Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-01

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'hus acquitted, and freed from the charge, misi
SIM refuse to take the oath, and you would shu
your door against him, although acquitted by tn
Judgment OF his peers and by The law of the Ian,
Inc BIZ OF Rights declares. that -" unusus
punish seh's shall not be inflicted" Is not
PUNISHMENT, seli-iniic,eI, an unusual punishment
"heh was 1t heard OF, until now, that an Eng
iishinan. or Vrginian, was required to punis
himself. This IS surely an unusual punishme en-,
ana forbidden by The Bill of Rights.
IN courts OF Justice, every man is innocent un-
VI the contrary is proved. Here, every man i
nea'ed as guilty, unless he will that he is in
"oeeh'. Now, IT a man is not required to swea
anhna'i"eiy to condemn him, shall his refusal ,e
swear to negative condemn him!
NO oath whatever should be required Of tn,
Members of Assembly, except the oath TO suppor
the Constitution Of the United States, which tina
constitution imposes on the Members OF The State
| legislatures IN Congress, other oath is Ia
Ken; but here you Will require of William b
Hnes 10 Ielinqnsh and renounce the character o.
supJect OF foreign prince state, and 10 allure
all allegiance that may be claimed by them This
10 RIDICULOUS Every oath is test; and all tests
are dangerous. The History of England sews
the uses that may DC made of them. Every oath is
new obstacle in the way of the right of The peo
PIE freely 10 choose Delegr es, and freely TO exer.
else 'heir authority by them. \ case occurs To
illustrate this. You have beftre You an amend.
nien' 10 bill, which provides for the meeting OF
convention, offered by able gentleman IMr
CP'hui) whom suppose TO be 40 great file: d 10
eon' en,ion. II proposes that every ueul err oI
| 'his con' enii9p sEali take an oath that he will
agree 10 no consii;u ioa bat that whirh is nEsr
ioi the general welfare. l am certain, should be
member, aud take this oath, that I could aotee
70 no constitution; for should not he allowed TO
form that consii'ut!ci which / would dee,o ,b.
best; and therefore could not asree 10 any f.,
oath imposed by the members of one Ass.,,,l,,
On 'he members OF succeeding Assemblies is an
abridsement of their free will. One Assemble
mas no tight TO ab; idge the authority of another :
hach House Is sole judge OF the qualifications of
It's members; and. therefore, never should ay,aa
win Tie other House in any act which sbo,ld
| restrain the power Of future Houses TO iIJ.e nj
Tie qualifications of their members
VIII now Contend, that whether the oath M "A y
NC cohS'tutioha!Iy imposed on the Ulcers of m.
government "r not II is not by law directed 10 be
re9u'ed OF members OF the General A-sembly.-
Inc mira seciion of the duelling ac. Directs ,ba,
every person who shall be appuinted IN any oc
ce or place, civil or military, shall take the oath
against onei'ing concluding that he will not offend
""HS h'S continuance ia office. This law i,
"ppic 'oie 10 officers, properly called and mol
10 members oil the General Assembly. The con
~, never speaks OF members of The Assem-
o'Y as oihreis, or DIS appointed. In the consi,u
'i"n, members OF he Assembly are said n 10 .Io.
ei' sec. u. E.ch couhty-at the lime of IN. clio.
i"'i OF lis Deega'cs. The six Member. eLccte,
oy 'he hrs' division. Sec. Z. The right of suTra
~ ae election of members of both Houses Sc
~ incapable OF being elected members On the
contrary, officers al said 10 be appointed Seq
Z. Each House shall appoint its own oficsrs
DEC, IL. ihis council may appoint their own
clerk. Sec ii. The Governor shall ap1o;,t
persons to succeed in Office. Sec Is. Shall an.
p0Hf justices. etary shall be appci,,frJ
Inc Justices shall aPpoin: con-tabies. Sec I6
Inc Attorney General, such oter person -,
l NAV
treasurer shall be appointed annually. Thus. we
hhd the legal meaning oil the phrase, appoin, el
10 oihce rs applicable 10 the creation Of an off;
Ger receiving fees or salary, aud WHOSE duties a,s
Judicial or ministerial.
| The work of Judge Blackstone has passed ,lro,
'ne nahd' @! most mrmbeI- OF The House. 1 pre
sumo; certainly through hose of all the re,tIe,en
Oh Tie legal profession. Let us see how lie Il, ti,.
'.' ounce: Oihces, which have rishi 10 ever.
Csc pubic or rirae employment, and TO take
ne 'eeS ana emoiuments ihereunto belonging are
al>o Mcorporeal herediiaments 10, p,,o mo,
nave an estte In them, &r.'' He divides ,ben,
| INTO Jidlcial and ministerial. Is member of par
iiainsnt an officer. Has H. .Htler of The As.e,,
biy an estate In his sea Can he i,N writ in the
""'"re OF quo waTrantn? Can he have mar.
danus to admit him 10 mi 9.
! THIS point, that member of the leoi.ls,ur. :;
not an officer, has been derided, eli her By the Sc
nate as court OF impeachment. or the Hou e of
representatives, acting The grand inquest OF the
nation, in the case of William Blount, a Senate,
from tennessee; in whose il was decided thu,
q Senator is not officer liable 10 be removed
/ rom Office on impeachment.
Fhe Constitution nf The United S,a,es d.cIo,.s
that " The President, Vice President and MI
ciuH officers OF the Tilted States. shall be renov
ell ion Office impeachment for, and convir,iou
OF, reason, bribery, or other high crimes and mis-
| demeanors;" and tha, Judgment in cases of i'm
parchment shall not extend farther than 10 removal
from oihce, ADD disqualified ion TO H. Id and epio,
any olice OF honor trust, or profit, under the II
States" But it decided 10 Blopnt's case
| That Senator was no, cirH e'icer Couse.
q1ently that decision is in point to shey tha, =
nemher OF The legislature is not a person apro;n,-
ed 10 riyil oihce; and therefore bound by III,
third section of the Duelling Act or the ac, pre.
scribing the oa,hs of pubic officers, to take In,
oath against duelligg.
Sir, let us Iberate The representatives. of III,
people from this oath, which abridges The r.b,s o.
The people freely 10 choose by whom they will b,
represented.
! ThWsday, jan. 30.-A Communication wa,
received from tie Senate that tley had passed th,
bill, adding part of Monroe 10 Gfeenbfier; tina,
they had passed with amendments, the bill incor
porating the trustees of Tyler Academy. (The
| House agreed to these amendments.) And that
they had rejected the bills, TO equalze The fees OIL
Attornies prosecuting the pleas of the Common
wealth, &c and concerning the heirs of John
| FeIrell, deceased.
Messrs. Gordon, Rutherford, Sc reported
sundfy bills and resolutions f. ON tile Committees
| On motion Of Mr.. .uoucure, an enquiry wa.
instituted into The expediency of amending the
18th section OF the act TO prevent unlawful gam.
ing.
Mr.. Rutheyfooyd obtained leave to bring in