Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-27


hem to instability by submitting them to the dis
rretion OF the legislature II is worthy OF conside-
ration IN the first place. whether any law imposing
disqualification in reference TO the House of Bur
gesses could by general words, without specific
reference to those laws, be made applicable 10 an
entirely new body, just called into existence, viz:
the General assembly; and this 10 strengthened
by the belief, that there no disqualification
created with regard to one and afterwards enforced
with regard 10 the other, which il not found either
in the ordinance of l775, adopted in the constitu,
ton. or contained in statutes since passed by the
Assembly. From this view then, he was inclined
to think that the words " or duly qualified accord
ing to law" bad in their retrospect no operation
beyond the ordinance of convention in 1775.
But let this pass, and consider the objection on
its own merits; il is obvious that if we can give
such construction 10 the sentence, will make
the whole consistent and sensibe The force of ,is
argument is destroyed. Let see. then, wha,
was the In, ention of the convention and what tbey
had to provide for. Freehold and residence.
they wished 10 establish unchangeably as the
general basis of qualification, as of suffrage There
was then, another class of PERSONS the landholers
in West Augusta, and the citizens of the boroupjs
whom they did not wish 10 disffanchse. To have
used the conjunciiye and duly qualified, Sc. would.
not have embraced their Case, the word " or" was
therefore selected but had il been their intention
to conine the operation ofihese words exclusively
to existing cases, would they not, as in fixing
the right of suffrage have used such ortls az pre
sent, existing laws, TO indicate that intention
Could any thing have been more obvious. and sun
posing such TO have been their Intention can thex
be relieved from the charge, OF al least great mac
curacy in not doing so! But add 10 this that tbev
had been accustomed to their power exis,n,,
in the English parliament, and more par,icularlv in
the House OF Burgesses, of enactine tIjsoualifica
tions as the circumstances or The policy of the
community required them; that they had aiways
seen this power used discreety and for the public
hens arHfh eref a, a
and we see at once why the convention used a
torn OF expression, which, whilst it secured bv
enumerating them, the general qualifications of
freehold and residence, sufficiently protected exist,
ing rights, and precluded the legislature from
the exercise OF power, to which the trainers of
The constitution had always been accustomed and
always seen exercised with moderation and ,yie.
dem. Surprising, then, these three objects in view
how could this convention have expressed their
intentions by other words as briefly, or how with
out much circumocution could they have expressea
them more clearly?
Ii is admit, ed by the gentleman from, Nore,,,-
that the construction commended for by him. would
adopt, and give the force of constitutional provi-
sons 10 all disquafications heretofore created bv
law, So that the legislature could neither repeal
nor alter them. We must suppose the convention
then, not only guilty of the folly Of giving entire
appreciation TO power of the legislature as ex-
ercised under the regal government, of expressing
The highest confidence in the wisdom with ybich
that power had been exercised in the government
they were about to abolish, by adopting in thu
lump all is enac'ments; whilst they were about to
manifest their want of confidence in It's future
exercise; by taking it fiom The Legislature thev
were about to create that ~ hich was 10 emanate
from and be controlled by the people, without the
interference OF the royal prerogatve, and which
we may readily suppose, the child of their own
creation, possessed all their confidence and all their
affection; but perhaps OF the still greater sbsurdity,
VI hA'ng forever on the community, disqualifca-
lions hch had arisen from the peculiar circum-
stances Of the country, however greatly chance
IN those circumstances might require their repeal.
II Is true the disqsliicaions in the on were
known, and could be judged of, whilst the future
exercise OF the power was uncertain; but does rot
the acknowledgment OF the perfect wisdom and
moderation with which it had been used. by a no.
vernmeni possessing less Of their confidence create
persuasive argument Ito use an expression OF the
gen,ieman's) that they did uot intend to DESTROY
the power itself, in the government they were
about 10 establish! But had the convention in
fenced 10 adopt all pTe-exisiing dsquslifica,ions,
and give them The permanency OF constitutional
provisions, uoquestionably its members, and the
cotempary politicians. would have so understood
~. In 1856 Inspectors of tobacco were rendered
ineligible. & in 1912 that inegiIity was extended
10 Two years after the expiration of their Office.
anu so continued the law until the adoption of the
present constitution, and according 10 the con-
stFuction now conIeaded for, became p,rt oftbat
constitution Yet years afterwards. in IT'S we see
THIS constitutional provision re- enacted by the &C.
neral Assembly,! (see S. at l.. vo. O. d SOB Ia
u not known that there were many members of the
convention, in that Assembly? Must there no,
have been many TO whom the intent meaning and
particular history OF every part Of the consti-
tuition were well known? Can we sunnose
that they would have been guilty of such fol.
", as to pass law TO enforce a consti-
tutonal enactment We hear of no act of
Assembly declaring judges, privy counseIlors, or
oners' excluded by the constitution ineligible; and
1t would have been equally unnecessary with te-
gard TO inspectors of tobacco, had the meaning of
the words, (" or duly qualified according to lew.
been such as is now commended for. Il is clear.
then, That the Assembly, two years after The adop
tlon oil The constitution, did not put thai consty,,c
ton on those words, and surely they had then
much tetter opportunity of knowing the iptentioo
oil It's trainers, than have al the end NJ half
century.
Again, at the adoption Of the constitution. ,bere
was no law declaring members of the Old Con-
gress ineligible to the Assembly. In the lie Of
IL. IL. Lee, we are told. that whilst in CONGRESS.
w iII7, he was elected in April for the COUNT
Oh WestmoreIand, left Congress in June, and
was In the Assembly in July. In 1910 too, thew
are expressly declared to he eligible; but, in 1888.
wheh some OF those patriots, who had faithfully
chung TO the vessel OF state, in every period NJ
her fortune, from the adoption ftbe Constitution
70 The acknowledgment OF her independence 90 ore
doubtless still members Of the Assemble. rben
the principles oil the constitution had been dsyeI
opeo ny seven years operation, members of Con,
gress are declared, by act OF Assembly. 10 he in
eligible How could this have hsppened unde, N.
construction now contended for? How could II
nave happened al time when the provis;ors