Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-02-08
Virginia Legislature.
DOUTLLl1nS C.iSE.
HOUSE OF DELEGATES.


tina, il was with no ordinary feelings Of
diffidence that he rose on that occasion
as the eloquence displayed by the gen
tlemau from Norfolk, would render his
own deficiencies more apparent. lie
J 'hoped, however, that the House would
!. Got think him so presumptuous,a s volun-
tarily to have bro't his opinions into i'm
mediate conflict with that gentle mans
on law point, when il was remember
ed that ne had not been a member of
the last legislature, aud was therefore
stranger 20 tie opinion given by that
rantemau which had then been SO wide
" circulated by the member from
Charles City; that at the commence
1,ent of the present session he had been
too much indisposed to enjoy that in
tercourse with his fellow members,
which would have spprized him of the
existence of the printed argument by
the gentleman from Norfolk, which had
again been circulated this winter, and
oil which he was ignorant at the time OF
making that motion, WHICH had, unior-
tuna,ely for himself, brought him into
immediate comnarison with that gentle
man. Ia this state of Ignorance, com
ing into the House one morning, he tor
the first time learned, by hearing it read,
that the Committee of Privileges and E.
lections, had made the report now I'M
der consideration; and with those feel
;ngs with which any man would hear
favorte policy SO violently and unex.
peetedIy assaiIed. had, too preciptate-
iy, perhaps, expressed his disagreement
with the committee, and requested the
report should be laid upon the table, as
he was then too unwell to discuss it.
Had he then known the opinion Of the
gentleman from Norfolk, he should,
perhaps, have entertained less conf
dence in bis own, for that gentleman's
high reputation and long standing at the
bar, and above all his private worth,
gave to his opinions great weight in his
mind; but as he had placed himself un-
consciously, it was trpe, in his present
situation, sense OF duty would pre-
vent his shrinking under even so une-
quail contest. He solicited, however,
the indulgence of the House, which he
thankfully acknowledged had been ex.
tended to him on SO many former oc.
casions. when they remembered that bis
ayocations had been agricultural and
not professional, and that he did not es-
timate his legal attanments beyond
those which became an ordinary Justice
of the peace. Without further appolo-
gy he should proceed TO discuss The
question before them,
The gentleman objects 70 the ccnsti-
tutionality of this law because il is in
the nature of a criminal prosecution. and
dispenses with the ordinary judicial tri
bunals in the Investigation OF the offence.
The gentleman has defined criminal
prosecution 10 be "a Judicial investig.-
ton, to ascertain the crime aud infllct
the proper punishment II this def
milton were correct, it seemed 10 him
at onceto settle the question, for by
the duelling law, the guilt or innocence
of The party was by nomcans ascert ain
ed, nor did any punishment follow unless
ii were exclusion from office, a questi on
which be would consider and reply to in
a subsequent part of tee argument Mr..
G. here gave way fora motion to ad
.journ, and on Friday resumed bis ar
gument as follows;)
Mr.. G. said, that when the House
adjourned, he was engaged in the un-
pleasant task of expressing bis dissent
from some of the positions taken by ihs
gentleman from Norfolk; a more a.
greea6le office presented itself then, OF
agreeing with him in other positions.
lie agreed that the words cor duly
qualified according to law' in the con.
Stllution did refer TO pre-existing laws,
aud ne would willingly have admitted
the position, which the gentleman had
spent so much time on Yesterday in
4 proving, that it was intended to protect
me interests OF the land holders OF West
augusta, and the inhabitants of the then
cities; but he could not agree with the
gentleman that they were confined to
'oIs purpose. They had a prospective
as well as retrospective operation, and
sure y the words we're sufficiently extern
s've IN their Specification to embrace
poth constitution, like any other in-
sTument, was to be construed BY the
pam, ordinary import of words. SUBJ
jee, 10 the understanding of every man,
"nu 'he word law was sufficiently COM
P'ehenslVe to embrace both mast and