Richmond enquirer. [volume], December 18, 1830, Image 3

About Richmond enquirer. [volume] (Richmond, Va.) 1815-1867

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pnUfft >liuu!<l have taken that course. Bui, ke could
aot give hi* as.sot to such a rfull, on tha ground of an
aiati.liia'iou cl tb<* pell*. A d-cihi>n an that subject
aould have barn s-ttlel bjr a nrpiNi* ivaolu Ion. Ttia
lr«a couraa would h*v« bran, to r«|>ort, that Thomas
Dari* wesaniitlcd to tha ••«!, having tha majority ot
«ha rota*, and than M tham go back to tba people, II
they egretd upon it. The committee had coma to a
conclusion, without giving tha lloiwe tha reasons on
which it waa founded
Mr. Morris merely rote to explain why the reasons
far the decision ol th« Committee vreto not aatlo.ih at
largo 1st the report. They were, tirot ; hacatis • ot ihe
multiplicity at business before the committee ; in', aa.
coodly ; because the parliaa mutually waived the tumor
point* of the cou'roversy ; aud it was elrarly under
Mood that ilia report waa acquiesced iu by both. It
could scarcely be possible that tha parses ml»undej.»t ->oit
•ha Datura and beariogs of tha report—for it was d*.
tloctly read to them, and they agreed to abide by it*
decision. Matlil been otherwise, the committee would
■•I hive iu.trurted it* chairman to preeeut tni* report
to tha House. Their sgrennant to the report aecined
to make unnecesasry the eeuiug forth ol the detail*;
mod hence the cause of Ihe objectiou of the geo leman
from Sussex.
Mr. Marshal! had intended to have rieen to make an
niplanation at to tlio assent given by the parties to the
report; hut the Hoiue must be satisfied with the state
ment* ol tha chairman ol tha committee, and any thing
further from him was unnecessary on that head. But
he rose also to reply to tlio gentleman from Sussex,
whose objection reeled solely on the limitation of the
committee’* powers of investigation. The validity of
the return, ho assumed, was the ouly question before
the committee, and that fact seemed to lie the corner
•tone on which ail that gentleman’s arguments were
bated. He argued tha* the committee had no right to
considorany other matter but the nature ot tlio return—
not even the facts necessary to test its validity.
Mr. Eppes roso to explain. Hi* argument was this_
that where A. contests the seat held by B. on the ground
of an illegal return, and on that ground alone, the com
mittee on the subject had no right to scan the polls.
Mr. Marshall resumed He did not misunderstand tlio
gentleman, nor had ho misstated his argument*. He
confines the investigation of the committee, where the
unsuccessful candidate contests tlio election with the
returned candidate on tlio ground of the illegality of the
return—to the subject of the return aloue. He meant
to take the argument fairly, and auswer it fairly. He
contended that the committee had tlio undoubted right
to search into the facts rolative to the election, and to
eeek information on every point; and that this waa es
sential to an equitable decision of tho question. They
were to enquire into the legality or illegality of the
votes; tho manner iu which they were given; the con
duct of the officer* who directed the polls, and, in fact.
Into every circumstance having a bearing on the case.
It was laid down in tho Constitution, (hat each House
has the right to decide upon the legality of the elections
of iU own members. Now the right* of this House in
that reaped were for the time transferred to the com
mittee, and the samo powers resrded in it that (lie House
Ksaeased—and if an objection had been made to the
ause to the return of one of its members, it certainly
would not stint Itself to the mere enquiry into tho form
of the return. Neither was the committee bound to do
•o—if they found that the returned candidate did not
have tho largest number of votes, they had a right to
declare it; or if, on the ether hand, they found that ab
initio the votes taken lor either candidate were illegal,
it was part of their duty »o report upon these facts._
Tho committee did, in this case, decide, that the Sheriff
of Orange county acted illegally when he returned the
member who now ho'da his seat. But on what ground
Uhl they make this decison?—On the ground that l>y re
jecting the return made to him, and deciding upon the
votes—ha made himself the judge of the election—when
the only legal judge was thi* House. He took upon
himself the prerogative of this body, when he had no
right to judge Iu (lie case at all. The House being the
legitimate tribunal where the merits of tho case are to
bo tried, tlio committee acting for the House, and cloth
ed with its power had a right to enter into the whole
merits of tho case, and report upon them. They did
therefore decide—1st. that tho Sheriff made an irregu
lar and illegal return—and 2d, that the election was not
conducted according to law. They ware satisfied that
the election was void, and that the candidates dSfclit to
return again to tlio people. He trusted that theTleuse
woum sustain mat decision.
Mr. Brodnax »aitl, that his peculiar connexion with
the Committee of Privilege* and Elections, placed him
la a delicate situation; and hence ho hoped the House
would excuse him for offering the few remarks hu had
«• make. He extremely regretted that the gentleman
from Sussex should have raised objections to the report
of the committee, on merely suppositious grounds._
Without having the facts before him, on which the re
port was made, that gentleman, had offered an argu
ment purely hypothetical, which proved that he had en
tirely mistaken the nature of the case. The question
which at present addressed itself to the attention of the
House, was, whether the parties acquiesced in the re
port of the committee. This was the most painful part
of the subject. But he was sum there was not a mem
ber of the committee who would not sustain the state
ment of the chairman, that it was the deliberate under
standing of all, that both of the contesting parties a
greed to tho decision of the committee. There had
been sevoral conversations upon the subject, previous
to the agreement, and after it was entered intjit was
again reiterated when the parties were standing within
six leet of each other. Every member of the commit
tee perfectly understood that (he report was agreed to by
the parties. The reasons why the discussion was now
brought up required some explanation. It was said
rit the candidates ought not to compromit the interests
their constituents, although willing that the repot t
should be made. At any rate this was not the understand
ing of the committee. Ho was sorry the gentleman
from Sussex had placed the question on an individual
footing. He (Mr. B.) had always thought a contested
election, a matter of much greater importance to the
Commonwealth, than to tho individual candidates—and
that the decisions of such cases ought lo be made with
regard to tho former Instead of the latter. He had al
ways thought that the great question involved in Elec
tions was the rights and privilsges of the voters, and
that tho consideration of the men, was to give way to
that of the public. The question which, in this case,
had been before the committee, was not tied down to
the validity of tho return—It embraced the whole mat
ter, and its consideration naturally took in the question
whether the returned member was entitled to his mat.
Every fact going to throw light on that point was pro
per matter of investigation by the committee. It was
their duty to canvass every ground by which the re
turn of the member, and his right to his scat, were af
fected. It was light to enquire into ev»ry particular, to
decide whether tho republican rights of the citizens
liad been preserved,or whether tho expression of their
constitutional will had been obtained. The main ques
tion was whether the member held his seat by the voice
ol the people, or not. He would take a case to demon
strate his view. Supposing a candidate in an election
to have two thirds of the votes, while his opposing can
ic«c» 111 iiuiiiiicis, yci nas iwo minis 01 me
legal votes. Ami suppose that the Sheriff sees fit to
give the return not to hut in favor of the candidate
who received the fewest number of votes. The other
party then gives notice that he shall contest the election.
When the subject comes before a committee of the
House it is based solely on the question ot the validity
of tho return. Suppose then that ills entertained on
that ground solely—what would be the result? We
should be obliged to turn out the candidate who had
the largest number of legal votes, ami put in his place,
the individual who had the largest number of legal and
illegal votes. Such would be the result of the views
ot the gentleman from Sussex, that the committee must
per force, adhere to the consideration of the validity of
the return alone. This could not bo I lie reasonable
statement of the case. 1 he committee could not ho so
eonfined. It was their duly to extend their investiga
tion to the whole subject, and embrace not only tbe
validity of the return; but the legality or illegality of
th^ votes, the qualifications of tho officers, and every
other circumstance relating to the case. In speaking of
the return, it should be mentioned that it is a certificate
return. It is sent by the Sheriff to the Clerk of
the House, and given to him. And I contend that no
man in Virginia has any right with that cerlificata. We
may judge of it by tbe proccedinga under which it was
produced ; hut it could not he taken from tho custody
of the I'lcrk. With regard to this case, bo thought
that the House aught to place the parlies in the same
situation in which they would have been, had matters
been rightly managed, in order that if there had been
wrong on Cither side. It might he put right—(hat they
might do what ought to be done fie would illustrate
his argument by supposing one more csss : Suppose
the Individual rightly elected ; hut wrongly returned,
gave n lice of an examination ol the p list ; but sup
pose the Committee, at the very threshold, found that
the election had been radically wrong—that all Its steps
had boon irregular- and that is not an expression of (he
public voice: Should they still go on, confining their at
tention to the validity of tho return alone—and not In
quire into the whole merits of the case? The commit
tee in such a case would he of but little value. He
trusted the House would sustain the Kepo-t.
