Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-11-21
To the Editors of the Enquirer:

| v GoLSOPtioh u AVA
a Pacific Rail Road or the navigation of the Amazon
To the Editors of the Enquirer:
CAROLINE, Nov. 7th, 1856.
The vote at Needwood, in this county, at the close
of the polls on Tuesday evening was, for Buchanan
81, Fillmore lO-just half The vote usually polled al
that precinct, and a Democratic msiOrity of I'll only
| when il ought and would have been double that but
for the impression that it would be a three days cleo
ton.
The question as to the legality Of keeping the polls
| open three days was not decided until late in the
evening, and then only upon the authority of that
mornings Enquirer, Dispatch and Wing. Will you
be so guod as TO inform your readers upon what su.
thority you base your opinion that the Presidential
election must be closed in one day, and thus settle
the question; for a different opinion prevails here; and
at one precinct, at least, in this county, the polls
We're kept open, and perhaps at others in this and
other counties in the State.
II you have any authority for it, it must be some
law passed by Congress since Apri! 9th. 1858. In an
act passed on that day by our Legislature, on genera
elections, various preceding acts, both in the session
acts and the Code, are re--nacted, amended and re
pealed. See session acts. 1873, page 4, sections 1
and =, and page !, section IL, by the latter OF which
tue 18th and 2U;h sections Of chapter : Of the Code
are repealed, leaving untouched the ID section OF
chapter eth of the Code, page ~, which section pro-
vldes for a three days election, for specified reasons
IN a Presidential Is well as other elections, and ia,
conceive, still IN force, unless abrogated by some law
OF Congress, as above stated.
In answer to the foregoing we can only say that
we were led into the error of supposing that the poll,
could not be kept open in q Presidential election
more than Que day, by d hasty aud cursory view OF
the laws upon the subject. Upon a more careful e1.
animation, We think there can be no doubt that the
polls might have been legally kept open for three
days, and that where they were So kept open the vote
ought to be counted.
The Act of Congress, which lie referred TO and
quoted il the Code Of Virginia, showing that the Le'
Eisla,ure had il before them when the law of the State
was framed, provides-
THAT the electors of President and Vice President
shall be appointed in each State on the Tuesday mex
after the frs, Monday in the mouth of November O.
the year in which they are to be appoinied: Provided
That each State may By law provide for tile filling OF
any vacancy or vacancies which may occur in ito
college of electors when such college meets to give
it's electoral vote: And provided, also, when any Stat'
shall have held an election for the purpose of choos'
ing electors, and shall fail TO make a choice on the
day aforesaid, then the electors may be appointed on
a subsequent day, in such manner as the State shal
by law provide
This law requires the election to be held on tn
Tuesday next afte: the first Monday in November
but it contains two ~proviso-. One authorship
State to provide by law for filling vacancies in tn
Electoral college; I'D the other to provide for q cas-
|Iwhere a failure to hake a choice shall have occurred
Nm compliance with this law, the act Of Virgins pro
vides that Elections shall he held in the severa
counties and corporations entitled to representation
for choosing electors of President and Vice Presiden
Of the United States on the Tuesday next after tn
fret Monday in November or such other time as Con
gress may determiue."
To comply with the first proviso contained in th
oct Of Congress-, the Legislature have enacted tina
"If any of the elector, 80 chosen shall fail to attent
by ten o'clock in the morning of the said day the cleo
tors present shall supply the vacancy" And to NEE
the case expressed in the second proviso, they hav
declared that THE poll shall not be opened at any cleo
hon sooner than sunrise, and shall be closed at cunse,
But, if the electors who appear at any place Of votin,
cannot all b. polled before sunset, or If it shall ap
pear 10 the commissioners that many Of those entitled
to vote were prevented from attending by rain o
rise Of water courses, they sball keep the poll ope
for three days including the fret"
This We consider as Q legislative exposition of tn
proviso, in the &C, of Congress, and a provision be
fore hand for the case where e choice is not made u
the day named. The choice is not made where til
votsrs are prevented from attending, and the poll
are not closed. and when rot made, Congress has au
thorized ths Legislature TO provide that the elector
may DO appointed on a subsequent day, in such mar
ner as the State shall by law provide. In this cas-
the State ha, provided, by luw, that it may be mad
Oh the two subsequent days to the first.
Whatever may be the construction of the law q
Congress, the State law is undoubtedly in force, an
it 10 the law by which the Commissioners ought TO b
governed. We understand that the construction W
now give, has been sanctioned by the Attorney Gen
eral and the Governor, and that where the polls wer
kept open, end the votes returned BY the Commission
ers. they have been ~adjudged legal and have bee
counted.