Election to Virginia House of Delegates Voided
Wednesday, May 27, 1778.
Resolved, That James Madison, jun. Esq. who at the last election1 for the county of Orange, was elected and returned one of the delegates to serve in General Assembly, being at the time of election a member of the Council of State, was incapable of being elected a member of this House;2
Ordered, That the Speaker be desired to issue a writ for the election of a delegate for the county of Orange, in the room of the said James Madison, jun. Esq.3
1. Among the Election Returns, House of Delegates, 1776–1782, MSS in the Virginia State Library, is the following certificate:
This is to certify that, on thursday the 23rd. of this Month (April, being Court day[)] Wm. Moore & James Madison Junior Esqrs. were duly elected Delegates for the said County to serve in General Assembly for one year next following
given under my hand & seal this
23rd. day of April 1778
Francis Moore, S.O.C.
[Sheriff, Orange County]
2. This was in accordance with Article XI of the Form of Government of Virginia (Hening, Statutes description begins William Waller Hening, ed., The Statutes at Large; being a Collection of all the Laws of Virginia, from the First Session of the Legislature, in the Year 1619 (13 vols.; Richmond and Philadelphia, 1819–23). description ends , IX, 116).
3. No one was able to serve in JM’s stead at that session, since it adjourned on 1 June 1778. On 18 June 1778, however, Francis Moore certified to the election that day of Charles Porter “in the room of James Madison the Younger” (Election Returns, House of Delegates, 1776–1782, MSS in the Virginia State Library).