Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-01-25

He explained the circumstances which
had brought him ia collision with the
gentle man from Norfolk, aud proceed
ed TO reply seriatins, to the arguments OF
Gen. Taylor-but 10 few minutes gave
way to motion of Mr. Briggs;
When the House adjourned.
January IL
The Chair communicated a letter
from the Governor enclosing a report
from the Superintendent of ediGces,
which on motion Of Mr.. Epps, Was laid
on the table.
On melton Of Mr.. Taylor, the several
orders of the day we're postponed.
On motion of Mr.. Winston, the Board
Of Public Works were authorised to re-
quire the Civil Engineer 10 make an
early survey of the North River, with
estimates, &c. for locks and dams. The
resolution on motion OF Mr.. Bryce was
laid on the table for The present.
CASE OF MR.. D0UTH At.
On melton OF MIR. Taylor of Norfolk
county. the House again took into con
sideration the report of the Committee
of Privileges and Elections conserni ing
Robert Douthat.
Mr.. CGLsToN resumed bis argument.
He conceded that the words qualified
acc 'rdlng to law" were intended to
embrace the cases of the citizens of
Norfolk ane Williamsburg, and of Wesi
Augusta Bat he contended that they
meant something more thatthey refer
red as we'll to the future as to the time
being to laws 10 Be passed. as to exist,
ing laws. There was nothing in the
plain construction the words tn exclude
this construction. Constitution like o
tner Instruments consisted Of cords, and
those words must be Interpreted in their
ordinary and plain interpretation. Free
hold was intended to be.made the basis
of the elec. " franchise, whilst it was
not intended to disqualify the classes of
tended to conhne the meaning of the
words Tor qualified according to law
to existing cases, words to that effect,
"or qualified according to erssf'ag laws
sc. would have been Employed Ii was
the object OF the authors of the Consti
tuition. both to provide tor existing rights,
and TO give to the Legislature the right
Of superadding qualifications In future
a right which they had previously and
bene licialiy exercised. Without this IN
depreciation wa must absurdIy suppose,
that The Convention designed to adopt
the disqualfications which had been
from time to time adopted, without re
serving to the Legislature the power of
snnulIing them. He understood the ar
gumens 10 be, whether this House could
constitutionally superadd qualification
10 those in the Constitution. In II 2,
inspectors Of tobacco, were excluded
from eligibility. II rhe argument Of the
gentleman was right, This disqualification
was adopted by the Constitution yet in
1878, this provision was re enacted by
the General Assembly. Again atthe q !
doption Of the Constitution, there was
no provision making member of the |
Old Congress ineligible to a seat in the
Legislature. and Richard Henry Lee
was elected member Of the Legisla
ture wbilstin Congress. Ia 1879, the
Legislature expressly declared them
ell i5le-in 1888, ineligible If the words
ot the Constitution, had not a prospec
tive operation, why had these acts been
passed. These were coaltemporaneous
expositions of tae Constitution, and pro
we'd that the statesmen OF that dav, DIFF
fared from the gentleman from Norfolk ,
in his construction. Another strong /
contemporaneous exposition. was in the
recorded opinions of George Mason.
George Wythe. and Thomas Jefferson.
In their revision of the laws reported to
the General Assembly of t779, (see
9th. Hening's Statutes a, Lsrge,p l75) !
one OF the bills conferred upon the ;,ouse
of Delegates, the power of expeliing !
members convicted of eectoneering by |
treating with meat or drink. Vas not !
this annexing qualification urwould .
the capacity OF those great men be |
questioned. in the Interpretation of the /
Constitution But he would agree to +
expunge those words ''or qualified ac-
cording to law from the Constitution
and claim the right OF adding qusli6ca
ton or disqualification from the Cons,i-
tuition itself. He said that this country
presented the novel spectacle, OF the ex
isience of two Constitutions, construed
by rules radically different. The Con
stitution of the U. States. grant of linn.