Mr. Kept• rots snd said ih it, in order to do wli*» he
•onsid-red justice, h. rentier 'he K'p r> of it e Commit
tee.such as fir thought ii ah- old he,he would sohmi tbe
following rear,In i«hs a a substitutes (or lbi.ee at the
Clo»» of tbe |/if ()•',
‘•/<c* >los//f That .fames rfirhour, tho silling member,
is not entitled to sit upon the return of the Sheriff of Or
ange.
“ Ties 'Ivel, That Thomas Davis wa« entitled to the
return, and therefore Is entitled to a seat in the present
House of Delegates —he having received the greater!
number of votes In tbe aforesaid election.”
Mr. ti»N nM UmI It wm disagreeable to prtra ill.
ilihtlr. If ikt Hnn diil mi iilo|il th« rr.ulitiiiiii
•thicli h* kit submitted, at II ha had to a*k to be haar
upon tlito aubjact. Ha ask'd le.v. to ddaud biu.-all
Ironi the gentl. men Iron. Fsuquier and Diowtddtc, Iron,
irriimrit'a which ha considered absurd in the rxtrnuo
He would aat out on ilia euntlituiional principle o' tha
gentleman ho.u Fauquior, and the Itcpubltran priori
pie ol the geoilemm Iroui Oiowiddlo, and if he could
not shew tint they were tuc»n«i»lent and that the ton.
all Utiotulity ol the one, and tha republlrarii-m ol the
other, did not *u«tant thetuaelvea, he would wi'ltngly
<*eda the question. Their argument* amounted to tin* :
the Home ha* a right to judge ol the flection «d it*
own it ember*, and banco, a committee epimii.led to
cotidd r an objection made to tho validly ol the ra
turu ol a tuamb. r, haa a right to go into ib* consider*
Hon ol any queation relative to the electiou ol Ilia1
member, however foreign it may be, to the p lit >ub
mitied to It. On thia head we are at i«sue. He had nnt
intended to eay that il it were discovered that there
were corruution in an election, the House h.vl no riant
to *et that election aside. He had not *et out wl h a
declaration hire thia—ll A and U are candidate*, and A
h*d tho majority ol vote*, ho had a right to hi* return,
whether those vote* bo good vote* or bad. He hid
only insisted on the eomidtaore wnh the law, which
make* it the duty ol the Sharif 'o return the member
who receive* the large*! number ol voice. The ab
••irdity ol the matter I* till*—here i* a A who In* been
returned by the Sheriff, and when you ccii'eat hi* re
nun a* invalid, becauae B. had th* largaat nntubor ol
votoa— he turn* round at.d *ay«—“Oh, air, I had a
mijority of good vole*!” But that wan not the ques
lion first at Issue. Th* House had a right to rauva*.
that question, but before they proceed to do that, they
ought to *et the main question of the validity of th*
return right. Sir, would it not be trifling lor the Court ol
Appsa'a or a Court ol Chancery, where a decision ol
an important qnos'ion waa b. I .re them, 10 embarrass
th-irj loci ior. by the iuterpiaitiou ol little quibble*, not
necessarily conncted with the question? And on that
tame question, would not an houea; judge decide at
once ? it ig true that if you go into a court of law,
Ihera is alao an equity side. But he should l.ke to
know wli> re the Committee ol P ivil-g-s and E ectiona
obtained ita equity juri.dic’ioo. They had asaatnod it,
at any r*te ; and they had h»re presented a report in
which they made a bare decision. They do not give
us the (act* upon which it i* louoJed; but they ray
they have them. L?t it* have them also He wished
to be (tally infomed on tho subject. When the fact*
were produced, the IIou*e could decide. And then, if it
appeared that the returned member had the largest
number of votea, let him retain the seat. He had
known that gentleman bnt lately; but hi* repit'a ion h
had known almost ever »in;o be knew l lmself, and he
intended ita* no compliment, when he s.id ha believed
ne koevr, and wu capable of protecting hi* own rights
Bathe tf«i opposed u> the chitacery jurUJictioo which
th** committee had taken upon itself.
L reiurueu, ne mil n right
«o in# seat—but if ha war not «o returned, tha Hou*e
had • right to depive him of it. And it appear* from
the report, that|the ralurn wa* an invalid one, it al-o
appear* that Mr. Davis had a majority of the voter. |«
it t ot admitted by the competitor of Mr. Davi*. tliat
tin latter had the m»j>riiy of vote*? The return, then,
is bryond diapute, illegal, and if tin* retutn d member
cannot hold the eeat, became he had not a tmjoilty, it
lolloive a* a consequence, that Davis can claim the teat
or» a majority of the poll*. Thia i« surely not supposi
ti us—lor if the gentleman who hat been returned can
sit here on an illegal return, which it ol no force, why
cannot Davis I, k* his eeat on the .strength of having
received a majority.’ Tha examination of the poll is sn
after quettion, and if the right of the returned cauli
da'e to a seat here depend* upon it, why can it not be
examined? Is it so defec ive ss to defy examiua ion?
There was surely time enough for the taking of alfida
vlls The e tso really presented a seriout state of things.
Here wat one member returned who could not retain
hit seat, heraute of the illegality of the return, while
ancther could not hold it although ha was eiti led to it
by a majority, becaure the return which rhould have
been given to him, was illegally given to hi» opponent.
Semethintr had been s*U in relation to/tclings on thin
•ut.jecl. IIo thought ha need not ssy that lie waa not
• waved by any feeling other than that which eve.y
member ought to eutertam in pertorroing hi* duty He
hid not argued this eubject with regard to individual*
hut as an important question, and one in which the
whole Commonweal h wa* interested. Ha thought
•he Hous-ought to place (he matter on a fair footinr,
by d.-i.ig h t #wl»tch should have been done at fire*.
I.et the member who has b-en elected be sl owed to
take hta ti at, and leave the question cf the legilny „t
his election where it ought to he—in the hand* of th*
p -o;de. If, on investigation, he cannot retain It. let
hi* county make the declaration. Hut h# could not
a ceda to the combination of subject# which the com
mittee had entered into. There was a question of some
importance connected with this—lie alluded to the
duties ol Sheriff'. He knew enough, but not as much
as others, of the conduct of those officers. They often
conduced elecions in the most insidious manner—th-y
had it to their power, in many instances, to deprive
gemlrin-n to whom they were not attached, ol th-ir
rights—unless tho*e gentlemen had spirit enough to
ride ove* them,—and they uesdsd to b« booted and
spurred for the tank. In this instance, he did not say
that such was the conduct of theSheilir. Hut it wa*
evident that he had made a return which he must hav*
known was not acrotding to the law. The course
which h# wished h * case to take, saem-d to him the
only pro| er on#. It war not this case alone that wa*
concern-d —there were many others to be settled; and
it was an important object to make a correct dedi*ion on
the first case that occurred. It was his desire to set Is
the question of the right of suffrage fairly—and no
only the right of suffrage, but the power# of the officers
who preside over election*. It being admitted t! at the
Sheriff had no right to make Ihe return in lavor cf the
sitting member, because Davis bad a majority of votes;
it must *l*o be admitted that the latter is entitled to the
seat. It time had not he* n given to obtain evidence,
it could be given, and should it eventually be found
that (he election wa* vo:d, both could be «> n' hack to
the people. The ofjbet was first to deride who wa*
entitled to a seat. That question seemed clear to Mr.
K. If, a’ter Mr. Dav s had been allowed to t. ke the
s-at which, on the fee* of things, he wa* entitled to.
the eler'ion wa* found to be void, and the candidate
were again *ent to the people, he (Mr E ) trusted that
the Sheriff ol Orange would be taught whether the
payment of the lax o! last year or thi*. entitled to a
vote; and above ail, that he would he trught to rentem
her, ks long as ho saw fit to hold hi* idfiee, rr w-« re
tained in it, that he was nor a constitutional lawxfir
Ho wished these. eu‘j-ci.* to be decided as eiperiitmusly
a* po-sibls—tbe ro ner th • belt, r— ami a roirect deci
sion ol the first ra*e, would greatly freili'ale Ihe di*
position of those which were to come after.
