Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-01
VIRGINIA EEGr 81 AZURE
HoI1sE OF DELEG ATEs.

Ou0St0uce or .nr. bryce se"uhS "' '.e ot-
| bate on the Report of the Committee OF rim
| lcges and Elections on Mr. Doufhdts Case
| Iconeiud-il
| The characters of the members of both House.
are equally important; and, would appear, by a
like reason. 10 require being fixed IN similar way
The construction for which he CON ended while II
gave consistency to the meaning of the trainers oil
the Constitution, and admitted their Intelligence
in the OF Language. placed the CONDITION OF the
Senators and Delegates upon the same basic.
! IL was not necessary foI the present purpose,
to push farther an enquiry into the extent TO which
the power here supposed, may be carried in its
opei alton. To prove its existence is sufficient. -
| And the concurring Interpretation placed on this
par OF the constitution by various acts OF the Ge
neral Assembly. gave, he thought, irresistible
force to the reasoning which he had endeavour
! ed 10 urge in support of his construction. As
early as the month of Oc ober, in the year l776,
in diying The coun'y of Fincas,le into the coun-
ties OF he tucky, WASH gon, and Montgomery.
the General Assembly in fixing the qualification
OF representative this language: That
every free white who, at the time of elections
OF delegates senator's, for the said several coun
| ties. shall have been for one year preceding in
| possession of twenty FIVE acres OF lend with a
house and plantation thereon, one hundred acres
! OF land without house an plantation, in any OF
the said counties, and having right estate for
life at least in the said land, IN his own right or IN
right OF hi wife, shall have vote, or be capable
being chosen representative, in the county where
the said land shall lie, "Sc. Yid Hen Stat. at Urge,
9th VOL p. go In forming the counties of Ohio,
fohogania, and Monongalia, The qualifications OF
! those capable OF being chosen delegates sen
aiors are designated in the same words. and ems
b'acsd in the same section. So in 1855, the term
OF residence qualification of delegate or Sc
nator, is reduced to six months. and their fitness in
all respects made the same. In every subsequent
RI aatltfa tha,, ko,l
| same Legislative power No distraction in the
| power of control over the character of each can
! nc iouud In our laws. Hitherto bui one opinion
seems 10 have prevailed this part of our ccn-
suiuon. He did I, however, consider 1t requi.
site to trace this point further a consideration
drawn from another power; power onfessedly
belonging to the Legislature the power of rre-
scro'ng ss punishment. the deprivation of liber-
| ~ and OF life, surely sufficient 10 Justly a
punishment consisting in disqualification fnr
oihce. The mode of infiicting the punishment,
might I've unconstitutional; but the punishment H.
self within the competency of Legislative power
Enough, he thought, had been said on the oath un-
der consideration il reply to The eloquent anal
learned gen tlernan from Norfolk county TO slew,
that presents aspect, mole of trial :, hich
can conflict with the Bill of Rights or the con ii
tuition. He would nov more particularly exam
! Inc some or the remarks of the gentleman from
! Wy'he-who coniended that this oath was qual-
hcaiionhat all oahs except the oath 10 SUI mort the
constitution Of the u. 5 required Of members OF
| this House were qualifications added to those re-
CURED By the constitution, and 50 beyond Lesislas
tive power to prescribe That every oah is a
test, and, therefore, dangerous This he under
stood TO be the substance of that eentleman's Oh
seTvations on this point. Ard he was surprised TO
see That the nature of naths was so in;istinc,iy
conceived by gentleman. so famed for the acute
ness OF his intellect, and hi power OF dssrimins-
ton. To confound the ceremonies of initiation
with the attributes which qualified FIR Office. was
surely strange mistake. But he was more nafii
culsrly surprised 10 hear the broad doctrine nd.
vanoed, that no oath should be required of the
memters OF Assembly, except that 10 support the
constitution OF The us, after the remarks which
mao fallen ircm that gentleman in another part OF
his speech. He had sail that constitutional opes
tIons should be susceptible of ing settled that
an interpretation OF the constitution long accuiesc
Ell IN should not be questioned Now, he would
ask -foto long -lTil construction have prevail
ed 20 give it a rcntrong force' VIII The gentle
man sive as he limitation and the reasons for il
mat precedent should invest the representative
OF the people with a power not delegated in the
constitutions doctrine against which he would
protest. itwould settle upon us the errors Of our
predecessors; and pave the way for the extension
OF that usuTpation. which me supnencss of the
community may have for while failed "a resist
preservation o! institutions in all their puri,
as THIS idea is, instead of supporting the
OF TOE gentleman, II demonstrates its faliary et
US see now 1T maintains the broad grounds >hicb
ne mas taken. Six days after the formation of The
constitution, the Convention passed an ordinance
prescribing the oaibs of office 10 be taken by tie
Governor and Privy Council, and other officers Of
me Commonw eai;h Of Virginia, and fer other
purposes therein mentioned in which we find an
oath to be administered TO Senate, or.DsIegate
before they shall enter into the execution Of heir
respective Offices From that period to his, os,hs
nave been taken by the members OF every General
Assembly. Hererhe tanners of the constitution
shew, tnat they did not consider the exsc,ion of
an osih from Delegate as inconsistent with that
instrument; nor making such an addition "a the
Constitutional qualifications as was beyond the
limits OF Legislative power. Ii is NANTES, that
they did not intend to prohibit GA ths they did not
OeheVe that such restraint was laid upon tire
powers OF the General Assembly a. would forbid
the requirement oil them. This is the 6r.; inter
probation given 10 the power Of the Legislature
over The subject OF oaihs; consecutive assemblies
have adopted 10; and this Interpretation has been
ever since acqussced in. Nov, according 10 the
argument OF the gentleman, long usage has sane
TONED The power, and 1t should NOT now be cues
toned
Again, the oath under consideration, or sim
Iar one, has been required IF members of this
House, and takeh by them uniformly for rixteen
years is THIS period long enough according 70
The ideas OF The gentleman from Wytbe, to give va
lidity TO the power which prescribed it9 Or.
wheh IN the lapse of time, will II receive this con-
hrmstion! He thought the drift Of the argument
was against The pfopriety of annulIing The oath
at present. Another observation is obvious ,tpon
'hs ordinance the great difference of opinion w.
On me meaning OF the constitution, between those