Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-15
vIR GINIA LEGISLATURE.
HOUSE OF DELEGATES.

Debate on the Dseiiing Question - Continued
Mr.. Mason of Fairfax, said il at all times
and under any circumstances, Painful source OF
embarrassment to him, TO be obliged to bring him
sell before the tice of the house; but after the
highly interesting debate on The present occasion.
which had ELECTED much eloquence, and had
drawn forth the very able, and to his mind, con-
--r51siYe srguue; from the gentleman of Norfolk,
1t was with the most profound sense of his ow n
inability, that be would venture to hazard an in
iTIson on the attention Of the House, by attempt
ing 10 participate in any degree in the discussion of
The Ques ion under consider .tion.
impressed, however, he said, with the vast con-
sequences involved in the subject, and the bisb
responsibility that rested ups him comm ON with
every other individual there, he felt himself con-
strained in discharge of high public duty, from
which he could not shrink, TO ask kind indul-
Sence tor lew moments, whilst he submitted for
consideration, suggestion on a single point ONLY
that appeared TO have escaped the attention of the
csracious miad even OF the gentleman who had
gone before him.
Sir he said, II behooves us 10 look steadily 10
we question before US; we are called on not now
10 determine upon the propiety or impropriety of
me Practice OF tiueliI z, 10 investigate lis in
iuences on society, bAneul and per nicious as thew
may be--nor are we called 10 de eide upoD tie
policy OF crpediency OF the law, whose constitu--
uohaiit5 Questioned by the resolutions you hold in
your hand; and w bcb has been passed for the most
hsnIsnan purpose of aIre-ting The progress of this
great evil. Highly important these quiries must
ON ell hands, be allowed TO be, in their proper place
get we are called OH to dc;eTmine question of in
hntely higher moment-we called on TO de-
'sfmine whether this law does not infringe on the
constitution OF our land and TO guard, and pre
serve nvio!ste, the integrity OF that paraylost,f
tGU, under whose sanction and authority alone " E
are entitled 10 sit here--which limits the mowers
not only of this Legisla' ure, but of every other
department of the government. 1t is this f,lnda-
mental ldto adopted by the people in their prima
2 ~ ana sovereign capacity, tor their own prot &C.
zion, against governmental encroachment and ty
EanDy, that we called on TO defend
IL was then, he said, he repeated, with deep
sense Of the obligation on him, as one of the rem
Tesenta,ives OF the people, to guard the coustitu
ton and he,r liberties, an obligation imposed
not only by the solemnity Of The oaths he had
taken, but springiDg also from Just and sacred
regard TO the trust delegated to him by his cons,i
'uents, that he was induced TO minele in the ennn;
ry as 10 the righful legitimate existence of the
law in question, on The statute book And he did
not hesitate TO declare that 10 his mind, it had no
such existence; that it but the Legitimate Off
spring Of violence done on The constitution The
iayoured bsning OF usurpalion, dressed in the fair
and specious garb OF expedency, which if suffer- J
20 exist, would prove, perhaps to be the precursor
OF numerous and more dangerous rroeenv. Il,
is the result OF an hgh-handed exercise OF unwar-
raDted power by former LEGISLATURE who have
looked to the erpedient end, as full ius,6cation
OF The means, by resort TO which they have VIC
lated the constitution in many respects. And how
does it violate the constitution
il has already been shown 10 do 90. bv bI.nd;no
the judicial with the executive functions of The
government, which should be kept separate: bv
dispensing with the trial by jury, which is the
bnhrighi OF every man charged with a criminal
offence and, above all, by compelling an individual
TO bear testimony against himself for by this les,
oath, or oath OF Office, or by whatever other
u may be called, man is in effect constrained In
testify against himself and that by the odious yioN
iaton OF the established rule, which supnoses sys,r
man Innocent, until be is proved 10 be euiltv. ~
requiring him TO ezpunge himself by oath OF the
crime OF having violated an highly penal law NJ
which be stands charged not only, but is ac,uaIIv
pyJndged as guilty instead Of innocent. and ba.
the punishment, denounced against him, unless he
will wssh himself Of the sin, by his own oath Of
innocence.
IL has been shown also, TO violate the constitution
by imposing other qualifications upon the yeprs.
sentatIves OF 'be people, than those recognized by
'hSi instrument ny IT the qualifications of the
representative as wen as the voter, have been fixed
and we cannot change or ADJ TO them. I, has
declared that " two representatives, ,hslI b. cbo
sen Tor each county, and for the district Of Wee,
Augusta, annually, of such men as se,uslIv ,e.i,Is
n apd are freeholders Of The sane, or 6,,5,, oyo1
-tied according TO laW" These last words con-
stHDte The basis OF al the diversity Of ouinjon n,
has brsnrh OF the subject. They are cons;ds,ed
on tbe one hand, as comforting upon fature Iegisla
ipies The control OF the qualifications Of the re,rs
sentative whilst on the other, they ore consiJered
sr2llcsbie-obly 20 pTe-egisfing Qualifications hv
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