Mr. B11 hour in rising said, th.t when he came to th*
House this morning, it wa* for the purpose of takmy
leave of the few members with whom he wa* on term*
id Irien-'ship, thinking that thi* ca*e had been settled,
and that Ins <q ponent and himself were going bick to
that tribunal wl.ich could not err—he had atipuoe-d.
from wlirt passed yesterday in the committee, tint this
contest roiildj.ot ho brought up h*re again ; -nr that, *•
least, it could not he lirnutht up by hisoppmeit il
.’il not deny that rvery gentleman hid a right to act a*
s-rtned tilim best, without consulting his adversary;
but if the obj-ctlon which wa* now made to the report
o' the Committee, hathe-n „mido at tbe instigation of
III* ouporien'—
nir. r.ppe* rani, n wm not *o mart*.
Mr. Barhour resumed. He had art varied (o (he tin
exp-t -d mat n-r in which (hi* di-cu*<ion hart ii|Mn<
In order to excuse the Imperfect remark* which he wa*
about o a irtreea to the hou*e. May I, raid Mr. H..
have llhsity to m*k“ a *»w observation* more parlicti*
ly c .ncsi ning my-elf, before ent- ring upon the qua*.
(ion now bet re (he house?— L-.ve being granted_
Mr. H. said, Mr Speaker, !• i» « lowtd that every man
in this country, whether h>gh or lo-v, i< inter-»t«.i ju
securing the approbation rf that unerring tribunal —
public opinion—Irom which ti ore i* no ap; eal. And I
must ray that I have a far greater ami- ty, that my
ronrtuet -houM in—tithe approval of my countrymen,
than in the result of your rcaolvee, tv he her I remain
here, or go home. I know not what d-»tiny a wain me
but I ■ot-mnly b-Heve that this will he the last public
act of my life. And yon may supp-se. tha*. «f er hav
ing b-*n hr fire my eountry for thirty y. ar*. my .0||
filude i« g'eater, that (hi* last act should rot dc ogne
f om the litilo shire ot lionor I may have earned in
thv v >no.is office* I have been called on to fill, than any
wi h to retain a *-at in thit house. For, although the
* a ion l« one o? h nor, and although it would have
been con*ol**oy <o me to renew the few friendsl Ip. 0
former days, that had not bean rut aettn 'er by the
fity brand ol pa-ty anlrno«|ty-and to .-e'a.ottnrt mr
he son* of those who have gone t» their long homo—
for it |« hut now enl then that I see a grayhead a
mo-.g them; and although it would h»ve gratified me to
have riven the mite,—although it was hut r,e w.do4*.
mite of my abilities and exertions rewards the establish
ment and organization of the New Constitution—Ytl
all tlieso sink into nothing before (ho supposition that I
am contesting lor a place In which I have not been e
lected by the people. In the political revolution
which has occurred In this country, among the
many change*, I became a private citizen. And
be as«urs<l, sir, that when you shall have sailed
ever th* **a of public Me as leng as | hsve, y*u wilt
have become glad to seek shelter Irom its storm* »m*
*t« temp-#**—when you have trovsl'ed ever th*1 prh
(o thirty year., you « ill find that tlmr* are nmr- tare
than wheat In the h»rv-«t of public »-rvice, J h*v*
h*t my full *1-are of tho*eebjec sot «mM"oft. I have
fil's I many places of high r< *p >n*h hty—pardon m*.
Mr. Spe«ker,->lor I too h«Cc b»d env oa'my day.* tort
ftere Was a time, nfi.o I re»e to (hi flout# n Ith -«m
liilU coaalderatWa. Your record* still show tk«l 1 *a*
ao i'iin(«r 10 th«i« w«ll». I have tern what hi< b-*eti
dtnisd to isioy, I have fern my owo l*o*l reg ite
rated—rieing in I • mlant nil'll, I It* ||.« ni) liui -t,ep«
hrril in combat with ih« hug* Oihah. I ti<v* *ffn ill
ligM ol liberty m »viog U|>iq ilt« t%4t#r*—««i»«9 ^uuri*
palitiee a nil power* htnle.l down, anil Irtnlom •|)Hn|in<
U|i on tbrir m o*. | have »r«n mv e ivii'ry mot| g
y onward in tin inarch of p-o*p-iliy. I b«v«
•••n •'■‘t P»****d lhr»U(li all lh-*e; and after * h«»>g -etie
ol pulilir I<• t>. ra. | ur<< r*<<iiivil in | rival** Ilia It «*§•
no with ol iiii.ia ili | | should La calla<l from u.y ra
llreumii*. |i iv. a a* Ilia w•»la ol the p op'a cl tli•
couuty m 0;aiij(a, dial 1 lirtim* a ran lida'e lor a »*«(
>n thia House. | a*ii do-iron. ul ih -winr ihal I am nnt
iicra to enlotre a.i illogil claim. I thought I »** h r*
l»y the voica ol the people I think *o*‘HI—ot I ncv»i
'hou'd hava taken part in the conleat whirli la now ha
fore the lions*. I driiteJ to remain in nclunhi. Hut,
alter having h«d tny full >lip« «f distinction, aftvr Lav
in* been the I o |ii -nt o jecl ol the p'ople’a lavor,
it lor me to rrlnae to serve my cotin'y whi’U rrq<i e'nl
l>y my lellaff*ci(iieu*f Had I dour ao *h«uld I hava
performed the duty of a republican.' I u a the term
republican, lor, although my title to it may hare been
questioned by iomr-1 believe I* haa-1 Mill claim ilia
name; and I will not aulfer th.i«# who alt in jwdg
metit on me to be the only judge*. I any, «ir, that
I w*« hero thirty year* ago, del.nd og repub leation
principle*; and after ward*, by the ride ot Modi on, op
podng the Alien and Sedition law*. And while I aid d
m laying the corner Mon* ol lli-> church — shall 'he con
vert ol yesterday anatch the cup from my hand, k rrluse
me the rights ot romintin'on { | **y that thirty yrare
*i£0, I wa* here at Ilia aide ol M ad'too, a b“iirdl -** boy—
He then honored me with hi* cot.fi lnice and hie appro
button. Ho does *o now. And il the prai-e ol Ce o
war, >n ancient day*, eonMderrd an honor, I may he
p: oud ot the pra>«e ol Ma ’i*on—f >r he i* greater than ev
er C-*to wa*. Hi* oame i* a ho.t in i a-It. I thou<lit, *ir,
when called on by my f-l otv*cit z *ns. 'hat ill wa« my
duty to coiue out—I did i". It i* not nee**»ary tor
me h relate the circuniManc*** of the elaci n —
let them pa**. 1 received the riiiillrr number of vote*.
And whit did ‘hie arise from.' From the precinct elec
lion*. I liotr wpirit* election* may, in *omo ca ee,
have been productive of certain good effect*; htu th-y
are alwav* liable lo evija. The Sheriff at the Court
Honae admitted voter* who had paid th* tax of 1829 —
which 1 believe every member of this Hou«e agree* In
having he-n in accordance with the comtitutional pro
vidon—while at the precinct*, tho«e who had paiJ the
ta* o( 1880, and th iae on'v, were admitted to vote tint
lor this discrepancy, Ihl* H.»n*e would not have ex
perleuced the pai lul necessity of deciding in the cas
now before it. My friend*, at ihe clove of li e election,
cania out, and inaiated upon my having the vote* can
vasted, to which I a*-ented—and 1 am bappy now in
addressing gentlemen who know what it |« to b* urged
by their friend*, end the difficulty th-ie ia In re>l*ting
theirrol citation*. But it haa he-n raid, and so general
i* the opinion, that I presume it mint be c .rrect, that
the Sheriff dhou il foot ha» j canvaMt il (he prertuct vot?*
Ha h.i« been *cvrrely crfHU’vc! for to dciti*. I am
ittniou* to defen I him, for I know he ac'ad from a con
viction of hi* ccrreciuea*. I wl*h, Mr. Speaker, that
you knew that man a* I do—for it there i* a true •• 1*.
