn 81 duty on his
part. in having kept ihe>c things locked up IN ms
avn bosom, and now 10, The hrsl time trnmpng
them. with The design u pfeJudicing The Commit
tee or some one els, in The eyes Q! the HOilSe.-
mir. Moncurc said M had not charged aay such
design: our nc regretted the absence u The gentle
man from the committee on account oi MS pressing
engagements NJ. Scott said ha cher persons
might draw the inference an! apply the iinpu;a-
lion. and he desired q sci himself right lie had
pruposed 10 the Committee OF Revision 10 read
over the bill, section ny sec,ion-but the chair
man (Mr. Moncure) had replied, that IL would
be better 10 reserve any objections and amend
mepts until The moment when The bill was be-
,ore me House. lie (Mr Scott ,iesgued no
surprise urcn The Committee or the House.
The ecnteman's defence the sections against
his Criticisms, Mr. scott said, went 10 prove
the necessity Of q reference 10 The COMMITTEE
10 Mr.. ). objected 10 Inc necessity Of being
forced ia loisv npon The House cGnde amend.
ments from his desk, upon work Of he ehdu-
ring character OF thi Code. II would produce
incouerny-and, unless upon plain questions,
we should not hazard Amendments IN The tiouse
The law in regard 10 keeping open the polls II IS
said, is copied from the present law. II this be
proper argument why go 10 the labor and expense
OF his Revision2 Was not is objeci 10 amend
and alter Inc existing laws, il proper7 Nothing
was so important as = secure fairness in cleo
lions. There is nothing tina, 50 much controls
| The viii ard minds O men As party politics ana
| ,auy preiudiccs and nothing leads 10 more
| dangerous exercise OF power by those conduc'-
| inc an election. Ouah! We not then 10 conhne
this power and discretion within limits as narrow
As Ios>ibe7 Do We no; every Jay hear and
know o. cases .! dis abuse oi Dower2 Is IL
proper, prudent or wise III revising The election
| law 10 cast upon The superintendent, this wide
Latitude Of discretion II was mol ST. in 1919
but a n.uci. more recent law had made The
| charge. III his judgment me more ancient law
contained The wiser rue--and We should narrow
The discretion as Tar as possible. The county courts
are radc np OF iallible men. II they be WING, the
commissioners w;l IL Wing: il Democratic, they
will be Democratic. Mr.. ). contendcd that there
vas marked inconsistency in the oh and the
e,n sections Tine 9TH, he said, gave pten9'g
powc;s 10 The Commissioners-b the 9Th sec.
lion introduces another officer CHE sheriff. 10 con-
duct the election and places the SheIf ~ many
respecis beuond the ''supcrintendence and control
NJ ,bp Commissioners In case o. a conflict oil
mower between The two, under these sections,
who is 10 decided The Sheriff ought 10 be made
entirely suhecttu the control oil the commission
ers II thels i c-en doubt ahcut the constuc-
lion. is il not proper that the doubt SHOULD De re-
moved by modifying The seclionsi In The cary
period OF our ancestors, the hnishts u lhe
Sores in England were charged with The duties
al relurnin. members % rarl.aiornt, ana lnc
voting was determined upon only, when ne could
MOI decide by uisp and, when there appeared
an equality OF woes he not harirg ro,cA h,mSciI
his vote was 10 de.id. he tie. We copied this
nroyisjcn from their laws. Bal Ghsn we came
10 determine by law, hat in all cases, (even with
on, 4 View the Sheriff should have tne casting
v,ice there was an anomaly, an incon.rui;y.
which We should now correct. We nave now
zone a step beyond, and, relieving The hish She
ritt OF the duty Of experimenting ana conducting
an election, we conHde ms important power 10
an individual who may chance IL BE- The de-
nuty. the mere Cfier of the woes. why con-
Ter mis- great power on depR'yi OF cI!ef =
Nrccssiiy, The old tyraut: Plea, lhey say
Blu, what necessity is ihere7 WY not nuld
ano,he, election AM another. Until IN Giiil-
cn,tv !, seuiedi Tie moic i clearly sustained
nv ,hr language al Inc CONSTITUTION, '';hc people
sbaIl ,lrct tnrjr officers" Would il be consliu-
t;nnal in case Of IL in the Legislature, u con-
,er the mower on The Sergeant oi Arms, or the
Do,rlsener. u five The Casting .o:ei Inc gen
ra,nan canna, answer the objection. The ~.
| .,Iieence the discretion, the judgment 10 which
| ne refers. will Iufn out 10 be parry politics; am
! wonld il not be better to determine u sy puit
| CHANGE. hy 10; As u the 10Th section, ne gen.
tc,pan (Mr. II. rad re!reaicd from the ao?r'nih
| IN which ne involved himself ~ his argument,
| by citing the suggestion Of the ocnemaa nom
| Northampton that he section gave The power "
Tie deputy TO appoint his deputies 10 aci IN me
| elections. He (Mr. 81 rrn;afcd 10 assert ma
! neither The person who penned me section, MI.
| Harrison ii Loudoun, a Mr.. Moncurc sald,i
nor any member Of The commiiiee, regarded
ma, section as containing said power. Il wa
never intended thai The Dcpuy Sheriff shon!d
appoint Deputy. Mr.. 5. thoushl'hatlhc WORK u
amending would be better anu more promptly
done hy the Committee OF Courts than by Inc
House.
Al twenty minutes before ionr, on motion Of
Mr.. BURDErT The House adjourned.
To enable our readers 10 understand he de-
bate, we give in full The following sections oil
me Code yesterday discussed IN The House:
TITLE lIi-cHiPrER vi.
Section Is TIE Commissioners appninIed 10
Surerinic.d any If he elections before mention
"A whether al thr Cuufl House, 0r q place Tor
/, king a separate poll, shall aeni accordingly.
They shall admit all persons 70 vote entitled 10
ID So and rejec h votes .! all not entitled, and
IN a i respects base he p9ll taken ialry Accord
in. 10 law They may swear any person 10 ao-
IN relation IL richt vote,