Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-23

'incasile were established, and as the popula,io
Tiled up other counties were formed. That coun-
Try was not then occupied now 10y refined and |
people, but by hardy Adventures The
hunter and his game were. the only inhabitants:
TO support the government, they. indeed. paid no
money into your Treasury. hut they paid the rich |
tribute OF their blood in defending your frontier |
Occupying these lands then 20 wild, they formed
your only and best barrier against savage incurso
into your interior settlement. They held their |
lands 10y occupancy, and not by your grants; for
your grants could give title unless sustained by
their rifles. 1t became the policy of the govern.
ment TO invite settlers 10 that dangerous territory
The act which established Frederick and Augusta
professed 10 do so--" Foreign protesfants, no.
national born subjects (and, therefore, capable
OF holding lands or exercising the elective fran
chise) were nviedio go there, and the settlers a.
mong other encourageinents, received an exemption
from all taxes, and other privileges AM, immuniics
Stat. at j. 76-6 do. 25S, 355, 377. In l75S
Hampshire, and in l769, b ateiouri counties were
established out ct The territory. Every prin-
ciple of justice and policy required that these per
sons should be allowed TO vote and be elected
Accordingly, in the year IT'S, after the Royal
treaty had ceased, and the Royal Governor had
abdca,ed his Office, an ordinance of convention
was passed providing for the appointment of De.
lega'es ~ future assemblies ard conventions Tbs,
ordinance merits especial attention and respect Ii
was one OF the eariies, measure, OIL revolution
participate in tie new government. These yerv
ndi iluas whom have named, the corpofator,
and settlers of West Augusta and Fincastle were
noticed; their elective franchise Acknowledged and
provided Tor. The right Of voting was recosniz
ed. i. In ireeho!jers OF every county. 9 s.Free-
holders" and others by ia,c qualified, TO vote for
bufgesses in the corporations, &c. 3, Land
holders in the district OF Yves, Angus and Fin
castle" Not only was the word {. Landh, lJers,'
used instead OF Freeholders. in relation 10 West
Augusta and Fincaste, but il is obvious tina, If no
Landhotders, freeholders were meant, Ibis whole
| provision In favour of West Augusta was unne
| ccssary, as the ffeeholders OF that county mich,
have voted under the LIST class which extended Ia
Angusa as well as every other county, none BEING
| specihed. And The l2,h section of the same IA W
referred in detail to their situation, and exnressIv
declared that they were not ireeholders, hayne
only an equitable ana not legal Tile their land
aud that ihey might cleo, and be elected. The
| House will, therefore see, anu the meohers FIRM,
these counties, II Is hoped, will not be unmindsul
OF 1t, 'ha'the right OF large portion of the yeo-
marry OF the Saiesresed, as that of the co,,or,
tors did, no, in freehold tenure. That all We're il,
tended TO be placed on The same footing of consti
iutiona security, there be no ground To doul,,
No dissatisfaction existed in the public mind nc tn
the state OF the elective franchise: no ANAL Of tho
day. no Tradition affords the slightest preteA, for
| -upposing that any discrimination was intepdel
! among persons all g duly qualified accord: :, "a
i Jaws anu the very nature OF the revolution for
bids the belief, that an hour so ne,irous. a, ,
| moment, too, when were about 10 establish I.
Tree government, an attempt would be made to dis.
| i'anchise SO large portion of the people The
| statutory law was tie com,ron fountain of every
class o! qualiicsIion and all had the same claim 10
protection. 10 have provided for all these cases
ny specihc enumeration; to designate all The per-
'ons who had The elective franchise, by charter
ny general laws, or special acts to adopt all The
modihcatIons and regulations, (and they were nu
mercury 10y which the right was to be regulated in
us exercise. tn TecapitUlate and specify all those
who, though ireeholders were disqualified under
! general laws, or by special acts, as jnsnectors
ana sheiihS Nc &c would have been work OF
great lahour, requiring much patience, as well as
accuracy ofinv ga ION and hen effected wouIJ
nave extended the constitution TO an Unreasonable
ouiN. III was more safe, as ii was more easy and
equally theciual; 10 attain the objec,
to the existing law to ascertain tie qualification
! 10 ADOPT law by reference is not unusual. II
vas done in the Constitution as TO The rich, ~
suffrage; by the act TO suppress duelLg in relation
TO the oath; by The act of Congress which adou,ed
he isws OF The states a. rules OF decision in eacb
slate Tor this purpose the words duly ouali6-
cd according to law" were used in our constitution
10 give The perranency OF constitutional adoprion
10 me right OF eligibility as it then existed.
MS Is confirmed by coienporaneous decisions.
Ia October l776, when Montgomery, Washington
Kentucky counties were formed out of FjncastIs
Z ohasona, Ohio, &; Mononealia s. Yves, Aupu,ts
oy the acts which es abshed them sthe possession
OF The land, though legal title in The same shall
nave been conveyed TO the pUssessor, conferred
| a right TO VOTE" and IS Capacity 10 be chosen
r.P'eseht"tive oil the county where the land shall
ie' This was dcss from kpowledae tina, Tho
IONS tuition had secured that right 10 the free
holders OF West Augusta and Fiac,stIe from
winch The new counties taken But no in
stance exists, IN which similar risht has hoo,
conferred on any other possessors of land q i,ho,
freehold titles.
/ But he begged gentlemen 10 consider The con-
sequence OF their construction Of The words JuI,
quaihed according olaw, instead of being Ill
'u'ohsi continuation OF existing rights was intend
Gu W confer power on iuure Legislatures till that
riSht was exercised, all ireehoders were e,isibIe
and none but iIeeholders. Now the frs, penerat
law passed on the subject was in 1875. VIVA, was
me condition oil the elective franchise in tina, in
'ervai! Were all freeholders eligible NEGROES
muiattoes, Indians, convicts, felons, &c, Iyere
none but feei.oders eligible! Yet the cornorao
IONS, and the people from Yves, Augusta. and
me counties taken from IL were all that time re
presented in that House, and always wi,bon, ~,
lection. W.
lie should, perhaps, be told that the act Of ,s5
enumeraiing the qualifications of voters was
pregnant proof that the constitution had not Fl xed
ihetn. lhis idea was fallacous. III not If n,ove1
mat the Legislature could disregard the cons,itu.
lIon. bat they had done il on some occasions
had been pronounced by the decisions Of the md
cary. bat The act Of 80, he considered a. ooIv
ueci'ra,ofy OF the existing qualifications for The
pe"er Information oil The people. Ii stood like
the act Of Religious Freedom, in form. s,s,n,a.
but expressing and developing principle contain
cd IL The Bill OF Rights. But gentlemen ssv ,h.,|
hopsh Tie Leg stature cannot strip fteebolder of
NJ qualhcatIoD, tbey may require additional otaIi