raalite without guile,” in the world, he is one. !• „„
urged that il the purging of-the prcrinct vote* w a* not
provided lor by la*r, il tv** hit duty to purge them in*
dar the common law He ihourht that the voteaol
the precinct* were illegal, aud that he performed hi,
duty in in iking the return m be did. That he acted
con*eicntiou*ly I have no doubl; and hence my desire
to defend him. Tho next stage of the question wa
thiconipiehil ol his opponent. H. had no'ified him
(Mr. B.) that he had the largest nurnh-r of vote*, a d
should conteat the election. Mr. B. consider, d the
cand da‘e having the largest number of legal vo e* en
titled to the seat, aud looked upon that a* the true
ground on which it ought -o be decided. What then
wa. his situation? I» the Sheriff did give hi „ an iofor
m 1 return, still he ha I a ri<ht to the *ea*, h.rau-e h
bad the majority ol l-g*| vote*. He reasoned upon it
as he would upon any other legal question. For in
atsnca, if a da«d were produced in a court ol jmtice
and the conveyance p overt to be illegal, the dsed would
I—r •• ■»* »ubi ri n o( IIIF
opponent con vstrd (ha el.cll.n, Mr. B. jdne) i»,u.
wiili him on these ground*. H* went on ami stated to
biiu that ha had one hundred illegal vote*. Hi* o tpo
nent replied that he (Mr. B.) had HO bad vote*; and
on that point they joined l*sie; and they had thus f.r
obtained upward* ol 200 deposition*. Ha rama hrr
with Ilia expectation that ihe Home would give him
an opportunity to show that he hid the majority ol tha
legal vote*. And a* he at tint wi-hed to ba tried by a
deemon of the Hou*e, whether or not he wa* elected
by the voice of the people—he wee uow willing that
the people ahnuld decide it in ano'her way. He with*
ed only to hold hie feat by tha tenure of the popu*
lar voice; an I if th ro were doubt at to it* having
uee.n.r**.pfV/e<1’ h|- <*« willing to go the people again,
tlut it the House placed hi* opponent in the feat, da
pj-ltion* were to he obaio-d at to who had the in. frui
ty of legal vote*. Hut when they reflected upon the
tune, and the inclemency of the wea her. it appeared
doubtful when the question would be decided. I do
not know, «aid Mr. B , whether I have yet ariived at
the age of prophecy, althouih I am considerably the
wrong rile of Iho llne;-hut I prtdicf, that in the
course proposed, wo should not arrive at a deci-ion un
til your labors would have been closed.-He had sup
posed it proper, if gentlemen diiented ftoin the Re
parts, ta let the question go hack to the committee
He was readily convinced of the propriety ol a reaolu
t.on to purge the poll*. But how d a. the gontl m.n
from Sussex look beyond the facts; and ask th. t my op
ponent should tak- my scat while tha' object is «fle- e.‘?
He has no ground for th* s.tppor; of Ida proposition in
the R-port, for it derlare* tha' neither have been el-cl
ad; and hence the question had boner go back to -lie
fountain of power, where there can he no error. He
'.u .r'£* k'£W th.a* *hB f,CB oflh" relort it was at,ted
that Mr. Davis bad « major! y of Votes. But if it was
the report it taken at all, uniat ba taken altogether—
and it debated hat net.her of the Candida os w re elect
ed. Could the House then evict him, (Mr. B ) in *„ch
a Hate ol thing*, and place hi* opponent in his seat ;
I he gentleman from Su*«ex had been pleased to allude
to Ins, Mr B s public services, and to a-ume that it war
impossible to prevent hi.n from obtaining his rights
lie believed however, (hat tho gentleman could net
hml a single case in "'•hich ooe parly was eiec'ed ami
another installed, while the right of the part es M il re
rnamed a question to ha dsc.ded-egr.pt Ihe case of
Wood, in the contested election of Prince G»orge.
Nr. B. happened to be here when that decision
took plac-. n w„ „ little comical, a little farcical
ami also * little traglca'. He did intend to give an*
history ol (hose limes; hut be would say, that ihe ■'«
cts on recurred when parly feelings were at thru
height. And he asked the house whether ih*y wou d
look with great consideration on precedent* which grew
out ol he heated excitement of par y animosity? pr,.
cedentg ought to he fixed in limes of tranqui'li*y. when
'he pa-«ions and prejudices of men are not lia dc to m
• '7“ Vrr’*? n-4 ic'*■ An,i " was ad
mi ted by all, that precedent* e.*ahlia*.ed under the
operation of such feeling*, ought to he taken with rr.n
ny grams of allowance. If ihen. this ease of Wood
waa decided .under such unhappy circumstances, and
was un'uppirted by any other similar derision -es
pecia'ly a* the man wa. alter* ird* di.ml»*ed, he would
.uhimt to the house whether it ought .o have any ve
ry great weight.—Ihe pre 'o ainant question in the
Arr,T TVS "V* htd,hB ""W'rol '-*«• vo.e.»
thc plo.,!? def "on h° "4* wil,,"S It* let It go b.ck (0
«ha« perhaps it would S„.
u r. . •« 'he hour was I,re, a.,,1 ,»i*t Mr
B. rouhl close his argument to-inorrow.
Mr. Ba hour resum'd—he h„d but ||it|« ,0 h.
knew ha was f.tlgnlo* the house; hut It they could
. *.T ,,l\h* 7r:-‘"'V The member from Busses
a if m" h ,at ,he C°J'? V** °'"!h‘ «° have confined it
Lfwa, ??.qL,7»; V10 ' va,iJi'y 'u r,,,urn- But
he would a-k that genleman whether he could limit
hlmeelH. ^ ” M '! he WM h"Ppy in eddres.in*
himself to alar are number of eminent bwye,,;fe he would
»e judged by them, for instance, A. Insists that B
owe* him 10 pounds, la nothin* to be in issue but the
T m 7 t'* *n<|®htednea» of B? Would you allow
A.toaay, adhere to iny point, you shall not consider
" ” Si” “*n<, r,°* \"°W B ,0 ••y “I paid
t. Would yousay glva the sum to A., and then
r T «V'T y *• an *tec,,,ion to B. to
regain It ?—Such is exactly the proposition of the gen
tleman from Sussex. I *ay I had the majority of le
*al votes—but, sir, that has nothin* to do with if, savs
the gentleman. I confine you to the subject of the return
I do not look at the (rifliu* question of votes-that is
not the tha subject ol consideration! So with an anti
KOnlst who should say, I will light you s r, but you must
not attack me In a particular part; that ia nty weak
point. Such was the argument of the gentleman from
Sussex. But was there ever a general so silly as to
agree to such terms ol combat? It would be Hie same
If a person were to go Into Court and produce a bond
against another. 1 he defendant says he has paid It
and that is the question which he wishes to Iry; but the
Court says nn-that is not the question-we have only
lo ascertain whether it is your hand writing. If It is
you must pay It; and if you have paid it before, you
can recover your rights by a subsequent suit! Me un
derstood the gentleman to argue In thia manner. In da
clarfng that the committee abould have confined them
n. . !a •* »er«»My Of the return—
,, ’ Mr B *h« n'»o*fion of the return is, in my
.,*W’" r"M,,'r of little importance, when compared with
fhoi.5J.»^L5,,#,rt,0n °r ,h* of ,h*' rot**. Me
e I'rvirdin* PmpnHUon, under the circumstances, an
”n hi »7 f 1? * Tone, that bla opponent should be placed
in nta eat. And -aid Mr. Bsrhottf, f now declare that
th« mouida! my opponent w placed in (ho seat—that
moment deride* the question awl the ronlaat— forever.
The Kontlcuian bad asked In allusion to this aubjort,
* bother a Court of Chancery woukl entertain a quibble,
after having derided the main queettoo of a caae before
them. Me waa certain that the remark mu«t have hl>
ten from him unguardedly—Tor he could not suppose
that the gentleman intended to declare the Im
portant question of the majority of the vote* of a
county, to be a mere aulbble. The right of auftfage
could not.h* ahould think, be *o lightly considered by
him. The gentleman had alsoaa(d,Tn the rapidity . f tile
remarks—he did not mean an Improper rtpidily—that
the Sheriff of Orange had given a return which lie
knew to be illegal. In a ylug this, the gentleman
could not have known the individual to wliom he allu
ded. No man who did know him—
Mr. Kppes rose to explahi. To relieve bo*h the gen
tleman from Orange, and the Sheriff of that county .from
■my imputation, he would elate that he con-idered the
duty of the Sheriff to be to make the return according
to law; but not having done *o, his conduct waa cen
aurable, without auppoaing that he wilfully violated the
law. Tlii* waa the acme which he had intended to
convey.
