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

employment suppose. however, In order TO O,
,a'n an Influence 10 the states, this mode of doin
business should be changed, and no means of asce,
aiming tue TACT existed. but by appeal 10 III
the right OF the Legislature to support their Law
.na men policy by appealing to the conscience
OF tner members The cases appeared to hin
eN.e"y parallel But, sir, il is no criminal prose
eu'ion' no punishment. Ifit were, the rule o
common law which still exists in this state is meme
o's pun'sfer pro codem deiicto, or in plain English
no man can be twice punished for the same offence
| ~ this then were punishment or criminal pro-
secution, let any gentleman who has been ex
Siuoeo from office in consequence cf not taking
the Oath by the validity of the plea BY offerinp
In bar to a regular prosecution under the
statute and let US see what our judges will make
" sueh plea II there be any punishment il mus,
.ohs's! IN the Disqualification; if so, every other
oisquainration must also be a punishment, and we
are certainly what the gentleman from Norfolk in
Inmates, the most tyrannous government on earth;
LOT, from our very foundation, we have been in
melting Still: moie serious punishment, upon even
a majority OF our citizens, by disqualifying them
'or voting, whhou, any rre;ence OF fault on their
parts, and your exclusion Of deputy sheriff. and
other officers from seats in this House is no, only
punishment without any crime, but still more
p'ePostefous, punishment for assisting YOU in
.ne execution oil your laws. But, .ir, il is no pun
shment, and cannot, with prophecy, be so viewed
~ Is remedy tor crying evil which, not unfre,
qeen'iy, covered our land with mourning, destroy
eo Inc nves oil our citizens, the happiness of faln-
lies, and Injured the manners and morals of oar
youths; an evil which all joined in reprobating.
ana winch nothing had been able TO check before
me ehecuve provisions of this law. II disquaf
ca Ion Is punishment, then is your law excluding
Tailed S'ates officers, punishment on them for
accepting Offices under that government, and il
unconstitutional: for if you can infiict one punish
n "a ms
untii' at length, you entirely prevent the action OF
'hat GOV er.ment within your territory, which
surely you have no right to DO. Sii, said Mr. C.
have now done with the constitutional question.
had prcposei saying few words as 10 the rolicy
anu effects OF this Law, but il must be obvous IN
you, that have spoken thus long, " ith great pain
to- myself, and fear, with lii lie pleasure to hose
who have heard me-. i shall, therefore, conelud.
with Only rendering through you, my thank. TO th.
House for their indulgence to me.
(d) gentleman from Charles CITY, in a subsr
i"en' Pnt OIL TINS discussion, ad,luced the law OF
i162. which requires The same qualifica ions nj
the elected and elec.or; but this never was law
Onder the colonial system in striciness, no act Of
the Legislature was valid until il received he ROYAL
assent. la ordinary cases; however, the LeSisla
ture passed the act, and the people wen, an n
practice under il as law, until The royal proclaua
ton abrogated il; but in other cases there yy,s
received The royal assent, and such clause II be
found the last in this particular act Now never
did receive the royal assent, is most obvious for
II requires triannual meetings Of the House OF Br
Sessss, which we know nev,r was The Law. M
was II ever considered as law, nor actedut n.
such; for II reduces the freehold from one bund,.,
acres OF unimpfsved land TO fifty. The or,,;n,n.a
OF the Convention of 20, under which the CO.
vention which formed the Constitution was elected
intended TO extend the same rights 10 the Id
holders OF West Augusta, az were enjoyeJ bv Oh.
heehoiders oil the counties; hut it requires 100
acres oil unimproved land, as the gu alificaon for
vottr. The laws OF l776 establishing siy no.,
counties, certainly intended to place them ON ,h.
same footing with ether countless yet thew re,n;,.
100 acres OF unimproved land TO qualify a vn,sr
AMI this continued 10 be the until IS when ;,
was reduced 10 its present quantity Of so acre.
Now il is evident, If the act OF 90 had been CO..,
sidered as law a, the adoption o: the Consru
tom one hundred acres OF uHimproved land could
never have been required az The Qualification .,
voters, and as it was the frs, ac which reou;,sd
any thing more than freehold, as The u,IaJif;c,,;o
oil the elected, without indicating ills uuarti,v !,
Is certain that Notwithstanding this act, il stii 70.
maind unde fiied Again: have carefully examined
the rev son OF 1863, years after the nassau
of this act, AMI surely had IL been law. il ,yo,,,
there have been iouad, but there are no traces nj
the law there The ACT Of l7G9, is mere ,ran,-
cript OF the act Of l762 emitting The ,rja,nu,,
assemblies, and this act, II is ,nslter of tradition
and history, never did receive the ROYAL sanc,i,,
so that AT the adoption OF the Constitution. there
was no law Whatever requiring any thing more
than JTeehofd as the qlaiihcati of the elected.
The same &C OF 62 and 80, exclude under sheriff
for two years after they out of Office, anil The
only law, think, by which they were excluded
before the adoption OF the Constitution, and as 7
have shewn that these acts never were laws The
argument which goes 20 show that the act of 'S3
was only re enactment of pre-exisiing dsoua.
lif1ca'ions falls 10 the ground - But even sun
posing II had been Law, those who will compa.e
this simple exclusion, for two years after The expi
ration OF their Office, with Ike more ex ended mo-
visions OF the act of 1888, Will see that The Dis
qualifications wee vastly multiplied BY it,
~ See preceding note
(c) The gentleman from Charles CITY. anil aI.o
gentleman IRON Wyihe. adopting the same ar
gumeni, endeavoured to remove the force of ,Ii.
precedent, by saying it was only an exclusion Of he
officers OF foreign government; but besides that
me FEDERAL government operates upon The same
citizens with our own, should like TO know bo,v
the idea OF its being foreign government, can be
reeonciied with The oahs those gentlemen in
common with all of W, have taken previous IN
taking our seals here; first renounciBg all allepi-
snce 10 foreign prince, state or po,eptate and
Immediately afterwards, to support the cons,itu.
lion OF the U. s. In some of The states. federal
Office is no disqualification.
Thursday, Jan. 20 communication was
received from The Senate, that they had passed the
bills, " Divorcing mary Gay from her bu sband
ChsrIes Gay with amendDsnts-and that they
had rejected the bills " Divorcing benjamin. Sc
well from bis wife Mary And &" To amend the
act entitled an act divorcing Amelia NJ. AIexan
der from her husband John Alexander"-'The
amendments to the first bill were agreed to by the
House.