Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-23

seat. Inc words cited from the 5th article
" or duly qualified according to La,r produce the
only perplexiiy which Cav exist upon this sub
Ject. DO these words, taken az connexion
with the rest OF the article in which thay are
FOUND, and having refsrence To the state ct
things then existing in Virginia, give 10 the
Legislature at all times the power OF changing
the qualifications OF its members or we're
they init oduced for the purpose OF forming a
nNed 'nle, not To be a.tered ia future times
except by an authority eydt to that lrLich framed
the constitution? It's difficult tor one who is
! acquainted with the h. Stoiy OF hi. state to
read the article il question. without being
convinced that IL was Intended to prescribe
certain qualifications which should be beyond
the reach OF ordinary legislatures. VII, else
should II he declared that the persons chosen
should be residents of the counties eleciing
ana treeholders within the sapieS Why else,
indeed, should any qualifications whatever
have be.n meDtone1 in the constitution p
Can il be believed that the trainers Of the con-
stitution intended 10 leave to the ordinary le-
gisiature the power Of dispensing with these
TudiihcatloDS! IL 1t lie competent to or
binary legislature to admit TO a seat in either
house OF Assembly an individual who is neiih-
81 - treeholder nor resident within the coub-
tNor district tor which he may be chosen. con
>titnhOhal regulations were vain, and tie
efforts OF those great men " no belonged to Tho
convention to place upon firm basis the Ii
berries OF Virginia, were ftnitless indeed -
nat an ordinary legislature may dispense
with these qualifications. whenever u shall
think proper 10 do so. is "A conc SION 10 which
II J. believed all those must be led who cou-
tend that the words in question give TO the
legislature lie power OF adding new Qualiica-
lions To those specified iR the constitution. Ii
| Is not meant merely To say that by tins rou-
sttucuon the legislature NAV superadd qualifi-
| cations which would destroy all heseft To be
derived from the possession ofthe freeholuand
residence within the county, which would
seem TO he required by the constitution but
| this construction would also confer the power
OF declaring hy law that freeholder ard a
resident need not be chosen, and that an indi-
| vid1al destitute of these qualifications but
duly qualified according to idiD =" should take
his seat In either House of Assembly If the
words or duly qualified according to Iaw" are
understood 10 give the power of adding to the
| qnalihcations of members of Assembly. what
| can prevent them from giving an equal pcwer
OF taking away qpalifcat ions from members of
| Assembly, Let this Interpretation be adopt
e" ava II wonid appear to your committee
thai the constitution i'm re la ton TO this subject
| would he as liable 10 the changes someti
ihdncec ny the passions, the caprice, or the
interests OF an ordinary legislature. as are the
i provisions of ap ordinary act of Assembly
GouI committee cannot think that a construc
| TO" OF TINS establishment, leading to conse-
| qnences such as these, construction which at
some fufnre day may overturn the liberties OF
! tins State, ought 10 prevail How then il NAV
be asked. are these word" or duly audited ac-
cord'Rg to tdic. q" TO be understood |! If they do
| not refer to laws thereafter to be enacted, to
What laws do they refer9 The answer is obvi-
n
| viOnsly enacted, and which existed i'm juli
iorce at the time of the adoption of the conSti-
'ution. When II is remembered that, at that
| period, IL these words had not been introduce
! ed INTO the constitution, the district of West
Augusta, aud the county of Fincastle (ae-
cause of the imperfection in the titles TO land
then universally prevailing in that portion #
TIE State. must have been without represen
taiion III tie Legislature. When il is mem
bered that by various laws previously enacted
ana then IN i0rce- many qualifications, indeed
quaiihcations almost as numerous, d, for the
mos, part the same with those now eXistingJ
were required 10 be possessed by the member:
OF Assembly and that il ali attempt had ieem
made TO enumerate them soMe might perhaps
nave pee n omitted. full scope would appear TO
De ieft tor the operation 1T these words. Il il
MOI safer as we'll as more rational TO adopt
TINS limited construction, than one which
upon this vital and important subject leaves
us without any nd mark whatevers With
que ueierence, your committee ask. Il il would
not be better to cOufde IN the tried virtue and
Intelligence of the treehoiders OF this State
ior the proper selection of their Representa-.
u"ts from among men possessing those great
ana essential qualifications which the trainers
OF me consultation prescribed, than with the
! humane, but perhaps delusve hope, OF sup
! pressing a vicI"ns custom TO fix precedent.
| winch ~ extended, may abolish those safe
| guards Ia our liberty which were established
| by the wisdom and pa riOtism of the Fathers OF
the revolution Stlll farther to enforce this Ii
mlied Construciio of the words OF duly gualif-
ca according to tdU'-yOur committee bes leave
To ttter Ia that article of the constitution which
hAes The qualifications of the Senators. BY
| that article. 1T is declared" that a senator
shall actually he a resident and freeholier
| within The district for whieh he is chosen or
| duly qualified accOr riding 10 law and shalt be
! npwhrss of twenty-five years of age" Now I
| II the broad construction he given TO these
| words, so c.ten cited, which some have given
| to the same words cited in the article relat-
| ing TO the House of Delegates BIZ which the
N nlpu In off to 10
iatve discretion, il would necessarily result
| that tile members ct the Convention were
more selections 10 prescribe the age of seua.
! TOR, than to fix his other and more important
| qualifications OffTeehOld and residence withia
| his district for surely, ii cannot he contend
! ed under any construction OF thus alternative
| expression in the last TeCited article OF the
! constitution that the qualification Of senator
| in relation TO his age can be changed by the
| act If AN ordinary legislature. Having taken
| this view of The subject, the only one which
wound seem not Incompatible with the rights
| and liberties of the people of this State yOhr
| committee are brought 10 conclusion, which
| they beg leave to submit IN the following reso-
| luton:
Resolved, as the opinion of This committee That
| the act entitled An act TO suppress dueII;ng"
passed Jan. the 10Th 1910, so far az il attempts
| To create disqualification of members of
| the General Assembly not prescribed by the
consti ution itself, nor by any in force at
the time of its adoption. is unconstitutional.
This Report was laid on the table, and
ordered TO be printed.
On motion of Mr.. Fox, leave was given
TO bring in bill TO amend an act en-
titled an act for The efieciual suppress.
sion OF vice, and Furnishing the disturb
ers OF religious worship, aud sabbath
breaking"
On motion Of Mr.. Basse;t, leave was
given to bring in bill TO alter the
time Of holding The Chance,y cosrt al
Williamsburg"
On motion Of Mr.. Roszel, the commit
tee for courts of Justice were instructed