Mr. Harbour reaumad. There were aome men who
were so fortunate a* to posaaas the pow*er to look through
difficult case*, and aee clearly all their pointa. But all
were not ao happy. Thl* case of the county of Orange
was not » singular cate. He had heard, since he had
been here, ot a similar case in the county of Patrick,
and of other* in Prince William and Fauquier. It waa
well known that tho law relative to the qualification of
voter* waa differently construed in different places._
Diirerence* in the construction of lawa were very com
luqn. The inferior courts differed from the Court of
Appeals in many of their decisions—and since a diver
sity of opinions so frequently occurred, it would be hard
to condemn any officer for a mere error in judgment, fie
was therefore gratified that the gentleman had made tho
explanation. He did not know that it waa necessary to say
any till- g further on this subject. He caine here to take
leave of his friends, willing and ready to abide by the
decision of the committee. He was willing to go back
to the people. But he could not consent that his oppo
nent a'rould take his sent, because he sincerely believ
ed that such a decision would be made against tha will
ol the people. In any other decision, which ahould re
fer the question to them again, he would cheerfully ac
quiesce. In conclusion, he declared that ha had rather
remain at home, than under any, even the moat advan
tageous circumstance*, occupy a seat in the house. But
while he believed that ho was the representative of a
majority of his county, their rights, and not Ills own, call
ed on him to delend hit tills to the seat of a Delegate.
Mr. Davis of Orange, rose In one of the back seats,
and asked whether he waa entitled to be heard_the
Spoaker replied (hat he waa not.
Mr. Morris said, that the lateness ef tha hour, sug
gested the propriety of postponing the consideration of
the report.
Mr. Leigh said, that thcro was no doubt of the pro
priety of hearing the contesting candidate fromOrnnge,
at the bar of the House, whenever the consideration of
this subject should be resumed. He would make a
motion to lay the report on the table,—which wi* *
greed to.
Mr, Leigh then moved that whenever the IIouso
resume tho consideration of the Report, the gentleman
contesting the election of the County of Orange, shall bo
heard at the bar of the house, which was agreed to.
Mr. Millar of Powhatan moved that, when the house
adjourn, it adjouru until to-morrow at 12 o’clock, which
was agreed (a.
On motion of Mr. Morris, the 29th iost. was fixed
U»r the consideration of the conteated election of tho
County of York.
On motion of Mr. Miller of Powhatan,
Tho houso adjourned.
\ ESTERDAT.—1 lln I lluwloe petitions were rr* ■•Ct
»d and referred-By Massr*. liur'on tat Miller el
jwlui.n, from the counts ol Che.le. held, l*owh«
Un, and A.m-ht, Jor * Ire* brl Ige .1 Richmond_By
Mr. Campbell. of Bedford, from Joe Quarles, for leave
to remain In ihr Commonwealth—By Mr. Baxi-r, from
”7i" C!t <8''* «• OrranhrUr, t. be ad.ln.l to Pjcahou
Ua County—And from Robert G«y, to indeau.liy for »
hor.e l ..t in the public service—By Mr. Yancey* from
certain riH-na 10 Bu-kiogh.m. to ptrmit Mea>r«. Bon
durant and L-wi» to orert a dam aero,, fh, Dorihrrn
arm of Jarne« Kiv.r. at Goolsby'. Falla—By Mr
Collier. &c., lor eommu'oilon p.iy to which • m.,
MarahaH ao.ltled a. an offie.r ot the Re volutfonl-By
l0Sl:,r0nJrW"1^- present re,ft
A re.oluiion was read from ih. Commllt.a of Provo
a I on# and Grievance., I,t. For repealing the erf e-u.
blabin* ■ precinct election In Harrl.on County-And
21. Rejecting lha petition of rundry inhabitants of Ms
.0.1. Kanawha, and Wood, ft r .be e.I.Miahmen, J a
the ground that •ufficient notice had
not been given These rerolu’lons war. concurred iD
Rendu.ion* from Ilia Committee for Court, of I,.,
He. w.r. r*.d-l.t R.j.Co, ,h. pa,i,Ton of RebJcc
Go.dal —and 2nd Of Felix tern-, of Norfolk County
for a divorce. 1 l.a br.t waa adopted, and ike
amended on motion of Mr. Thompson ao a. 10 d-Vu J
he prlition r-aronable. P ’ ° *' ,0 declar*
"I" rfaJ fr0,n ,he ‘ormnltlee. „ld
agreed .o.declaiing it inexpedient to repeal lha Uw.
authorising ili«tre«>e, for ran*. r *
Some discussion took plare upon a raaolution
th, Committee fo, Court, ef Justice. r.jec!i„t ,he
tifoo of an em.ncip.-ed woman of color. In ih, eounty
Mr We-- oTpm^r^*‘° r"n*in ,n U>i* S'*'
. / ?' Pr,nca. G#orK*. nrioeed to am-nd the rr
Mr* R* i!,.d '“"‘"“"•/■•■nd permit her residence-—.
Mr. R. appealed strongly to the Hou,a jn behalf ol
Iha rerulur c rcum.l.nce. of the paiiti.ner-aml Mr
Let* . opposed the Amendment, cooiandln* that the
nera! policy on .hi, aubj.ct, ought no, ,0 be ll^.rt'j
from. Mr. R ,‘ieo moved to amend the rcoliition
by al owing her to remain a limited twr-.h . :
y;,.'t,7.‘°vk’°,h* -<
JJ: ly Mr- *
Hreolvtd. That the Committee on R.ade an I Int-r
na! Navigation ba Instructed to enquire into theme
d.ency °, requiring the Lynrhbnrg and Silen. tI?*.
pike Company to apprrp I ,ie the to'ls of .aid Company
to the extension and complrtion of .aid Turnpike P *
0 1 mo ion of Mr. Chieh ,ter. it was “
Jleeolved. Tnat the Committee on the Militia I.ew,
he metructed to enquire into the expediency of .0 a
m-nding ,he law relative to muster.”a, lo requ re hu
ore mu«ter in a ye,r. require nut
llr. Pollard ol King William submitted a Reaolntlnn
1“ *'i" "s.!;-" „t arss
H r U" ™"'V- -“■•I* -«•
1 lie following Hill, were read a ,e. ond time ard o
drred to be engroa-ed for a third reading :-T> anlhor
f*r ,V;P.election in the county of Princ- Edward—
for hr ran e purpose in the county of CJreenbri.r-and
for tliM 9«in? rn »nr» rnunfy of T\ I
THE ORANGE ELECTION'
m Mr' •h" “binary bualnoft ,ra«
laid on the Ub’r ai d the report ot the Committee ol
Privilegaa and Election*, on the cnntceted election in
(lie coun'y of Orange, war taken up.
The queation being on a.loptinK U„ aubMilutra for Mir
r.oolutloQ. of !hr committee, offered yeaterday hy Mr
Mr. Morrla Mid (hat an order had ynaleiday been
made that when Ihi* aubjart WM again taken up, ||„.
rnotrafina can lldate ahould he h.„d at the bar 0f (he
Hou.e He moved that he now be admitted; and that
h- be heard on the aubjerf.
.„Mr. yraterday to give
an egplana ion of the eirrumatar ere whfrh took place
in (he county. But hr rhould not perriet in that derlgn
Hr waa rorry that a miaunderetanriing had taken pl»re
between him aod the committee. He certainly did not
underrun,1, on the day before yeeterday. that according
to Ihe Rep .it he »hritifH be preeludrd Irom c< ming be*
or. th,a Moure, and he wa. not awnre until yr*.
