(Yet Another) Disputed Election: Orange County, 1741
Submitted by Orange County Historical Society
by way of Ruth Porter
rsp6212@gmail.com
Originally published in the January/February 2001 issue of the Orange County Historical Society, Inc. Newsletter. Permission to reprint granted Jan. 2001 by the author, Ann Miller
In the wake of the controversy over alleged voting irregularities in the recent presidential election, it's worthwhile to remember that disputed elections have a long history in America. By now, many of us have heard about the startling similarities between the contentious presidential elections of 2000 and 1876. However, Orange County has its own contribution to the annals of contested elections: the 1741 contest for Orange County Burgess, which occasioned a full-fledged legislative investigation and resulted in both of the county's Burgesses being unseated and expelled from office. Robert Slaughter was found to have been "not duly elected" as the result of questionable polling practices (including physical assaults and related disruptions perpetrated by his supporters). A separate investigation identified Henry Downs as a former indentured servant and felon who had fled Maryland (where he was "guilty of many scandalous Practices" and had been convicted of "stealing one Sheep, of a white Colour") before reinventing himself as a member of the Virginia gentry. (See Journals of the House of Burgesses of Virginia, 1742-47, pp. 7, 11, 13, 16, 48, 50-51, 53, 69).
After a new election, George Taylor was seated as a Burgess for Orange County; the name of the second new Burgess is not documented. After the 1742-1747 Assembly was dissolved, Taylor and John Spotswood were the winning candidates n the subsequent election, for the 1748-1749 Assembly.
Election disputes due to legal challenges, irregularities at the polls, fraud, and even occasional election day "riots" can be seen in the records of the Virginia Assembly right from the first Assembly in 1619. Below we present the report of the investigation of the 1741 Orange County election as recorded in the proceedings of the House of Burgesses:
(Friday, June 4, 1742)
Mr Conway, from the Committee of Privileges and Elections, reported, That the Committee had had under their Consideration, the Petition of Mr. Thomas-Wright Belfield, to them referred; complaining of an undue Election and Return of Mr. Robert Slaughter, sitting Member and Mr Henry Downs, lately expelled from this House to serve as Burgesses, in this present General Assembly for the County of Orange; and the Depositions of divers Witnesses as to the subject Matter of the Petition, taken and returned, pursuant to the Resolution of this House; and have agreed to a Report. That it appeared to the Committee, from the said Depositions, that Mr Robert Slaughter, Mr Henry Downs, Mr Thomas-Wright Belfield, Mr Thomas Chew, Mr Zachariah Taylor, Mr William Russell, and Mr James Wood, stood Candidates for the Election; and that the Poll was opened on Friday the Twentieth Day of November last, about Twelve of the Clock. That as soon as the Poll was opened, John MacCoy, Honorius Powell, John Snow, and Timothy Terrill, and several others, throng'd into the Court-house in a riotous Manner, and made such a Disturbance, that the Sheriff and Candidates were obliged to go out of the Court-house, 'til the House was clear'd, and the people appeas'd: And that the said Mr Chew, whilst he was on the Bench, called for a Bowl of Punch, and had it brought to him; upon which, the Sheriff stay'd the Poll, and said he would not have any Punch drank on the Bench, but wou'd have a fair election; to which Mr Chew replied, he would have Punch, and drink it, and that the Sheriff should not hinder him. That as soon as the Tumults were appeas'd, the Candidates and Sheriff return'd into the Court-house, and proceeded in taking the Poll; Mr Jonathan and John Newport, the Under-Sheriff, at their Desire and Permission, standing at each of the Court-house Doors, with drawn Swords across the Doors, in order to let the Voters pass in and out quietly and regularly in their polling. That after the Under-Sheriff was placed at the Door, one Mr John Rucker came to the Door, and demanded Entrance, which he had; and then the said Rucker threw the Under-Sheriff and another Person headlong out of the Doors; and when the Under Sheriff recovered his Post, the said Rucker insisted to clear the Doors, so that everyone might have free Entrance, and seized the Under-Sheriff's Sword with both his hands, endeavouring to break it, which the Under-Sheriff prevented, by drawing it through his Hands. That then one John Burk came to the said Rucker's Assistance, and laid violent Hold on the Under-Sheriff, who was rescued by the By-standers. That towards Night, Mr Gibson quitted his post at the Door, and immediately the people throng'd into the Court-house in a drunken riotous Manner, one of them jumping upon the Clerk's Table, and dancing