Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-02-08
Whole No. 1868.

genetsl view OF the consti;ution.---
VIII gentlemen point out to us where
even icgislstive power is granted to the
Assembly? Shalt NC be told. that IL Is
an INGREDIENT 10 government, and arises
from The very naiure Of the things Then
tits pre- existing right. not granted.
but regulated in its mode of exercise by
the constitution, aud only so far regula-
ted az expressed, Shall we be referred
to that clause, which says, the Houses
of Assembly shall together be "a COM
plete legisIaturel" This, 40 doubt.
was intended to free them from the me-
eessary concurrence of the executive.
To which they had always heretofore
been accustomed; but il ii we're, as il
might have been, intended to convey
Legislative power, il becomes necessary
to consider what ideas the convention
were likely 10 attach to those words
II is we'll known to this House, that in
England from whence are derived most
OF our principles of government,) the
universally acknowledged doctrine is,
that the legislative power il supreme.
What ideas, then, must the trainers of
the constitution have had OF complete
'egislatuFes Certainly legislature UNI
controlled IN its powers; aud had
,hare been no oihar clause in the consti-
tuition, the legislature could have done
any thing, in what manner they pleased.
within the scope OF legislative power.
But as other clauses of the Constitution
restrain them, both in the use aud modo
of exercising their powers, SO far and
no farther are they restrained. Now.
where Is the clause which either express
ly or implicitly prohibits the legislature
from requiring other qualifications of
It's members, than those required in the
la the Fedeta Constitution, each
House was expressly declared TO be
judges Of the qualiGea atoms Of its own
members, because, without grant
they would not have enjoy ed the tight.
No such power is granted TO us; aud
yet we exercise the right, and have
from the foundation of tue government.
of expelling those who have been guilty
OF any tiIng Infamous, or which rene
ders the individual unworthy to associ~
ate with the other members. How do we
derive this righti From the fact OF its
not being prohibited in the constitution.
and this power in the House has never
been questioned. Now, here 10 disqual~
ihcatlon not imposed by the constitutiop,
but attaching in consequence Of the ILL
conduct of the person elected. VIII it
be pretended that the question 10 varied
by lie applying to an individual, and
not to classes OF indvidualss ihe ques-
ton is as to thu strict right of the House
to snperinduce other qualifications to-
those required by the constitution. ii the
right exists, surely il may be exercised
upon another and another, until it shall
become fixed rule, and embrace whole
classes, in a manner too, the more OBJ
jsctionable, as il il settled by no fixed,
pre- existing law, of which the individual
10 aware. Under this power ell those
eylis which the gentleman from Norfolk
80 much breads, may as well arise as
under any part of the constitution.--
Whenever men shall consider seduction.
gaming, drinking, or even slave holding.
10 which be 50 particularly alludes, SO
infamous, as to reader the guilty person
an unfit associate for honest men, the
power OF the House, excluding him
from his seat, reuenches as eHectualiy
the power Of .ha people to elect, as lift
ware done by general law. And even
with regard 10 political opinions, should
the day arrive when it shall be thought
such mark of corporation, that man
should support the tariff, as that he
must have abandoned oil care Of the in
teresis ofthis State, and sold himself to
the administration of The general go--
vernment, there would be nothing Ia
control this power OF the House. in i'm.
posing this punishment upon him. ihs
members OF the convention, however.
showed not such Jealousy Of the AS
ssmbly, as TO restrain this power, and
why should we go strongly conclude,
that they meant to display il in anothsr
part OF the constitution, as that we will
derive it BY implication, and a not very
obvious Interpretation of words, contra
ry to the whole practice of our govern
meat from its foundation IL the House
prepared to part with this powers so that
her members may be guilty of the most
bare faced corruption, the most palpa.
BILE violation Of her rules, the grossest
insults upon her dignity. and yet not be