(•►day that tt wa* »o tindera.ood by the commiPee. He
Hd not i,.t,„d to rl.te hie cave at Urge, but had agreed
w h hie rounael on a atatement whirl, he would e„b
1,1 'n "flUotr, and with the requeet that it mieht be
S2iy 2" ;i'Vk M' ?• <»,enqhand.d in tlm follow
Mat-merit which wa» read by the Clerk :
“The rnn'eetia* member haa at way a raid he could
eTa"' r"lnf rhor'°* ■>»«•••»* tn III.
eat, ant to whirh he cooaid- red himaelf entitled—but
JJLi. ,h:o,,«hL h‘\ «"•"**». <*»•« thonld lb.
C tmu.i tee deride, that the election ought to be vaeM
ed, ! n that anew writ ol election rhould |.e„e, |,e
IhM m'l,r u£* "M l*«»n«lly conerrned, abide by
rrn . a I!."”' *•*"*• **••"•» rtcclarra hr haa no
m y/‘ mn,i onn°" made to reverar th- derMon
7 ,h . (,’H»tnlMee. The difference between ngrrehir
thM the Committer ahotild coine to a particular con
c umon, and . declaration to abide hy ihat ennelweim,
•l made, waa yeMerday alluded te and Mated in the
Uommittre, end i« now repeated.”
Mr- D e»l<l that it that *tatem*nt air ealiefaftnry
be Wa« willing to reel the ra-e wi h the per pie. But
bn bad liu, InMrneteil by hi* Mm,da in the county, to
aecrpt cl i o terms nod to aubmit hie claim* to thn de
H*on of ihc flouee
Mr Morrie aMd that •• chairman of the committer
7 and Election* he had fvlt mueh nu r*ifi a
'ion yra'erday, that a mi*un 'orrtanding ahotild l ave a
f'^ti, and thal no mlMaken grounds a report rhould
h*re been made te the hnuao with th* dcrUtation that
both of the r»Ml*a to the eonteat had agreed to he
•.nindjby |tf deeialnn. But that mortibra'lon waa entire
y '.moved hy the raplaaa'lnn ot the ronteetlng randi
The report, on Iba ground* which ha had men
tioned, had t een atibriii ed »l-tn*t that detailed Mate
rnnut <*f 'h# far te, «tdeh the "HKji'tM upd.r „>b*r c r
cum.tei.ee>. WMld h.va Ibcught it ihctr ifutjr to present
K«t il My iMabw ilnuU wish ibmtoefe *4 tba «h, m
tberepoet.rbvy could be spread bstos.
**• hoarT°r b* d®*« *■ Nn eitherof .ha par
wished il. The chairman and the Commute hew
•r#r. had been ot opm.ou that, in cooaaqueure ef the
acquiescence of Ibe parties in (ba rapoii, u «„ u,lD6.
caeeary to burtban iha hon e with all iba daialla •( their
Investigation. Il a w th.ught that, il ibe pait.ea ware
•atisttwd, Il war I'uch h«n»r »o employ iha tiuia ol Iba
commit e« on vibes la or*. Ilian spend n in dr.w|,.g , »o
I'Mi in <u* tapon ol iMuute lirla. 'I'liaia was ntia ot>».r•
vjIiou o! Ilia * n la in.in lro<h liimM, wbicb lie though,
no by ol no |ra. H« «a. •nr.I to thilk II a< iba rem>uit
tee b .1 rati see nded iia p -wera to reporting oti iha lard
1*1 * In iha al> c ion, 'at tb«-r Ilian 'v >!arMi on the
y lull)y ul tile return. Il that an the opinion ol ,hr
<entl» ni j -- ‘
Mr. hppessaid, that i* *,0t my opinion.
, 1 *,Jr™ teaumed. I be testimony ae lo the valid
i y ol the return, neceaearily ambraceil Ibe manner In
which the election waa condueiad, and the qualifies
Ilona of .he voters; and be »as ,„re that if the gentle
JJ1*" ,/,J •c*'* ,h* *®«‘i"'©»>y. he would hare admitted,
nected byT ,j“CU *«•!«•««/ ««•
Mr. hppes said that in (ba opinion he yesterday ex
Ked| We'“. "° ",,n ,hU- The election
having been contested on the ground of the Illegality
of the return, the Committee was bound to consider
and report orMhat aubject separately; and the contest ng
member having been allowed to take hia aeat, h w„,
then tho duly of the comiuitee to examine the polls
Such waa hi* opinion.
Mr. Morris wished to make one remark in reply to
the gentleman Irom Sussex. Ho seemed to think that
although the iuvestigaiion or the legality ol the votes was
uecessary to arrive at a decision upon the return, atill
the committee had no right to repot t upon any point but
the mere validity of the return.—Mr M. supposed, on
the contrary, that, when there were two questions before
the committee, bearing on etch other, ibey werr au
thorized to report on both. On this question, ihs com
uii t-s had to ileci not only on ilia right o' ih- return
*d member to retain his srat ; hut on the right
ol the contesting member to the return—for the elec
lion was contested hy both pattl/s. They having de
cided the first q irs lm, that he return..! m-mber was
not en i'le.l to Ins »ea', had then to enquire whether
the ret in n should have been given to iha route, tins
candidate; and had they found that he had raceiv-d
the largest number of constitutional votes, they should
unquestionably have reported in hia lavor. U.it lo in
vestigating the two qua..ion. pr.-eeuted, .be committee
loond that iha election bad been -o cundurted that i wae
nol a l-lr expression ol iba public will— that it wee
v tie ed altogether. Was it not then. Ihtlr du y solo de
clare it.' It would not certainly have he-n proper to have
reported iu lavor of a Iroi'tlug to a seat, the conte-t ng
candidate, when tbs election waa proved to bare be-n
e-'d. The committee saw no oher course hatorr
them than to report in favor of •ending iha candidates
t»4< k io ptopu for an.) her election.
Mr. Mill.r of Powhatan was of opinion that Iha re
port ought lo ba recommitted. If i did riot aulfi. ier.tly
under-land the merits ol the case to vote mot. the re
port. 1 lie bouse was about • I . g a n« w go- rn.nent,
and the right ol tuffiaga among o-h rsu'j-ca. h.d to
be a< justed. Th- q e-utn at laing out ol -has- co drst-d
•ltd ons were of great importance and o ght >o b-ad
just d with great care. He did tl»t think the du'y ol
• lie coni...litre had h an performed, in reporting upon
the subject, wiihoi.t giving a lull and ii.iiiute ata'emvut
ot the larts ol iha ca.e. Such a rcp>rl was not satis
factory whe her thrt contesting ptrtt*** agreed to Ir or
n<v, anJ (II I nol give tho Honan sulTkiaht grounds f r
a t ug upon il. I w a . o: it a county ot Orange winch
was alone interest*d in this queeti n It concrrr eJ the
wt..,le ft its, that <he mp er should be correctly dec! !rd
\r %# If ■--- * - •« • lu.imiM wit* rcntnri
Mr. Morris did uot wish to be understood as offering
the least opposition to the motion But he suggested to
the gentleman Iroin Powhatan that his object would
not be ejected by recommitting the report, while it
would prove a greet inconvenience to the parties. He
was aware of the importance of settling the constitu
tional provision in regard to the right of suffrage: but
he behaved that tills was not a case in the discussion
ot which it could he settled. This was a peculiar case
and attended with circumstances which would render
it an improper subject on which to discuss the general
suffrage question. The gentleman from Powhatan
might be assured that the question of the right of suf
frage would be Tully acted on; while it would not be ne
cessary to send this subject back to the committee a
cou ae which would cause the panics great inconve
nience and bo productive of no good effect.
^r'i *a*d iha* the rocominitinout would
prove highly inconvenient to the parties. '1 he con
testing party had informed him (Mr. M.) that be was
not prepared fo go into (lie examination of the votes
Until that examination con'd bo gone into fully the
committee, in case of a recommitment, would be’una
ble to report, it there w^s any deficiency in the evi
dence, the case must remain suspended until it should
be supplied. The only proper course seemed to be that
hey should go back to the people. He agreed with
me gentleman from Powhatan, that such quesiionsoiirht
lobe settled with great care. But ho would not lav
down the rule in a caso iu which it would operate un
justly on individuals. r
Mr Moore l.o >ed the report would not ha recommit
•J. Hi* opinion at first had been acaiust this report —
but it having been made, and a-sen ted •« by tha par
tict, he thought <hat the Houpc ought to adopt It. If
the course pointed out by the g-u.lcmen from P.wha
tin wa* fol owed, the II >u»e might sit b re <be whed
sa-ten discussing ponte.tcd elections. It wss a prin
ciple agreed upon it. the committee, that the partes
should narrow down the point* in dispute; and it was
understood when the report was brought into the
lions-, that the parties arquhaced in it. It was hue
that the puMie was deeply interested In these question*,
but it the progress of the House iu considering litem
was to be ob truded by an examination of n.ir u( »
they would occupy too large a portion of Us lime.
