Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-22

SHOULD nave no constitution at all, for the mind.
OF men are as likely to change, TO the propriety
vi Heeholi and residence the unchanged ba-
SIS OF representation. We may by AMI bye think
.nat judges, the attorney general, and ministers oil
the gospel ought to be admitted upon this floor
IS ioiiy, therefore, 10 restrain the legislature in
'hese particulars; in fact, it is folly TO restrain the
power Of this body at ALL
Inc next proof offered by the gentleman from
berkeley,is derived from the law dsoualifyine Off
GERS OF me general government from holding OIL
ees IN the state government. 1t has always been
considered rule of national law that the officers
oi one government could NOT be received as OH
GERS OF another. Policy and the nature Of thing.
'equhe' that this should be the general law among
nations, and upon this principle all nations act
ihe State OF Virginia stan's relation to the ge-
neIa govefnmen', as she does to a foreign nation
IA 'his lar, except that the policy is much
'"enS'r, Than between nations more foreign TO
one another. Our statute upon this subject is
nothing more than declaraiiye of what the law is
IL was necessary to enact il that ell might UNDER
STAND the principles of the existing rule or il
ngh' nave been necessary 10 pot end to doubt
Np"" "s' SUBJECT; but, perhaps, stronger reason
may be iound In the fact, that Ibis new government
received iis existence or rather REORGANIZATION
suosequentto our constitution; and THEREFORE more
s"ohS!y Jusilhed The measure, than that alone in
my opinion would not give it entire sanction
Inc gentleman, in his comments upon this branch
OF MS snhJect has endeavored to arouse the State
iIght Tears OF the House, by depicting the alarm
ing consequence of having upon our floor the
many retainers Of the General Government, who
are subject TO the will of President, or Secreta-
~ oil State, Tor their bread such as contractors
custom house officers, &c. s.. Indeed sir the
consequences would be fatal to our independence;
but does not his own argument go to shew thai
'he danger exists! For if the exclusion did not
exist as matter of course-if u :. officers are
only to be excluded by operation of the statute
that statute, being in the power of this House
can at any time be repealed and then the vey evils
so much dreaded will he visited upon u.s. Is il
not the safest doctrine, contend for their ex cu
SION upon the rule, that they excluded by opc-
ration OF national law, Interchangeable, aud wI,hou,
the power OF the Legislature,
Inc gentleman need not have told us that he
was one OF those who contendcd for a liberal con
srnction OF constitutions. His liberality is 10 be
round In every sentence that he has uttered bu,
he has certainly failed, in the EXAMPLES he has
quoted, to prove that constitution has been so
Literally dealt with His first instance is in r.Ia
'on 10 The powers Of Chief Magistrate He
says that under the clause which gives the Cover
nor power to act with the aauice of council i,
mas been decided, and so acted upon, that the Go
'e'hor' '0tets oofelas must act npon the advice OF
the PIivy Counoil. Not so, MIR Speaker: YOU
know tha, he has negative vote al leas, anil
mat though unanimous in their advice TO him
'he Nhiei Magistrate has it in his power 10 mega
i've any proposition sdvise.i--and this in s,rc;
conformity with the constitution
lie next asks, without this liberal construction.
what power have to act as a Iesslatures and
calls for the clause in the constitution which forms
US INTO complete legislature? l will no, read
the clauses, but simply refer the House 10 the
21 ~
But the =" hi1g cire-aH'' in his argument is
nat this Test Oath imposes no punishment: and
mere he tells In The hcrin
mat he is plain iarmer-ihat he is no LAWYER
ana not versed in the q'irlss and gubs oftecbnica
pieadnS-- and IN proof of his humble pretensions
ne quotes upon Us common law rules Of proceeding
In the true spirit OF a county court aspirant If
no lawyer, Mr.. Speaker he has at leas, had pre,tv
Soou iegai advice IL - no punishment, because
though a party refuses to take this oath ye. Is
arraiSned Tor his offence before criminal tribunal
ne cannot plead his former punishment in bar
Fefy true, sir; but if am to be tried today nv
the strict operation of law, and 10 be hell down
70 strict legal principles, beg leave to plead the
statute oil limitations, which declares that no man
shall he indicted or tried for an offence no, nun
lshaoIe by confinement in the Penitenliarv or nv
dea'h, alter the expiration OF IL months from his
ohence. Bus, jrsiins aside, sir, is this no punish
ment! No runisbnent, sir, TO be deprived Of
the dearest rights that the Virginia Constitution
anu "n"' is more good old FTsinan principles
, nave always maintained Rights that our noble
ancestors so boldly and so dearly con,ended for in
Inc d'Ik days OF our political brth-Rish,s that
you and every one here esteem so highly that no
ptce can purchase them from You Indeed. sir
II tins be not punishment, / an, yet 10 learn tho
anguish OF keen mental torture-if not punisb
ment, why is the remedy insisted upon2 Ynn
need not take the oath, say gentlemen. and Of
course no punishment This reminds us of the oII
laws against wi ches Ito ascertain whether , ,vo
man was witch, the poor ygre, CHI was ,bro,yn
into pool with stone about her neck. if she
swan 'he was witch aud of consequence punish
cd u she sunk, she WITCH and of conse-
quence not punished. The cruelty in my case 10
more refined, but not less cruel a cruelty that
even religious men might hesitate to inf1ict.
have done, sir; aud whilst neither auoloyise
for the bold stand that have taken ly pre.n,n,no
TO take my seat without taking this oath or for
having dared 10 oppose my opinions to the wise
men OF iolO who enacted this law, yet csnno,
refrain from Offering my best acknoy, ledgments To
/ you, Mr.. Speaker, and to the members generally
Tor their patience in listening TO this proracteJ die.
custom, and particularly for their Kindness In me
eyince throughout The session
Should the judgment of the House be asains,
me, shall, at least have the proud Satisfaction ri
having Pursued course dictated by my conscience.
and supported by the opinions Of fhSse " no. tho;
IN error like myself own their mistake TO the head
and not TO the heart.
(DCbate to be COninued)
MIN ET EEGIpA CONGRESS