Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1852-10-20

10 the Editors of'thc Enquirer.
Gentlemen Il have examined the letter
you submitted to me, from gentleman
IN the country. making certain legal in
quiries in regard to the coming presiden-
tial election and at your suggestion, here
with send you for publication, such views
on the subject MS may meet those inqui-
ries. as well AZ others which have reached
me from other quarters.1 E-r rar. a.lf zs .
-rr-- --E Very respectfully. ri
q ala w. p. B0COCk,a .
October i1th, 1863 s-7ia
Heretofore there has generally been in
Virginia, an act of Assembly for the spe-
cial purpose of regulating the election Of
Presidential Electors, and which required
alteration whenever = change took place
in the number of electors to be chosen.
The Code of Virginia repealed the ACT
previously existing, and substituted gene
raj regulations, for holding the Presiden-
tial as well as other elections, so framed
As to apply TO any number of electors,
and dispensing with electoral DISTRICTS
Thus the change from seventeen to fifteen
IN the number of electors to be chosen in
November. did not create the necessity for
any legislation and. therefore. the Leg.
i4lature ut its late session passed on Act on
the subject.
The provisions of the Code are found
in chapters and 8, from page II to page
80, and particularly in sections /, g. 4, 5.
8. 7, 8. 8. 10, and Is, of chapter 7. and
Ill sections |, 9, Rnd II. of chapter g.
a.
tanned in former Acts relating TO these
elections. But there is one rather srri-
king difference.
Under the former laws, the Sheriffs and
Sergeants who conducted all other cleo
tons, had little or nothing to do with
these, except TO be present, and remove
force. &c. The whole duty of conducting,
as well as experimenting, rested on the
Commissioners. But. by the Code, it is
made the duty of the 'Sheriffs and Ser
gesnts, in person or by deputy, to con-
duct these as we'll as other elections
therein lmeuCioned. at Nil the voting pla
ces. to appoint writer's. to proclaim the
votes, DC. See page IS, sec. 8.
The acts of the last session providing
for the election of justices of the peace
and other officers, under the new consti-
tuition, contained provisions for the ap-
pointment OF officers to conduct, as well
rs commissioners TO superintend those
elections, at each place OF voting. But
those provisions have no application to
the elections of either members of the le-
gislature, representatives. in Congress or
presidential electors. 1t is therefore the
duty of the sheritfs and sergeants TO con-
duct the elections on the I'd day of No
yember next and they. as we'll as the
commissioners. will be regulated by the
chapters of the Code above cited, which
point out their duties, and the penalties
for failure.
But the old places of voting are abol-
ished. See acts of Assembly, 1852, page
So. sec. |. The polls. in the presidential
and in all other elections. are to be open
ed at the present places of voting, name
ly. those established last spring for the
districts into which the counties were di.
vidcd, and for the wards laid off in the
cities and towns.
Nor will any inconvenience result from
the want of sufficient number of officers
to furnish one for each place of voting
In the absence of an officer at any such
place, the commissioners there may APP
point any person to perform the duties OF
an officer. Code, page rs, sec. Is.
All persons will be entitled to vote in
the election of presidential electors, who
would be entitled to vote in an election
of county officers or members of the Gen
eral Assembly ii such an election was
held on the second day of November
The qualification of voters is plainly set
forth in the Constitution, article, 8, section
l. TO be found in the Acts of Assembly
1859. page 324. The only question
have known raised is as to residence. 1t
is clear voter must have been resident
of the State two years, and of the county,
CITY, or town where he offers to vote for
twelve months merit preceding the day OF
election.
The number of presidential electors
which this State elects is fifteen. If a
voter should give in ticket containing
the names of more than fifteen electors
his vote should not be received BY the
commissioner. and probably would not be
counted if received.
The act of Congress requires that the
presidential electors. shall be APP
pointed on a certain day. Their cleo
ton, therefore, cannot be continued be-
yond one day and the latter part of sec
tion ?, chapter 7. Code. page 72, does
not apply 10 such election.
The Commissioners appointed BY the
Governor. in county or corporation. (be-
sides their important duty OF making re-
turn. are 20 superiniend the election AT
the court house. and to appoint three
commissioners for each of the other places
OF voting. In some of the cities. Peters
burg for example. the court house has not
been made place of voting at all In
such case. 1t would no doubt answer well
enough for the Commissioners annnintn.I