Charles Clement Johnston to Beverly Randolph Johnston, March 8, 1832

[Charles Clement Johnston at Washington City to Beverly Randolph Johnston at Abingdon, Virginia, March 8, 1832. Box 1, John Warfield Johnston Papers, 1778-1890, David M. Rubenstein Rare Book & Manuscript Library, Duke University].

Washington City 8 March 1832

Dear Bev

I drop a line by Mr. King only to tell you that by an arrangement made yesterday with the Committee on Elections we are allow'd until the 25 Inst: to take testimony -- do not therefore be overhurried but make complete investigation and proof of the Washington & Russell votes.

All are considered housekeepers who keep a house in which they sleep . . . and all are heads of families who have apprentice servants or concubines living with them.

All voters who have freeholds or good equitable tilles[?] in the county where they vote are admitted. This to yourself. . .

You need give no notice . . .
In great haste, with love to all
yrs. truly
Ch. C. Johnston 
___________________________________________________________________


CONTESTED ELECTION— JOSEPH DRAPER vs. CHARLES C. JOHNSTON. April 13, 1832. Read, and committed to a Committee of the Whole House on Monday 23d instant. Mr. Collier, from the Committee of Elections, to which the subject had been referred, made the following REPORT: The Committee to whom was referred the petition of Joseph Draper, contesting the seat of Charles C. Johnston, the sitting member from the congressional district in Virginia, composed of the counties of Russell, Scott, Wythe, Lee, Tazewell, Grayson, and Washington, respectfully report:

There are some other objections taken by the sitting member to other polls, which have been duly considered, but which they have not deemed necessary particularly to notice here, as no others have been allowed or considered tenable, and those which are here presented, are sufficient to give the sitting member the majority. The committee however think proper to submit to the House a synopsis or brief statement of the principles settled by them, or by which they have been guided, as well in the admission or rejection of votes in particular cases, as upon the other points submitted. 

1st. That unmarried persons, who are living with their mothers, or with younger brothers and sisters, in the absence, or after the death of their father, taking charge of, and providing for the family, are to be deemed " house keepers and heads of families" within the meaning of the constitution of Virginia, although such persons are unmarried. 

2d. That where the voter keeps house, having a woman living with him as his wife, he is the "head of a family" within the meaning of the constitution, and that the committee will not inquire whether he is legally married or not. 

3d. That persons possessed of a mere equitable interest in lands, or holding a bond for a deed, are not to be deemed " possessed of an estate of freehold in land" so as to entitle him to a vote. 

4th. The constitution gives the right to vote to those who, for twelve months, have been housekeepers and heads of families, " who shall have been assessed with a part of the revenue of the commonwealth within the preceding year, and actually paid the same. . ."

(22d Congress, 1st Session, House of Representatives, Rep. No. 444). 
___________________________________________________________________

[Charles Clement Johnston (April 30-1795-June 17, 1832)
Bev = Beverly Randolph Johnston (October 22, 1803-circa 1876)
Joseph Draper (1794-1834)]

For their help and assistance, many thanks to the staff of the David M. Rubenstein Rare Book & Manuscript Library, Duke University, Durham, North Carolina. For more information about the John Warfield Johnston Papers, here's a link to the guide.