Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-02-08
MARTtNsBURG, VA. THURSDAY, FEBRUARY s. 1927

tAough nut Tor an houf, day, or a
year, they have equal power TO enact IL
for gears, and consequently such as
may operate for the life OF the indvid
uah Ia November l776, a committee
was raised 20 revise the laws of this
Commonwealth, consisting of Messr..
Jefferson, Pendleton, Wyihe, George
Mason, and Thomas l.. Lee, who re
ported a number ofrevised bills in June
1879. Thomas Lee died in the mean
time, aud the report was made by
Messrs. Jefferson, pendleton and
Wythe. Geo. Mason having resigned.
but not until the plan OF the work had
been agreed upon, and, in a considera-
ole degree, carried into effect. (See
). at lie. 9 p. IT'S; These bills were
never enacted into code, but passed SO.
paraiely, a occasion required, and are
known in Our legislative history by the
title OF revised bills. In October 1885,
one of these passed, imp osing the pen
atty of expulsion from the house, and
ineligIbility for three years, upon bri
berry. or treating, either 20 promote, or
in consequence of election. Ii authpri-
ty in any case can have influence. sure
IL this is one in which il is entitled TO
peculiar weight, as we have here a
practical construction placed on the
constitution, by the very man who wrote
it, by the venerable Pendleton. one OF
its most jealous and enlightened sup.
portecs, aud by two other most active
and intelligent contemporary politicians,
who OF all men, will be least suspected
Of putting On the constitution a torcad
construction, for the purpose of exten
ding the powers Of the legislature, aud
(ss the gentleman from Norfolk is
pleased 10 say abridgihg the rights OF
the people. This single case would
seem to him conclusive oil the question.
But, sir, said Mr.. c., viii dwell no
longer on this construction OF coniuuc-
ton, and propositions The gentleman
is greatly mistaken in supposng the
whole argument TO rest OH this ground.
Strike these words from the constitution,
and still, according 10 the theory of our
government, and every fair rule of con-
struetion as applicable TO the constitu-
ton, and the power of supsradding o.
ther qualifications remains unimpaired
to the legislature Ths United States,
as they presented to the world the first
Instance of a regular written constitu
ton, also present The singular fact Of
two constitutions differing radically IN the
rules of construction applicable to each,
The one Operating on no pre- existing
rights, is only grant of so much pow
err as is expressly or implicitly given.
The Others - nota grant, but restric
ton Of power, or intended 10 direct its
exercise. For, before the adoption OF
the constitution all power,legislative,ex-
ecutiye, and Judicial, was in the people
themselves. AS they could not exsr-
else TN. power otherwise than through
their representatives, all this power
would bevested ia them, aud but for tbs
constitution. would still remain in this
body. As, however, the people have
chosen In take from Us portion OF THE
power, the converse of the former pro
position 10 true, and all power not taken
from US, is still enjoyed by the legisla.
ture. With this fundamental truth al
ways 10 view, let us apply one or two
plaia rules of construction, and see
whether this poweris not fairly derived
from the constitution, even without de.
irving any aid from the words, "or duly
qualified accordingto law" The first
of these rules is, that Sords shall be con-
sidered according to their Common aud
natural import, azd not put negative
Specification upon affirmative words, or
the contrary. Surprising, then, the words
cor daiy qualified according TO law"
removed from the constitution, it would
stand thus: The House Of Delegates
shall consist of'two Representatives TO be
chosen from each county, and for the
Dlstrict OF West Augusta, annually, of
such men as Rctuallyreaide in, and are
freehoiders of, the same" II is not SAID,
although gentlemen 90 wish 90 construs
it, that all freehoiders, and all residents,
shall be capable of serving in The Gene /.
raj Assembly; but by the rule OF con-
struciiou before mentioned, only re-
quires these qualifications in persons
otherwise duly qualified according to
law"
Another rule of construction, which
every lawyer in the House will admit to
be true, is, that as the enumeration OF
particulars excludes all cases not emu.
merated, so the exception of particu