among the Papers, so that the Sheriff was unable to clear the Bar, or the Clerks to take the Poll: Whereupon the Candidates desired the Sheriff to adjourn the Poll 'til Eight of the Clock the next morning; which he refus'd to do, unless the Candidates would give him Bond to indemnify him, saying, that by Law he was oblig'd to Compleat the Election on the day appointed, or to return the two foremost Candidates as Burgesses; and several of the Candidates agreeing to give such Bond, the Under-Sheriff, by Direction of the High-Sheriff adjourned the Poll 'til Eight of the Clock next Morning; and thereupon a great many of the Freeholders who had not voted, returned home; and Mr Chew and Mr Belfield went to Mr Belfield's house, near the Court-house, desiring Mr Russell to see Justice done them in their absence. That when the Sheriff had prepared a Bond ready for the Candidates signing, Mr Russell carried it to Mr Belfield' s, and offered it to Mr Chew and Mr Belfield to execute, who refused, saying the Poll was adjourn'd, and their Friends gone home. That when the said Russell returned to the Court-house, and the Sheriff understood that the Candidates would not sign the Bond, he caused Candles to be lighted about Eight of the Clock at Night, and opened the Poll; and thereupon Mr Russell, with several of the Freeholders, went into the Court-house, desiring the Sheriff to clear the Bar, and suffer those Freeholders to be polled; which he refused, and immediately proclaimed Mr Slaughter and Mr Downs duly elected, to serve as Burgesses for Orange County; notwithstanding Mr Russell, in Behalf of himself and Mr Belfield, forbid him so to do. And that a great many of the Freeholders returned the next Morning according to the Adjournment, in order to give their Votes, and were disappointed. It also appeared to the Committee, that the said John Rucker did, before and during the Time of the Election, give several large Bowls of punch amongst the people, crying out for those Persons who intended to vote for Mr Slaughter to come and drink of his Punch; and that the said Rucker stood at the Court-house, and kept out those who were Mr Belfield 's Friends and after the Election was over, confessed he had won several Pistoles upon Mr Slaughter's being elected the first Burgess. Whereupon, upon the whole Matter, they had come to several Resolutions, which he read in his Place, and afterwards delivered in at the Table.
(Saturday, June 5, 1742)
The House proceeded to the Consideration of the Report from the Committee of Privileges and Elections, made yesterday. And the same was read, and with an Amendment, was agreed to, by the House, as follows:
Resolved, that Mr Robert Slaughter, the Sitting Member, is not duly elected and returned a Burgess, to serve in this present General Assembly, for the County of Orange.
Resolved, that Mr Richard Winslow, Sheriff of the County of Orange, John Rucker, John Burk, John MacCoy, Honorius Powell, John Snow, and Timothy Terrill, are guilty of great Misdemeanors, and Breaches of the Privileges of this House.
Ordered, That Mr Richard Winslow, Sheriff of the County of Orange, John Rucker, John Burk, John MacCoy, Honorius Powell, John Snow, and Timothy Terrill, be sent for, in Custody of the Serjeant at Arms.
Ordered, That an Address be made to the Governor, to order a new Writ to Issue, for Electing new Burgesses, to serve in this present General Assembly, for the County of Orange, in the Room of Mr Henry Downs, expelled this House, and Mr Robert Slaughter, who is not duly elected, to serve for the said County. And that Mr Beverley do wait on the Governor, with the said Address.
(Saturday, June 19, 1742)
A petition of John Rucker, John MacCoy, Honorius Powell, and Timothy Terrill; setting forth, That they had surrender'd themselves into the Custody of the Serjeant at Arms, pursuant to an Order of this House: And that they were truly sensible of their Offences, and unfeignedly sorry for the same; and promised their Behaviour should be such, for the future, as not to incur the Displeasure of this House; was presented to the House, and read:
Ordered, that the said John Rucker, John MacCoy, Honrius Powell, and Timothy Terrill, be brought to the Bar of the House: And that they receive a Reprimand from the Chair: And that they then be discharged out of Custody, paying Fees.
They were accordingly brought to the Bar; and Mr Speaker spoke, as follows:
John Rucker, John MacCoy, Honorius Powell, and Timothy Terrill, This House have Resolv'd That you have been guilty of great Misdemeanors, and Breaches of the Privileges of this House, in obstructing the Orange Election: But in Consideration of your confession and Submission, they have been so favourable to you, as to command me only to reprimand you; and I do reprimand you accordingly: And I am further to acquaint you, That it is their Pleasure, that you be discharged out of Custody, paying Fees.
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