The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-02-23

, in the constitution Of this commonwealth
That INSTRUMENT & the declaration of RICH,
on which it is based, has no eye towards tn
subjects OF foreign powers. 1t only purpart
10 declare the rights. and settle the duties
~ those who are parties to the compact
mere IS not only no such exception. in thai
INSTRUMENT, but on the contrary, the con
| verse is explicitly dccla. ed aud exp, ssctl
| he declaration IF rights is stated To have
been made by the representatives of the
good people OF Virginia )" and it is declared
that these rights :" do pertain to THEM e
their EoSte'ity, as the basis & fouEtia tiun
"ot government. This instrument. there
fore, can never be Cons 'rued to bestow the
inesumable right Of suffrage, upon aliens &
enemies, who have 40 "peimancnt corn mon
interest with or attachment to- shfs com
| mun'iy who owe paramount and combating
duties to other soyereigrs who have sape-
rior attachments, in other countries; and
who, hom their residence else where. can.
not perform duties, whith impiy the neces-
sity ct residence within this com,nonv eal,f.
On the case made by the declaration, there
fore. the Appellant is, clearly, not entitled
- recover.
with respect to the ground supposed to
be taken by the pleas, as aforesaid, while
we are tree To admit, that ii is weaker for
the appellee than that made by the decla
no Citizen, and leaves a great discretion to
the ofhcer, rs 70 the fact of foreign resi-
dence. we are oYoPin,on shat the provision
OF the act OF 1908, in relation to it, is in con
tormance with the principles of the constl-
tution.-As the Constitution is to be con
strued, as aforesaid, only in reference to
our own citizens, so such of them are not
embraced BY its provisions, in favor of the
right ct suffrage, who thro' absence, are dis
tram .f..s.t 81 Il.
ton through other ties Of allegiance tenn
porary or perpetual, are thrown into a scale
conflicting with their duties and allegiance
TO THIS comm onweaith and whose foreign
residence diminishcs their former G. COM
mon interest with Sc attachment to" This
commonwe aith. Persons standing in this
predicament, Cannot be admitted to the
right OF suffrage, without running Counter
TO all the principles on which thae right is
! inunded.-As well might resident Citizen
claim to vote, after he had parted with that
reehold. which guaranteed his attachment
| to the community.
In thus deciding against the right of the
Appellant, upen the general principles just
mentioned. the court is. By no means, dis
posed to admit that that result would be
varied BY any of the legislative provisions,
upon the subject. On Tire contrary, a re-
currence to the various acts in our code, AN
Gent and modern. will manifestly shew that
they are Ill strict conformity herewith
On every ground, therefore, the Judgment
Oh ne court below is correct, and ought to
be affirmed
IN taking. this view of the subject the
Court has neither considered, nor decided,
tue question, whether an action will lie a.
Sainst sheriff, for refusing to receive the
vote OF person duly qualified and, much
less, mas It decided, whether such action
"ouia lie against an officer, acting in obedi-
ehce TO legislative act, found to be in
conflict with the Constitution While this
ias' case can rarely be expected to occur,
It's Importance would require the most Sc
rious and deliberate consideration & even
with respect to the first, it cannot often he
expected to aris-. under all the care whici,
IS taken by our constitution and laws, to de-
lhe explicitly, the rights & quallfcatio IF
the electors. Whenever either question,
however, shall occur, and become necessa-
ry TO be decided, thu court will not shrink
from the investigation and dcci sion thereof
OF We lay before our readers the contents OF
ne Revenue Bill which passed the H. ofD o.
thursday, and the Senate on SATURDAY. y The .v..
age oil increase the old taxes is about one third
besides, the various new subjects of taxation will he
found i'll the budget, ~
Futile Ta<es 70, the yea, 1878.
sou,z;no 10. every DIuo value agreeable to the
edAn's Jaw 64cts.
For every slave above the age of 70 wears. With
the exception of those who are exemnted Inv TN,
county or corporation courts from age or infIrmtv
50 cts. 20 " ' ''y'
OF every Stallion and Jack.ass, s times the
p'iee At when lac covers by the season.
for an ordinary license s 6. 66 on every e faO
reoE JaJ, 81.