Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-30
RIUEroMD, JAN 80.
VIRGINIA LEGIsLATUa
HOUSE or DELEG ATEs.


declaring ittnerpedient so TO amend the prter
laws as to require justices of the peace TO ssnv
warrants retnrnsble before them sorse otherwsy
iice. MIR. Il. moved 10 reverse the opinion oil IN
Committee. This motion supported by Nj
Gordon, and prevailed; and bill is 10 be broup
In acco dinghy.
On Mr.. WILSON'S motion, an enquiry was ms,
tu'ed into the expedency of continuing the loa
made TO individuals by the Executive, oil porto
OF the Literary Fund.
Mr.. Ucfk;ns of Prince Edward, in conn,
ance with instructions from he Committee Of Pa
vileses and Elections of which he is Chairma III
moved that the Committee be discharged from ~
further consideration OF the resolution requiri Il,
them to investigate the right of II. Billups meuS
Der from Iaihews, 10 retain his seat; il havi,!
been sueses ed that lie was Minister of the Go:
pei
Some conversation took place on a motion 10 Ia
The subject on the table--The motion prevailed
and 1t being again taken up,
Mr.. Everett supported the moton.-He COZ
tended thai there was no;hipg in the laws or con
stiution au'horising the present proceeding. tt.
right oil Tie member TO his was not contested
His election by the people was presumptye eyi
dence that he was entitled TO his seat, until Il.
contrary appeared. II was too late in the sessio,
to serd to Mathews for the necessary documen,
10 prove whether or not Mr. 3. was a M:nstsr
Sueh an investigation, be thought, ought to BE-
made IN Due form, and after proper notice to tieI
parties. n petition existed, complaining of tLei
members holding his seat.
Mr.. Craig opposed the notion II was a con,
sruiionai question, which he would not evade by
the course proposed II was said Mr.. B. was az
minister OF The Gospel. Why not ascertain they
isct: The wisdom of the Constitution in keep;p.f
church and state separate was approved by ALL and
1t was the duty of the House TO preserve the priu
ciple and not give The go by to such an important,
ehqnTy. The question was, should the Cons,i,u-
ton be regarded or disresarded? If they were to
n tOr naf
they wodid wait in vain. The fact was suggested
ahd The enquiry into il was necessary. If such a
case were Vaded, how long would it be before n
majority o! this House would be composed CT the
clergy?
Mo. Darts of II. said tha, the c.,ouirv was 60,
on loot by a resolution OF a member SAVING il was
suggested that Mr. b. Minister of the G o..
pei his mode of proceeding, he did not think
correct Suppose the resolution had suggested tina,
member was not a freebooter, would The House
have lndulged the enquiry? He said lie believed
Mr.. d was Minister of the Gospel in the con-
temptation OF the Constitution. But he denied Tia,
The Rouse had the power 10 reach him in this way
The people he thought had a right primarily 10
Judge OF constitute nal law, and to decide who was
ellsioie torerieseni them, and Who not. He call
ed The particular attention of The House 10 The
terms OF exclusion IN The constitution, shall be
incapable or &c. OF this the ,eopIe were IN
Judge. No mans seat could, under the laws OF
the land, be contested without notice and !. dus
observance OF the forms prescribed in such case.
II members right his seat shall be cop,es,si
IN TINS way II Is putting it in The power of that
rouse 10 repeal law, without the con occurrence of
the Senate. Mr.. ID. said there was clause i, ,b.
election law saying that whoever was capabl, nj
votinS was capable OF being elected. But he vas
to!u ihis was unconstitutional. The argument be
ad heard that the isature bad pow er 10 udce of
ne qu'i'hcalions OF lis members, bottomed upon
tSe Constitution OF The U. s. and of Virginia.
nnSffs
each House should regulate it's own proces.Iinos.
and, he asked, II this power was TO be construed
SO as 10 extend TO The qualifications of members>
II The present mode of enquiry was to be sus
tanned It would put ii in the power of refrac,o.
~ member, to keep the House here as long as ,bev
cou'G SCI undeT the constitution. Suppose the
member from Matthews were 10 rise in his nIoc.
and suggest that the member from Pocb,bnn,as
was not afeeholder- If you nstituted an enquiry
you might go The rounds OF the House onon s,,ot'
suggestions. Tie right 10 petition the Legislature
was secured 10 every citizen, and il was competent
lVr them 10 have made complaint in this case
Mr. GhofSon was surprised that the Commi,,o
had asked 10 be discharged, and especialIv afor
having gone pretty fully into the investigation b.,
witnesses and documents He thought MIR. Ia,
vlss idea very strange one, that the elieibiI,v
OF MIR BHlup- was not questioned, except by s,,o-
seSHo". and that, therefore, the House ought not
to enquire into it. Why, he asked. did ~ ~
forget the testimony before the Committee, IfLo
had recollec,ed H., he would have seen that ,bsra
was some foundation for the suggestion. Mr. z,
could never subscribe 10 the doctrine thar ,La
Hou-e was bound 10 receive whomsoever ,L.
people might send there, provided no one fron,
the county objected TO him. Was the sueoe.,;or
oil member on that floor 10 be disregarded and
one from The obscuTest individual in the coun,v o.,
be respected! IL this doctrine be established ,ba
proper qualifications of members would be d.
gafded; ana the constitution would not be worth
a rush. lie contended that it was the duty of tho
House TO see thai its members were consti,u,ion-
ally qualified; and for that purpose the COMMITTEES
OF Privileges and Elections Were created
Gen Smyh remarked chat all the peonIs of
tue State mad an interest in the question; and that
II was the duty 81 The House 10 Judge of the ousIi
hcaions OF lis members. This arose from ,Lo
necessity of the case. Suppose the peouIe nf
Richmond were to send Judge Marshall he c.
vernon, or any Member OF the Council 10 fbe Ie
gisldlufe, ond from their popularity no oue ,Lo,nL
proper to petition the House on the subject vyss
ne 10 be received a. member, in the face of the
law asd The constitution? And could moi The
Ilouse take up The subject! The question had been
already decided. Many years ago, Henry Hanks
was returned from Kanawha in ,sbicb comet,
he did not reside ~ that time he took lido o,o,,,
OF the member from CabelI; but 'be House dSciIcd
o'heiWlse, q vi. Banks was Ien,oved from b,s ses,
lie recollected. that ia Congress /, ,vss sna
se'ed, mar some OF the members held Offices noJsr'
NC government, and the seals Of I3 were onss- Fl
'oheu upon th't s'ggefiion; and although none
"e'e 'c"loFeu' u was nice question with some
)i them. In all deliberative bodies. the n,,.,se"
ions OF The members according 10 the chic"
Ter which such bodies exist, yvere &, nL;s.s
investigation. VI
MIR. 1yleT, who was rnember of the Co,n.,i,-
ee remarked, that he was H. favor Of n fnIi -;