Mr. Davis said that tho genllenian from Fauquier wss
ccrr.c- in his statement. Ho (Mr. D.) had .aid he wss
not ready to enter upon the egauiinatiou of the vote
U-T he never expected (he car., would he decided on
that point. He was tow willing to go bark to the psn.
, lo it It so p eased the H, u e. or he wa. wilbng tha.
the House .hou'd csnvass the polls; or if , foitntgh
were giveu o canvas* the votes in the county, he wunl!
t„.,hd „,K.lTro.i
put he decision ol ih* case on the question 01 the votes
That proposition emanated from the other party, and lie
wa* tiow wilting to n eet it. r 1
Mr. Witcher had not intended to say a wo*d on this
subject; hut he now rose to state Ms objections to a re
commitment. He had sat in the committo- Irorn which
this report earns, for lour days, on this subject The
commt.Ho wore perfectly satisfied that the elrclion
was v°'d. It would be of no use to send the report
back to them. The. Jsetion wss declsrs I in the report
to bs vacated. B m .|,o gentleman from Powhatan
wished for (he facts and rea-ons on which the report
was mat•*••«<!. Ii that gentlemen would look at tlie
report ho wocid :!i-re land both fact, and teams tor
tb* do 1-ton -f the coinmt tce. Con.iderahle bad been
aa.d as to th- agreement of tiro par net to the report
and it was on the Agreement of tiro par ies to ibis’
cou-so, and to waive the rtght to have the rf,t,j|, ,r,
forth—that (Ins report was pre*mted. If the deli,
now proposed was intended to allow sn oopor unity
to investigate th* voles, i was certainty un less—*ir re
the votes had b*en declared to be all vi i.ted and bad.
ib el r a * t° u u 111 v' * *Prov*’ ‘“convenient, without
iimop explanation rela'iv,
tnatin^r of takiujt vote* at the election.
Mr. Millar of PowhaMn <*.. unwilling i0 puf ,hr
committer or the partte.fo inconvenience—hul |,e ,|io
<1f*nrrfd.K*U,','n'‘n1'0,''h' rP*,n* «" ^l.lch ihr dee}.
•Ion of the coinmiltee war founded. |, w„t ,,M (hi,,
hor. raarnn. were not given hreauretlie pulla. »axrtA
1?, * ''! by 'h: H. rr'- B " ■«r»«'neol <*<• of no
. ^ m"* ° b,> 'he f.rt# of the rare
to d. ci.tr upon. 1 fir committee hud them all before
llirm. But the Moure hid not the rime fi.hi* and he
for one, Headed them. Me eo.ild not now tW, a vote
• n ihe Mihj-cf, with a clear undemanding of it* natnre
Me warrure tha the eentleman from Hanover, or th*
gentleman from Fauquier, could fn a abort time draw
"P a itaiement enhllltl * all the riron* point# ol ,he
c«*e I here war another que.tiin worll.v of att-ntion
li waa whether the yeierr who paid ilie fay of ’20 „r
fho*« t» I 0 paid (hat of ’.{0, were entitled to their rule
lh*l qu* .I on Oiiah' to he derided by il l. Mnu*e and
the cor.riltut.of al , ronrion exp'alnerf. O hrrw.re,’ the
Sheriffli. eon fueling a nr. elrctlu, n,l«h. fiml hi |f
«« miirh difficulty ai helore. 11- rill adhered to hi.
motioo to re-rommlt. nl*
Mr Mo-rl.prr.um-d the gentleman fr(Hn Prtwh,„n
h d not had ano poMuoityof ea.odnin* th* H-p,ri
ft r he would find that the comm-ltee had th-" , , A
:::r. t *r
'as r.e h.nrfi: of atich a me a dre.
Mr. Wa.kinr retd that if tl * Report we, re-eommlt
d, a new que.Men would ori-e, Th# ,, ™
he tat of ’29 Cr ’30. would not he ol Lon,.
pf ItStt would then he tha o»,|’y ro<***
If thiaanhjecf w-re d-layed unUI the y»ar exmr.d
nhleh''miYt r0,M h* tn theyn,w rCcdon
:nk««i'i!r'..
Thr qurr'ion waa then taken on ra.commilling Ihe
Rerorl, and wa, derided in the negative.
, Jb* "^oronrnyin* tha Report cere then
put, *0 * Util'il |{| the -ffi n>*«ir.
Mr. Mem* »M, that it would k« tort mi, o', If tt
wm toaibtftt with tba r«l**ol <k* H«u... ,t.,t •
day ahaulti be fiaod.aw which tho atrciioa in il. coug
ty of Orange ahoutd taka plica.
Tha Speaker taM that* «aa no rote af tha Hoo«« an
tha tubj'Ct.
Mr. Morrl* raid it waa in accordance wl.ft tha »Uh
►a ot ora at tlta candidal*#, that h* ,|*«lrcd. it «t aM
competent lo lb* iluu-a to tit a iht.tlut u iu.m
done. "
Tl a Sp*.k.r raid that h- «*«>» M fpnily , 4 y (|,„
mi , It to i,.» rtictod tt the It. u <c
•'[ • • •• than rahirl’tad th* lvt!oab| R »• I,1
lit*' left, riiat ilia 3? Ii day ot lliia montlt, Ua hard
(he ,J#y in wMeh (he Flection, t'ir, ctril by thu
Hou«* '• li« ui >d#, m tha county ot Ora-tg*, f.» *n|.pty
, i.ia tie no) occa«io, « t hy t>,« eetlieg a#id* h.
*i«n, wb eh took place io Hut county in the movtl. „f
Or ober lait.
Mr. Mi!l«r of Puwha'ao. add he wa, *orry, ,A*r -he
-Miajiorl ha had pr.viou ly otg.lned. in »ppo*|i-lr
tha mu l««,iD fjoru Hat-over, -u tin.I I i r.,«|f nKMia,
voc.d to him Hot he (Mr P) wi.p- r-pini, rr u,*,(
th* propeeuion now b.lo-e tha llmi i, w,m (. h!, .1
tarailau nl 4 law at th* land. —(Mr. M. here ,#„• font
the S a’u-*«, th- cU-i«* in r-*»a ion to th* no ifje,.,, ,
in which >|a declared that the Sheriff *h*U «ive ,.«>■,*/
01 th* tint* ami plact at which ilia election eb-"iid be
held J—Fioin th a law it appeared that it ar.a :he ,|.,iv
ol -lie Sheriff in ti« the fw/»g of lialdto* th* * *, m n
and unlcaahe Hnu#a lutcmlcd to do a way h-law „n flic
•ut-jeci, lt« di! not conceit a that K ey o.uld dir»ct a dry
lor ho dl, g >li# alertio*. 3
Mr. Muni* had no wtrh 'n p,e a hi, mo'lon »g.fr>.( -r»
•et«l ibi Oriidii di amliiy. H< had aapr-< « ) ,|cnlt>
aatolho power of the Ho»i*e ; but tn leading tl|,. I*,,.
he conceived llul it wa* th* prerogative *>t t‘ e lion**
i *** *!** The P,r*rrM'*'<’tt *d |ho law an, ||,,t
•he writ Iroiu ilia (I r,j*a rliu'iM rot, llic Slier IT, when
it w.»a hie duty to giv* ii'-ttc* of the ftm* end place of
holding the nlrrtion. Hut it war not •l»clatcd that
the Sheriff ahouid tig the time, although that war get,. -
rally don, by him. "
Mr. Leigh thought it won Id onU' to the a»n'It.
min IroBi Hanover, that it would b* Itieije<tiwnt tj
break through a grmrd rule, in r«rd. ■ to giv.- direction
to a particular rj e. Alih Ogh tha law did not »» gu .
lutely declare that the Shrrdf ahouid fig the t n , of
Uulding tha elec iou, the coat -nr had received the *«nr
tion ul tlta*. Hut there waa ai.o lierrr und on Whi-ti
that duly Wa* propttly ennh ted in tha Sb<-r ft. The
61 ingot -he lirne Very tnurh dc/>eo«/ed on lb* I'irtie
at which be election took place, in order to icc*„.o.
