Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-27
RIOHMoMD, JAN 81
VIRGINIA LEGIsLATURY
DOUI'HAT"S CASE.
HOUSE OF DEI,EG ATES

Thursday, January I1.-Mr. CoIston said
mat II was with no ordinary feelings of diflidence
that lie rose on that occasion. the eloquence dis
played by the gentleman from Norfolk, would
render his own deficiencies more apparent He
hoped, however, that The House would not think
INN 40 presumpiuous, as voluntarily to have bro't
his opinions into Immediate confiic with that gen.
teman $ on law point, when il was remembered
that he had not been member of the last IeeisIa
lure, and was therefore stranger to the opinion
gwen by that gentleman which bad then been so
widely circulated by the member from Charles CT
y that at the commenc ment of the present Sos
sion he had been too much indi-posed to enjoy
that intercourse with his fellow members which
would have appIized him of the existence of the
printed argument by the gentleman from Norfolk.
which bad again been circulated this winter and of
which lac Was ignorant at the time of making that
motion, which lad, unfortunately fer himself
brought him into immediate comparison with tha,
gentleman. In this state OF ignorance coming into
The House one morning, he the frs time learn
ed, by hearing II read, that the Committee of Pri
vheges and Elections, bad male the repor, now
under consideration; and with those feelings with
which any man would hear favorie policy so vi
olently aud unexpectedly assailed, had, 100 preci
Piaieiy, perhaps, expressed his disagreement with
te committee, and requested the report should be
laid upon the table, he was then TOO unwell TO
discuss 1t. Had he then known The opinion of the
gentleman from Norfolk, he should, perhaps have
1883 III MS OWN, Tor that
iieinan 8 high reputation and long standing a, the
Oar, and above ali his private worth, gave 10 hi.
opinions great weight in his mind; but as he had
placed himself unconsciousiy, 1t was true, in his
present situation, sense OF duty would prevent
MS shrinking under even so unequal contest He
solicited, however, the indulgence of the House,
which he thankfully acknowledged had been ex
tended 10 hIo on many former occasions. when
they remembered that his ayocations had been oa
Iicultura aud not professional and that he did no
estimate his legal attainments beyond those which
became an ordinary justice of the peace. Without
iur'her apology he should proceed 10 discuss the
question before them.
The gentleman objects 10 the CONFERENCE.-The
OF this law because it is in the nature of criminal
prosecution, and dispenses with The ordinary ind
ciai tribunals In the investigation OF the offence
The gentleman has defined criminal prosecution
to be Judicial investigation, 10 ascertain the
crime and nfict the proper punishment, If ihi.
oehniiion were correct, II seemed TO him at once TO
settle the question, for by the duelling law. the
quit OF innocence OF the party was by no means
ascer'aned, nor did any punishment follow, unless
1t were exclusion from Office, question which he
would consider and reply 10 in a subseouent mart
oil the argument. MIR. q. here gave way for a
motion 10 adjourn, and on Friday resumed bis
argument follows0
Mr. o. said, that when the House adjourned. he
was engaged in the unpleasant task OF expressing
sis dissent from some of the positions taken bv the
gentleman from Norfolk; more agreeable Office
presented itself them Of agreeing with him in other
POSITIONS. He agreed that The words {" or dulv
qualified according to laws in the constitution did
refer TO pTe-existng laws, and he would willingly
nave admitted the position, which the gentleman
had spent so much time on yesterday in p,ovino
That 1t was intended TO protect the interests Of the
land holders OF West Augusta, and the inhabitants
oi me ihen cities; but he could not agree with the
gentleman that they were confined to this purpose
lbey had prospective well as retrospective
operation, and surely the words were sufficiently
extensive In their Specification to embrace both.
a constitution, like any other instrument, was TO
be construed by the plain, ordinary ifnport of
wOIds, subject TO The understanding of every man
and The word law was sufficiently comprehensive
10 embrace both past and future enactments. For
instance, were he TO lease bis land for certain
NUMBER OF years, AID TO insert stipulation that the
tenant was 10 pay all taxes imposed by law: if the
the government were afterwards to do,ible NJ,
quadfuple those taxes, would the tenant be per.
United TO plead that he had paid those which ex.
Isted at the time the lease was granted. and was
not bound Tor subsequent impositions' Would
SUCH defence be admitted in any court of iustce5
IL must be admitted that If lie word, or d,it
qualified according olsw; refer TO laws passed sub
seq"eniij TO The adoption Of the constitution, they
are suthciebuy comprehensive to convey to the lie.
gisa'ufe the power OF adding other qualifications 10
those enumerated In the constitution. These words
must nave some meaning, and IL is therefore AT.
tempted, contrary TO their obvious meaning. 10
conhne Their operation TO pre- existing disousIf-
Gallons only, because says. the gentleman from
Norioik, on any other construction, the extended
sense given TO the subsequent clause by the " ord
= or would subject 20 the legislative will, the