Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-15

instrument pDTSsSOlOey va SSe'-
becomes necessary, in order to understand fsnuy'
to adop, that rule of Interpretation which VIII be
consistent with the spirit, intention anu ultimate
object of the whole instrument. IL Them u can
be shown, as il has been clearly done, that there
was good reason for the use OF these words, In
the ar pcston Of them to those qualifications then
already established by law that. within their scope
wele embraced all such cases OF qualheat'on by
law; as well the landholders Of West Augusta,
who were not freehoiders, as the many other cases
then existent, without the necessity OF specifying
each: And if, on the contrary, it appear that the
construction assumed by gentlemen on the other
side, is not only not founded in any good reason,
but is at variance with q proper understanding OF
the specific powers conferred by the constitution
upon the legislature 10 quality IN certain cases, and
is absolutely subversive of the whole object oil the
Constitution itself; it must be admitted that the Ii
imitation of these words to pre- existing legal quail
fications, is the true and proper int erp: citation.
Adopt the construction contended for, that under
these words % or duly qualified. &C." the Legis
lature has entire control over the qualifications OF
the representative, and you adopt rule by which,
not only is the power given by the constitution 10
the Legislature to allow representative Tor such
cities and borough-, they may think proper,
rendered useless and supererogatory; but you a
dept rule that invests the Legislative with abso-
Lutte power you make them TO all intents and pur-
poses omnipotent. They can effectually declare
themselves a perpetual legislature; for it they
require what tney picdscA dshS Wncfe
Is the barrier to prevent us from passing law to-
day declaring that the necessary qualification Of
representatives in the next General Assembly shall
consist in the experience to be derived from the
enjoyment of seat in the present, and requiring
every member when he comes forward next year,
to swear that he a member this and call this
his oath of office?
What then becomes Of the responsibility of the
members of this House: Where is the liberty of
the people? Where is their security against the
tyranny of their rulers, no longer their servants!
Establish doctrine that will lead TO consequen-
ces such these, and then, indeed, may be in
duced to go with gentlemen in favour OF Con-
vention, not only in obedience, whilst here, TO
the instruction of my constituents but with all
my heart hei CATER, will unite in whatever may
be necessary 10 limit the power Of this body, and
secure 10 the people their rights and liberties. But
it was not his purpose, he sad to 30 into the
,ideration of these points; they had already been
exhibited at large, and with force and effect tina,
IL would be presumptuous in him to attempt 10 add
to. He would pass on TO the execution OF his
design OF presenting briefly The House, another
! view OF this subject that had occurred to hi
mind with some force. He did so, with diff
dence alw avs attendant on the expression of his
own opinions, heightened this occasion in no
small degree ~ the fact, that it had escaped, or
been passed by unnoiiced, by the gentleman 10
had exhibited comprehensive view of the
whole subject. II, however, he could succeed in
presenting it il. the same light, with which it had
Impressed him, he thought it might have some
weight in the decision of the question.
In the sixth section Of this Anti Duelling law, il
Is provided, that if any person shall leave the state
OF Virginia. with intent TO elude its operations and
beyond her limits be guilty OF violation of its
Iovsions that he shall be brought ba and punish,
ed if the offence had been committed within the
commonwealth.
This consider exercise of unrightful pow er
by Virginia, being in violation of provision in
the Constitution OF the u. 'a,es and If succeed
in establishing this point, it will be readily admit
ted That as she has right pass the law, she
surely have no right to impose the oath upon any
indiv idua. that he has not been guilty of viola
lion OF the law. If any part of the be uncon-
stituonal, it efec.ually renders the requirement OF
the oath so, that being taken in reference 10 the
whole act, and not 10 any particular part of it.
What right, then, has Virginia TO pass such Z
law?
Jurisdiction beirg necessary TO legislation, how
can she Claim he power punish offence that
has been commit ed beyond her territorial limits,
and within the jurisdiction of another sovereign
~! am told she claims it under The authority of
the law oil nations that nation is responsible
Tor the acts OF its citizens against the laws of other
nations, SO she must necessarily have the power
TO control The conduct of her citizens wherever
they go.
Nov, Is this the fact? Is there any such ne
cessity! So far from it, Is far as am informed
on the subject, it is directly contrary 10 the hole
doctrine recognized by the law of nations. II is
laid down by the highest authority that a nation
Is NOT answerable for The conduct of its citizen.
except where it approves ratines in some way
the act committed by the citizen then il is made
The act OF the State, and the State does become
answerable.
An Individual citizen OF any nation going into
foreign country, is admitted upon the implied con.
! ui'ion oil his submission to the general laws of
that country, made to maintain good order, and
1t he be guilty of any fault or crse, is responsible
to, and punishable by, the law of tie land where
the offence is committed, Tb. is the general
rule, which admits only of the exception of GER
tain public officers, such ministers and her re-
presentatives OF nation, whose station, in regard
10 The country TO which they go, imposes the
necessity oil their exemption from the or Grafton of
It's laws an exemption in their case necessary 10
The independent discharge of their official duty
80 them 1t appears there is no necessity, grow
ing out OF any rule prescribed by the law OF ma.
lions, under which Virginia can claim iuri.dic-
ton over offences committed by her citizens be
yond her territory. Then, as the law of nations
IS the law OF necessity. and there ia no necessity
tor The jurisdiction, it cannot be claimed under
The law OF nations. Added 10 this, too, we find
II iad down sihs general rule, that -" jurisdiction
cannot be exercised over persons or property out
OF the territory" and that the 90 punishment by
bation," Of crimes, ought to be confined TO
those committed in its otCn territory, and the
exception to this general rule, is made to consist
oil class OF cases of the most fragrant character
ueh as common incendiaries, prisoners, sssassIns,
pirates, sc. who carry danger wherever <bey 90,
and rom the necessity Of the case, must be pun
shed wherever they be taken.
Again: Ii will be admitted that an indiyidual
can only be punished by the same rule against
which se has offended; and if the right to punish