Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-02-22
he Convention, ordered to he appointed yes

NeSSrs. JOHNSON Dl ItlEiilio'lu, IllhBARp vi
Ohio GREGORY Of King William, COLEMAN OF
Rockingham, and SuEFfrY Of Smyth.
Mr.. uAYMoND-I am directed by the Com
mittcc OIL Privileges and Elections to present a
list OF the delegates who are elected to this
Convention.
am also instructed by the Committee on
Elections 10 ask the Convention TO adopt an or
,iinance for its government in cases of contest
cd elections. will have it read, sir, and will
then explain to the Convention the reasons Why
it is necessary tn adopt Il.
The Secretary read the ordinance as follows
Whereas, the General Assembly, on the 14th
lay Of January, 1861, passed an act, entitled
! IAN act for elrcling members of Convention,
and to convene the same y and whereas, 10y
the eighth section oil said act it is provided that
in the case of contested election, the same
shall be governed in all respects By the exist
ing laws in regard to contested elections in the
House of Delegates, unless otherwise ordered
by the Convention And whereas, 1t seems to
the Convention, that the said existing laws in
regard TO contested elections in the House OF
Delegates are not suitable or proper for the
government of the Convention, III cases OF
contested elections, deems it necessary to pre-.
scribe prcper rulcS for contested elections for
seats therein.
# is, therefore, ordained by the Convention,
that the existing laws in regard 10 contested
elections in the House Of Delegates, shall not
bc applied to, br govern, III cases OF contested
elections Tor seats IN the Convention.
1t is further ordained by the Convention
that any person contrasting the election oil an
other rs a member of this Convention shall
wllhr Il reasonable time alter ihr day on
which the election was held, give to the other
notice thereof in writing and list OF the votes
he disputes with his objections to each and Of
the votes improperly rejected for which he will
contend If he Objects 10 the legality Of the
election or eligibility Of The person elected.
the notice shall set forth tile objections, and
the person whose election is contested shall
withn reasonable time after receiving such
notice deliver 10 hi; adversary n like iSl OF the
votes which lie disputes, with his objections il
any he has, 10 the eligibility Of the contrasting
party. Each party shall append to the list Of
voters he intends to dispute or claim, al oath
to the following effect: do swear that have
reason to believe the persons whose names are
above mentioned are not legally qualified Tor
are qualified as tho case may be- To vote III
the county Of ----- or corporation or district
Of -"
The contrasting party, and the person whose
take dcpustlnns within 4 reasonable time after
the delivery OF the notice aforesaid, by the
oontcsting party and they shall finish taking
the same in L reasonable time after delivery
of such notice The worl reasonable, Is used
in this ordinance, shall be construed with refer
ence To the circumstances attending each case,
the condition ni the parties, and the fact that
this ordinance has not hrcn adopted until now,
50 rs To prevent aS FAR as practicable, snrprIS':
to tue parties. This ordinance shall apply 10
contests now pending, as well us those which
may hereafter be commenced
Mr.. IIAyMoNp.-lt is perhaps proper that !
should explain to the Convention tie ord'
l,ancc which has lecn offered for lis consider
alton bv direction OF the Committee on Elcc-
tons.
That ordinance was prepared by the drcc'
tion Of the Committee, anil submitted to that
Committee, and the CunInttcc directed its
Chairman to present it to this body for adop'
ton. will nnw state to the Convention the
reasons why it has become necessary to adopt
regulation Of that character
II will he seen, by reference TO the Sth sec.
ton Of the act calling this Convention, that
it provides that this body shall be governed by
the laws regulating contests for seats III the
House of Delegates, unless otherwise ordered
hy this Convention. The Committee Of cleo.
ton after contested election WAS referred to
them for consideration directed their attention
to the law regulating contested elections Of the
House of Delegates and upon examining the
Sth chapter Of tie code, page %, il was found
II Il lug con mi Il
applicable and iDpraclicablc for the government
of j contested election in body Of this char.
actcr. 1t results from this fact. The first sec.
ton Of that chapter provides that tho contest
ant shall within twenty-five days after the
day on which the election commenced, give TO
the other notice thereof in writing, and list
of tn. votes lie will dispute, with his objections
to each and all Of the votes improperly reject.
eli, iur which he will contend" and also that
the party whose right to sea! in the Genera.
Assembly is contested. shall, within twenty
days a ter receiving such notice. deliver To his nd
versary 4 like list OF the votes which he will dis
quite" Thus, sir will twenty-five days be con
sumed if the parties are compelled TO comply
with the provisions Of this first section.
The second section Of that chapter pre-
scriLcs the parties snail commence taking their
dcpositions within thirty days from the ser.
vice of the notice by the conlcsting party, aud
that they shall finish taking those dispositions
within thirty days before the meeting Of the
General Assembly.
This * tn. law and the " hole law upon that
subject, and you will at once see that They
have 10 law in fact by which this Convention
can br governed to decide case oi contested
election.
The Ordinance that las been presented to
the consideration Of the Convention Is the
same as the law contained in the Code except
that il prescribcs no specific time within which
any act shall be done. BIT it provides tina!
the contestant shall serve notice upon the party
who has the returns, in Il reasonable time alter
the election; and that the party whose seat Is
contested, shall serve n like notice specifying,
Al this chapter docs, upon the party contestlng
in reasonable time alter he is so served, anu
that the parties shall commence taking the de-
nostions within Il reasonable time alter The
service Of the notice and shall complete The
taking OF the same within reasonable time
after the service Of the notice.
But, sir, the ordinance does not stop there.
IL g0cs on TO define as nearly as 1t may be,
what tine word reasonable shall Lc considered Ia
mean. 1t provides that it shall be considered
with rclurrn c to the circumstances OF each
case, the conditions of the parties and the TACT
that this ordinance has not been adopted I'M
Ill now, so us to prevent, AZ lar as practicable,
surprise to the parties.
This, sir, in my Judgment and The judgment
Of the members Of the Committee, Is the best
provision that could be adopted for the gov
erpmcnt of the case before the Committee, or
any other case that may be submitted. The
fact that the General Assembly has failed to
prescribe any definite or practicable rule for
the government Of this Convention, in cases oil
contested elections, places this Convention in a
difficult position, and there is no alterna-
tive except to adopt some ordinance or
regulation Of the character Of the one otfer-
ed The simple result OF that ordinance is, to
place all contestants in 4 position before this
body in which they shall be guaranteed full
Justice, and to avoid delays 10 the utmost en-
len, consistent with the avoidance Of surprise,
and the allotment OF reasonable time to make
t;slIts