Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-15

a minute examination e, ~ subject ne was n
a different opinion. The Office to be such !,
one as was meant by the constitution, must b,
a lucrative one, with salary fixed by law, am,
payable out of the treasury. He quoted de-
cislon of the General Court, To show that
bond and security must 6e given and an oath
OF Office taken TO constitute an officer. He
commended IN this Case these requisites did not
| exist. He also quoted decision OF the SUI
premc court that a senator in Congress is no
oihcer for the same reasons. This is but m,
| appointment in the militia, and if the con-
| struction contended for should prevail, any
officer performing military duty and rrcei,
ing compensation would be ineligible to this
house. The practice pursued in the late war
contradlctcd this position, for officers in actual
service were members o. the house. lie CON
tended that the people was the fountain Of all
authority, that their rights could not be con-
trolled except by the constitution, and that the
legislature would do it if they granted the pas
sage Ofthe memorial.
Mr.. Barbours resolution was adopted. and
the committee rose, and reported to the house.
Mr.. Blackburn, supported by Mr.. X. Nor
r7s, moved TO lay the resolution on the table.
They wished time TO examine the subject
Carried.
petition from Benjamin Sewell of Rus
sell county praying to be divorced from his
wife, was received and referred to the G.. for
C.. of.
petition from the Religious Society of
Friends, praying that the laws imposing mill
tary acquisitions, and penalties for non.com-
pllance, be considered as respects the petit
| TONERS; and asking for relief, was referred to
| the c. OFF. and G..
petition was presented from Jacob Polls
ley of Monongalia, praying in consideration OF
the facts he sets forth, that he may receive
from the fund of Internal Improvement two
| fifths of the sum Of 5000, and the other three
fitths from the Monongaheia Company, as
soon as he shall have completed lock at hi.
dam on that river-thc said sum being esti-
mated by the public engineer as sufficient to
complete it.-lseferred to the committee OF
| r. and l. N.
Petitions of Mary Oglc for restoring her
pension to its original amount, viz the hall
pay of her deceased husband-and of Charles
1 ID. Stewart, late deputy sheriff of Berkeley
county, for refunding him certain monies
were referred to the G. of Claims
/ Friday December l4.-Upon motion, the
house took up the resolution of the committee
of the whole on the memorial of Jno. Kemper
Mr.. Minor offered an amendment to the
resolution declaring Major Hunton ineligible
as being excluded under the 18th section o
the constitution. MIR. NJ. said that having
entertained doubts of the subject, he had hes
lowed upon it a mature inv estigation, the re
suit of which was conviction of the propri
ETY. of the amendment which he offered He
admitted that the question was a constitutions
al one of some importance touching the right
of the house. He read the 18th section of tn,
constitution OF Virginia, and tested the cha
racter and duties of the office held by Mai III
with the meaning and intention Ofthat section
Testing II by the cOmmOnlaw definition O
an Office, 1t came within the meaning ofthe con
stltutlon. He read the law defining the acts O
a brigade Inspector, commented upon the tie.
nor of the office, mode of compensation, sc
from all of which he concluded that the sit
ting member was at the time of his election
ineligible. He admitted that there had beer
some diversity in the decisions of the Senat,
and of the House of Delegates. Messrs
Doddrldge and Campbell, were considered
III the Senate, eligible although they were at
tornles for the commonwealth. In the cast
OF Mr.: Stevenson of Spottsylvania, the House
, OF delegates pronounced a different decision
MIR. Barbour adverted to his remarks O
) yesterday, and acknowledged that the ques
ton was one of importance brought within
the bosom of the House itself. He oppose,
the amendment mt some length contendin,
that II the question be viewed in connection
5 not only with the provisions of the constittl-
tion, hut with reference to the principles anC
form OF our government, the sitting membe
would be entitled to his seat. But if it b.
placed upon the strict ground of technical con
structOn, it would seem that he is not. Mr.
b. was in favor of a liberal construction of tn
constitution, because it was favorable to tn
rights OF the people from whom all powe
emanated. He was opposed to limitin
n their power, IN cases where fair and hbera
1 construction of the constitutions would Civ
IL 10 them. Agreeably to the latitudnou
, construction contended for on the other side
8 the term Office would extend to too large
portion of our population, embracing every on,
6 who had duties to perform, and received paw
. &c. He referred to the practice of the h Gus
i itself and cited the case of Gen. Ed. Stevens
who whilst he held the more lucrative Office O
/, brIgadIsr general, continued member of tn
5 house until '92 or '94. Cotemporaneous witt
ten. Stevens, there were many other officers
:, VINO performed military duty, received pay
&c. and still continued members of the house
e These were precedents established by tn
trainers Of the constitution, who ought to b
presumed to understand its meaning. In tn
g act of Assembly of 1894 the legislature draw
a distinction between military and civil off
GERS. He admitted that although the latte
: were expressly excluded by the words of tn
act, the former were not mentioned that b,
the common rule of construction, the enume
: ration of ono class, necessarily excluded tn
other from the operation of the act. In 179
when the spirit of party ran high, the act O
= disqualification contained an exception, in "a
( vor of militia officers. Coming down to latel
3 periods, he referred to the fact that during tn
e late war, several of the officers who were i
e service in the field, were members of tn
house that they came and performed thei
4 legislative duties without any objection bein