Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1852-10-14
0be Dailp birrinian.


To Me Eaitors If Tie Enquirer.
Gcntlemen-I have examined the letter you
submitted to me. from n gentleman In the coun-
try, making certain legal inquiries IN regard to
the coming Presidential election, and at your
suggestion, herewith send you for publication.
such views on the subject may meet those
inquiries as well as others which have reached
me from other quarters Very respectfully.
October l, 1852. w p BOCOCk.
Heretofore there has generally been In Vlr-
ginia, an Act of A ssembly for the special
purpose of regulating the election of Presden-
tal Electors, and which required alteration
whenever change took place in the numberof
electors To be chosen
The Code of Virginia repealed the Act pro-
vously existing, and substituted general regu-
latious, for holding the Presidential as well as
other elections, so framed as to apply to any
number of felectors, and dispensing with cleo
toral districts. Thus the change from seven
tceu to fifteen in the number Of electors to be
chosen lnNovember, did not create the ne
cessty for any now leglslaton and, therefore,
the Legislature at its late session passed no
Act on the subject.
The provisions of the Code are found in chap
ters and 8, from page II 10 so, and particu-
larly ia sections |, 2, a, 5, 8, 7, 8, 9, 10, and
ID, of chapter7; and in sections l. Q, and | |, Of
chapter 8. They are, generally, similar 10
those contained in former Acts relating to these
elections. But there is one rather striking DIFF
ference.
Under the former laws, the Sherif1s and Ser
eeants who conducted all other elections, had
little or nothingto 10 DO with these, except to be
present. aud remove force, &c. The whole
duty of conducting, as well as experimenting,
rested ON the Commissioners. But, by the
Code. it's made the duty Of the Sheriffis and
Sergcants, in person or by deputy, to conduct
these well other elections therein men
TONED, al all the voting places, to appoint wr.
ters, to proclaim the votes, &c. See page 10,
sec. 9.
The acts Of last session providing for tho
election Of Justices Of the pence and other Off
GERS, under the new constitution, contained
provisions for the appointment Of officers to
conduct, as well as commissioners to superin-
tend those elections, at each place of voting.
But those provisions have no application to the
elections Of either members Of the legislature,
In Congress or Presidential c.
lectors. 1t is therefore the duty Of the sher-
ifs and sergcants TO conduct the elections on
the 81 day Of November next; and they, as well
rs The commissioners, viii be regulated by the
chapters Of the Code above cited, which point
opt their duties, and the penalties for failure.
But the old places Of voting arc abolished.
See Acts of Assembly, 1852, page sc, sec. l.
The polls, in the presidential and in all other
elections. are to be opened ut tho present pla
ces Of voting, namely, those established last
spring for the districts into which the counties
were divided, and for the wards laid off in the
cities and towns.
Nor will any Inconvenience result from the
want OF a sufficient number of officers to fur
nish one for each place Of voting. In the abb
sence Of an officer at any such place, the com
missoners there may appoint any person to
perform tho 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 General Assembly if such
an election was held on the Cd day OF Novom
Der. The qualification Of voters is plainly set
forth in me Constitution, article, 3, section ],
10 be found in the Acts Of Assembly 1852,
page 1924. The only question | have known
raised is as to residence. Ii 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 mo onths meDt pre-
ceding the day ofelection.
The number of Presidential electors which
this State eectss fifteen. II voter should give
in a 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 pres-
dental electors shall be appointed on a certain
day. Their election, therefore, cannot be con-
tinued beyond one day; and the latter part of
section 9, chapter, Code, page ~, does not ap-
ply to such election.
The Commissioners appointed by the Cove
1or in county or corporation, lbesdes their
important duty Of making returns,) are to su-
the election at the court house, and to
ppoint three commissioners for each of the
ther places voting. Ia some of the cities. Pc
crsburg for example, the court house has not
'een made place Of voting at all. In such case
would no doubt answer well enough for the