Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-01-10

meinla' slave born without It's Hmits forfeiture o.
umcc, on any Counsellor of State or Judge wbo shall
oe eulity OF bribery extortion---l Roy Tod seo
iias II ever entered into the mind of any ma, d.,
e''her OF these Punshncns attach on The commission ~
e oence or can possibly attach till after regular r;
anu judgment of conviction
! by the act against buvno and .cll;no on;a .,
VINO bargain or sell any Office touching or conccrrro
c Executive Government the administration Of ms
uIe' arc declared 'ncdpabie Of hoidag such olT,c-
ReV Code, 800. Has il ever been doubt,, ~ -, h
doubted, that the person is capable, of hoLlinr hue
anu cannot be removed from it, Ill, his ouiIt has boo
Scer'a'ted by Judicial inquiry, and the punishment Of
"IP"rity attached by judgment of competent ,ribu
"''' ne want OF Tins trial and iuIument conpot ba
supphed by any proof however certain mr. evon hy h
aunss,on OF The offender hiInse the law confdes tho
va" VI ofirnces and the 1pPiicat its punishment
10 tlc judiciary only. Consent Itself cannot auiho
fGs CRIME to be inquired into or punishment to be
hn'cted on any proof or in any mode bu, thai nroscr
bed by the law Of the land.
ne e"cct OF the section requiring the oath, is not
" "hueT consideration. But apart from that iunurv
and combining attention TO the onerat,nn or de- o.
ec'oh ooiy' The conclusion To be inevitable The
o"c''nG law must be interpreted and applied as other
peii'' 'd"s' Mt ID by Sending challenge did indeed
expose himself TO the peril of the punishment il infcl
co. but TO attach that punishinent and To bring lin,
unGer The actual operation of the disqualification atrial
ana Judgment are Indispensable; none has VET take,
place IL from any lac can no !onoer bc tric AND
Pu'9cu oF inc offence, the disqualification can never
attach to him hereafter " -
IN all countries, in which the principles Of crmin,
legislation have been at all understood ithas bcen fund
eNPedent To flX nita ton TO penal rosacutons
ine Piacuce originates III profound considerations of
what is due TO public happiness and even To moriitv
,'"u'neraoie offences are committed winch eludc de-
'ec'oH' OF u discovered, disarm prosecution of its
Aterhncss, and paralZe its activity by the
circumstances of the case, or the General c,r.ctor
and condnct of the offence. While haunted b., terror
OF 0ctec'ion OF public trial and of pam, the unhappy
oe"uei cannot attain the tranquility which is necessa
10 inc performance of his duties TO the State and
his own happiness The long continuance of Ills state
Oh terror and anxiety equally fatal to the morality of
"'e oHender and the public veal. The desire OF reor
~ ceases when the hope OF forgiveness terminates
sonabic delay 49, va
The Legislature of Virginia has adopted this roicy
equally wise ard humane. BY the GOih section of lie
ACT prescribing the course of criminal proceedings il is
enacted hat all actions snts, bills indictments or
iuiornatlons, which shall be had brought sued or
Gt'c upon any penal !aw.where the punishment 10 be IN
upon me offender, on conviction, shall be neither
dcath nor nplisonmCnt in the Jail and pertenti,rv
mouse shall be had, brought, sued exhibited or mo-
Ved' WITHIN one year next after the offence committed
Gnu "' AFTER except ''taro longer or el.orier tj,o c
ie commencement OF such on persecution is or stall
he fixed By law.n - '''''
IL cannot be doubted that the ed section of tle law t.
suppress uueihhe IS 'Pcnai laW" within ihe terms and
spirit Of Tie act of limitations. Ii appeats m ;rs,,r
u'"n'aoIc obstacle 10 all attempts subject Mr. Don
hat.to The penalty OF disqualification by any mode of
prosecution or inquiry known the law of the land:
oy protecting him from prosecution il absolycd hlro
I'M 81" l'V'lsHHlChti operated statutory
me expiration OF one year from the time OF COMMITTING
The offence. 1t is law OF amnesty and forgiveness
BH MS bcnignant influence Mr.. Douhat was IN 1919
acquitted OF Tie cInne, and from the punishment TO
which Il exposed him.
IT, be SAID, hat though MIR D,u NJ vo, ill ,,, / .
capable OF Office if the disqualification rested ouy ON te
:" section OF the act he Is nevertheless incapable by
me operation OF the 3D. IL Is IN these words (read Il
M |ehSfh.) Rev. Code, $50. This oath looks both
10 tie past and to The future. in IFS rerosncct il eoe
to ascertain and punish past inractions of the law In
It's prospective operation II seeks 10 guard against the
crime ov adding the sanctions OF religion those Of law
and the penalties OF perjury tie punishment of dis
qualification. But this section i,diss no nurist,nont
creates no disqualification whatever; it ncherprofessfs
ID terms to create Incapaciy admits such nterpre
tation.
The disqualification had been declared he Tho nro
cedng section on those who challenged or accented
challenge; as TO them, therefore, il would have bcep
absurd TO repeat the same Disqualification The Sd
Sect'on extends the disqualification 10 10 other
person NO motive existed 10 recnact The penaIfr
OF incaPacity IFS sole purpose was to enfye lie rc
cedmg enacImens; TO effect this 10 secure tie an.
pcation OF the general prohibition TO the partcuI,r
oienoer, II suPeradds ncw remedy to the Ordinary
modes OF prosecutions lis object was to appeal 10 the
conscience of the party instead of witnesses and nroo
TO detect his guilt togiye to his refusal 10 IKE the cath
OF e%purgatOn the effect Of conviction bv bis rea,s
on regular trial; and to compel the offender 10 pro
houEce the judgment OF disqualification on himself in
stead OF being adndged that paiu BIZ e or3i,,ar,
mode by ie judiciary of The country.
II this he The true character Of the 3D. section !, !,
substantially and really nothing han qfgfuf2,1
Df'de 81 prosecutions summary indeed and novel in our
law, but still only naode Of pyosccutioa 7cuedy 10
enforce the law against tic offender Considering II in
tins view, it is equally within the operation of tic sa-
tuie OF limitations, with any other mode Of prosecution
authorised by tie general law. And the bcuigny
OF The Legislature has forbidden that this offence should
be inquired into, or hc punishment inflicted by the or
binary rules Of trial and conviction also is forbidden
this statutory mode of trial by the OATH aud udg-
fDent of self disqualification.
II this construction be adopted these strange alb
surditics will cnsue: That misdemeanour committed
against the duelIing though mt excepted from the
general law of Imitation may be investigated at any
lapse Of time and that person absoved from the crime.
IS still liable to the punishment by of this new
statutory remedy
Another view Of this subject, merits consideration.
1t IS fixed rule o law, that the repeal expiration of
penal statute, absolves the offender from every crime
committed against it, and from all punishment for the
Offences Vner. Sup. 49, title statute Z. g. 1t is by
reason Of ibis rule that repeating statutes reserve
right Of prosecution to all offences committed during
Tie existence of the repealed law, where the intention
/ I.pr ir IN