Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1857-08-14
An Important Decision .

We print elsewhere the legal opinion OF Attorney Gepe-
raj Tucker in the of the disputed election of Jodge
in the Abingdon distic The difficulty It will be renem
bered succinctly stated by the Petersburg Ttlioe
grew out OF the fact that while Fulkersons poll out
numbered that OF Stras by about thirty votes some two
hundred Of his (Fukerson votes lacked the authenca
ton required by law of the conductors and commission
ers signatures When this ascertAinei at the meet,
tiut the Shc,iF. 49,. them certified the ala,;
OF fulkersen, and four the election ., y
sence Of the Governor from Richmond the question "a.
submitted to the Attorney General for his official opio
which, as will be seen, rendered In favor Of Foker
subsequently, the Governor approved this opinion
and ordered commission to be issued accordance with
IT, The decision, as the IHtegeneer suggests seems to
have hinged almost entirely upon the reasoning contained
in the following passage:
1T is true that the law requires the Condn.,o, ~
Commissioners TO certify the correctness of the non
This must De- as it has BEEN constructed al drc
s, oa1 no essen,.l 70 the validity OF the poll II was
never designed to defeat the popular will by deficiency
in iormaes, which the law only prescribed 10 aecr ~;
full and free expression and bo~ever importsnt tbess
may be, u would be to set aside the voc 81
the people, because public officer failed IN do ri A.,
This would be to put the form before the substance 10
prefer the shadow TO the reality ' "
says: Wv e'"o'
NO mere failure of ministerial and executive officers
TO do their duty either vAte or nuy the voles If
the people TO elect Judge other officer If tbav rio
legal voters, did fact at the time and nIare "a ~
manner prescribed by Law declare their voices To bave
their votes returned and counted is as much rigb nd
as the rgh' to vote according to law or Meth
er gnt can any power in Virginia deprive them nv acts
OF either commission or omission and neither depeds on
| the acts Of ministerial or executive olHcersp
Ike our Petersburg contemporary are not prepared
70 say that the decision rendered in this case Is wrong
out we are free to declare that the arguments Of the A.
olney uenera AMI the Governor does not satisfy u that
u right We append the following reflections from tho
4 Iufefffgeucep WI
on the subject. and which commend to the consider.
ton Of our readers Referring to the doctrine contained
in the above passages, it says:
we confess that we do not like the tone Of tbis doc
rne We have great generation for law and have A.
ways oeen taught to believe that compliance with the
prescribed forms Of law is ESSENTIAL 10 avail ones self q,
its benefits, OF to Of offenders the penalty incn
red by its violation. Nothing is more common than IN,
criminals to escape the punishment Of their misdees
from some inormaty in the prosecution The sutton too
can only get the aid Of the 10 enforcing his claim bv
strict compliance with the forms Of aw-and however
minifesty just his claim may be- failure in This regard i
fatal So in the Of contested elections Il, bas bs
repeatedly determined 10 Congress as we'll as in the Lo
a'ures Of the States, that compliance with the 90
uliiHg the election is essential The Attorney Gene,,I
admits that in this there failure To comply b
conditions "that tho law requires"
bot, as We have said not sure that the deeis
ion was wrong Il would probably have been wiser and
saier as precedent to have remanded the election % Tho
people as void Tor iniornay, since the law provides no
mode Of determining contested elections for udgesbps
THE thinking reader viii be apt TO note these le,s ~
significant developments in the case That the bodv An
thorzed by the constitution 10 choose the highest officers
OF the Law are 50 Ignorant 10 tho premises a. not to know
what that law requires Of them That the chosen rem
re'eniatve and dispenser Of the law whose Official robs
should be sPotess accedss to his elevated trust BIZ an
ackno"ledsed Tiglshou Of law And lastly, that IN
hs judgement q ne Attorney General and the Governor
DE voice q &c prope Is Of imposing Obligation
than the aV. What lesson is tbst 70 a Judge inst
aoou' TO iudae himseli With Toe ermine The Whole
ease lei forcOls usGatlen q the folly and danger Of
having made the Judiciary elective By the people
Heaven grant that We may nOt have many and saddcr H.
lustratona If this ~