•lal* the voter*. Ha did 1 ot riae particularly lo arena
thia atil jacl, ba> to a-ldrau a lew rnnaik* lo the t*(,
Cnidi late* flhm, Orange. On* rf the great objection#
to the election* w< ich bad be. 11 c ii'e. ad, wa* -bit th*
CotnmieMoiitra of the predi ct election* Uiltd to i»k*
JV0.l!h ST"1 • f y ,h* ‘'fini'-u ot aonio
lljat tht* d. * not vitiate the election*—hut oth-r* wern
O’ the coufary opinion. He would nurgeat to the two
gentlemen, or any other gentle,neo, who wre C,t.dl
t|a-. a f rrintio i ir. the County ot O ange,*t^ avoid i<f*
heu ty .n tin# reject. Th-y touhl 1 ot w ,0 lll0ut
a point, on wh ch there w*« #0 much d tf. ienc- o-«» in.
ioo. There waa anotuar p In- to which he »onM *|.
l«He: Cmniniv.loner* wera epnointrd ta I10IJ the elec
o 1* in Oct. b r; h- t h Ir c-.u.m../! «• dl l not aut> or.,*
than, to l old any other election. A «o .r- d#y „,„,(
(hrrrf-»«e interve,:* in ordar that Couimia.Kmer* ,n*v
!>* rii powered to hull th #* vl.rt.on* — ron-eq-trii !v a
court -lay ought no- to te tig-d oil I r the rle tljii-. |{H
1 o'* hit opportun-iy of pul ing the g«utleu„o 011 H.e r
*ua-d, iu order (hat there mlfhi tint t,e .m-nb-r ron-e.r.
ad a e cl Ion (tom il.o County u O ii-ge. A# to the tig -
•nr of tha t/by the Han#-, I « objaroJ'o it. b-c#uv«,
he W4, opp ,*ed t j the breach ot * gaortal rui* i„r d
P4ri|rul.tr rug .
Mr. Morris said that hi* friend from Hemico knew
that he (Mr. M.) was not disposed to overthrow fixed
tie.iKee for individual vmivcni-nn e. In tliie Instance he
hed made this motion In compliance with the requ at of
one of the gentlemen interested in the elec ion. He
should think as a general rule, that it would be better
to le vc to the Sheriff*the fixing the day. But he sup
poted that in this caae there was some good reason lor
the request that the day might be fixed by tho f-outo,
and if ao, the House must have the powrr to decide the
time at which the election should be held.
Mr. Brodnax observed that the Commissioners had
the power to hold every election that took place within
the year Beaidea, that the Sheriff* had the power, in
caae of there being no Commissioners, to appoint them
at the time of tho election. The suggestion therefore
or the gentlemau from Henrico, that a court day should
be included, waa unnecessary,
Mr. Moore, in order to prevent a protracted discus*
sion, moved to lay the resolution on the table.
Mr. Davit said that he had suggested to the chan*
man of the Committee of Privileges ai d flections, tho
motion now before the House. He cared not on what
°L '*le we<*k the eluclion happened; but he wish
cl sufficient time; so that it might not be in tho power
of the Sheriff ol the county to do him injustice a se
cond time.
The question was then put on the motion to lay on
the table, and loal, 67 to 61. '
r..M,r‘ Tr"iLn.,or*<1 Wank in the resolution La
filled with ‘29fh day of December M
Mr. Witcher doubted whether that day, would Hi*
time enough to the parties. He moved to fill the blunk
with the ••first Wednesday in Janury.”
Mr. Terrill objected that the election ought to
place within the present year, as none but the qualified
vo ers of the present year ought to be allowed to vote
on the new election.
“Afiersoma further remarks from Messrs. Morris.
iim h* >,ld rerri l' Mr* "itche* withdraw his mo*
Mr. Dsvls said, thM Ml he wish-d. was sufficient
tune. II (her* was not sufficient time in die resent
year, the election otuht to take place in th- r.r|>. Time
ought to be given for notice to be effectual v viven —
l he county ot Oran*# was 70 mtl-a round and it would
take him thiee days to cet honi*. He feared if (•.«
29 h of Dee. were Bird upon, the county would n^t
be thoroughly noufied.
*M-. James Barbour a*ked leave to address the House
winch hving granted, he said, he under, o d that it
was the general opinion, thst the e'enicn ongbi to Ko
back to th '»e, who were entitled to vote on th--lec
tion in O.-tober last—and that n» class i f voter', who
had not then t right to vot-, ought row t0 l,„
e I ed In, to a. i-t in settling this Hut
if the election were fixed on any day In the next
year, a new class ol voters would undoubtedly be ad
mitted to the polls, and a man would be entitled to a
vote, who should have paid one^ solitary cent of taxes
on a par with those who had paid thirty rents For
such was the law. Now wh.it was the necessity of so
much time as the gentleman demanded.' As to infor
mation being spread in the county —who could doubt it?
— When the rapid means of conveying intelligence
through the county, which the present period afforded
were co sulered. no one could doubt, that tho informa
tion of this new election, would spread like wild-firo
through the country, and he known in every hovel with*
in its borders. The intense interest with which this
contest had been regarded would Insure the spee
dy conveyance of the news of a new election. And
as i.nu a* Ihv tocsin sf that t ew election is rounded
its notes will bs r-verberated In every huilow and bv
ev,ry htll-sld- in O an** county, W»ot tin.* for
li.rinettiii! Why die information lias already »one *„
• he Court-house of the county; and it Is known th*l a
noiher il-rtioo i« to take place—And on Monday Mr
Speaker, we shall be them oursehss—and the Infill.*
'nation will How forth from thst r-«erv0ir, to every .„r(
ol the-county of Orange. But there w» another point
on which this subject was important. During tho , eQ.
deney of this rot.tes», tho county of O ang« was dis
franchised—And who, when he had shewn that Inforavt.
tlnn c ni l easily he given to all parts of the county lu
tmle time,would prolong nnnsrr ai-nlythat di f anchor
m-nt' W hy give tune beyond w hat is necessary t B a dea
tir, we have a paper—a newspaper in our coin ly—an
advancement which I am .roly g|«d to s-e—and ha pa.
P®r vs I I go out with til. neves; a d it w II be In f,e t a
tl every man. The Shet iH>, the f lends < f he par I .,
tor party seal slid p’T y iitend-l ij.s »r» on the alert
•rnoog us will aid to ri rotate the in'elltg t r-, sod
I tepeatI —there will not be a man, woman, nr child,
n .ha County, who will not kr os it In eigh end lor y
lours alter its arrival. lls was ansi rot o has'eu the
rlreiion, in ord-r that (he term ol t!|-franchise ment
which Orst ge County was f reed t» snff r, tntgt>| be
•horleard; snd thst her voice might once more ho
heard in the councils of the conn ry.
The reroh f| n wa- hen adopted, and the blank fi led
wi'h ih- “ 29 h i f Daren ber.M ,
And ihe H,u e aiij >urr o',
O* Several* ar idea are unarr llably omitted—And
among them, the Proceedings of Congress and the
Communication of " Appomattox,” which we intr«>■!•«!
DIGGER’S OFFICE*
tr.N.ON CANAI. LOTTBRV N i4~i<M,e d'aarn
J <n the City of Philadelphia, on Monday, January
Si, 18:11.
SPJ./CJVD/D CAPITAL*,
1 Piiea of flti.tino t«
I do of 15 000 i«
I do of 5,000 ia
I do of 4 5i)0 it
5 do of '4 000 t»
?•* do off 600 )«
4* do of *00 la
51 do of |0«) i#
Tithe's $10 00, lldree 9 00; Q larUra 3 60 - For
»«le ro *ha uenal great aerie'*’, a* the Kf'haeaa »rd
T.o'teyy Offer * T HO. B MIUUF-K.
P'.t Id 95-*\ BfeA.rr«n<f, t'i.
$ to.noo
15.000
6,000
4.500
10.000
10 000
13,500
5 100