Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-02-08

the House OF Delegates shsH tVnsist oi Two
members Ia be chosen from each county and
from the district of West Augusta annually.
Can gentlemen sbew where the powerto create
new counties cut Of that district IL granted in
the Constitution An argument equally fngen.
lous and plausible might be formed against the
constitutiousiity Of those laws which have given
70 West Augusta thirty instead OF two mem Der
assigned her IA the Constituto n.-lhe gentle
man from Norfolk has sppe ed TO these very
gentlemen, however. to support ns construc.
liun, under which along he says, their constl
tuents now enjoy their rights, now cal. upon
them, SAID Mr. c. "a support construction b.
which not only those rights are secured, but
with oct which they may be declared incapable
OF boidH- their seats, AID be delivered over to
the care Ot the Sergeant At Arms, 70 be cOnduc
ted wIthou. our walls. But VIII u ne SAIL this
power results from convenience and the natute
Of things Admitted, and on The same basis
stands the exercise ofegery power, not prOhi0
tied by the Constitution. Wan be said this
enlarges, the other contracts the rights OF the
peopie7 Il certainly enlarge, tue righs OF ihe
people of West Augusta, but By diminishing he
value ct those rights TO others, insonucb as II
| finishes Their relative influence. The truth
S, such construction of The Constitution would
| tramnei US Al every step, strip Us Ut almost e.
very power, dIsork anZe the whole frame OF otir
GOVERN ent, and revolutionize the whole sys
TEN winch has prevailed from the formation OF
the Constitution 20 the presen, day
But IS there any thing in the peculiar cha
rscter of the statute which renders II uncon
stiluuona2 The gentleman tom Norfolk viii
| answer me in the affirmative, end object TO the
oath, winch. tor odium sake, is denCminated
test oath There 80 nothing in the Constitution
authorizing he oath Of iidehly; the abiuratloD
ali AMI.
81 fidelity in Office, and are these too viewed
AS test osths and unconsttutionsl punishments'
fhe gentleman from Norfolk tells yoa No -
These oaths re right because they relate to CT
wi dsq,iaiiti ions only, and are 10 PUNISH
ment. he other reates to a criminal act the
ground Of disqualification, and therefore
punishment and unconotitut onaL SIR, said
Hr. c this is distinction cannot comprehe nd
Fiat which operates only by exclusion from
hice is no PUNISH nent, and this wh,ch operates
"a no other way than by exclusion from office
a punishment, The oath meets a man at the
ser, threshold, as he seeks tor Office II is ter
dered MN, III cannot take it. and cannot enter
IN because be Cannot take this amongst the o.
her oaths winch are prerequisite. No CUES
IONS are asked, on prosecution, on Inference
II guilt founded on his refusal. The sole ques-
ZION, It would appear 10 me IS, have the legis.
means OF efleo,uating 1t follow ut course, pro.
vided they oe such as are not prohibited IN the
Constitution, and no where is the pURer DEM
ed us either OF ascertalning the qualifications
OF our members, or securing the h tltpl per
Torrance Ut their dutles. under the sanction
If an OATH.
But IT is punishment, for no; rurging one
self OF crime OF winch no evidence exists |
And pre- sely fer ,his reason, because frequent
iy no evidence exists except in the minds of
men themselves, $ tie oa,h nece, airy. There
are m4ny places of emoumept under the s
80, eruyusnt, which require no commission, no
public appointment, nor anf public exhi5 ltion
of character, for instance ma Contractors. l.,
is true that under the present mode OF con
ductng busncs, at Washington, we eau always
OBTAIN information Of then emp, yment sun
pose however, IN order to obtan an influence
in the states. iA,~ mode OF DONG business should
be changed. and no meaas of asceT,siDlng the
tact existed, but b, appeas to the cunsre.,,.
Of the individual would any one doubt the
right OF the Legislature to support theit lsv. I
and their policy by Appealing to the Conscience
Of their members. The cases Appeared 20 MN |
exactly parallel But, sIr, Il - 40 cri1nnsI pro.
secuuon. no punishment 1t It were, The rule
of common law - Jch sill exc m his stase q
rt-raabis bt,l,ser Pre- Cote~ deGct0, or in pjein
English, no nan can be tw &c punished for the
same offence. 1t thls then were n punishment
or criminal prosecution, let any gentleman
who has been excluded from office in conse-
Quence OF not taking the oath BY jhe validity Of
The plea by Offering It IN bar to regular pro-
secu ion under the statute, and let as see what
our Judges vii make OF such plea. If there
De any punishment Il Klust CONSIST IN the dis
qualification; ifso, every other disqualification
must also be punishment, and We are, Ger
thinly what the gentleman from Norfolk init.
mates, the must tyrannous government on
earth; for from our very foundation We have
! been inhctng still more serious punishment
Iupon even a majority OF our citizens, By dis
qnailting them for vo'ng, W thOut any pre-.
tence of fault on their parts, and vour excitl.
SION of deputy .heriiis and other officers from
seats IN lh,s House, is rot only pun siment
without any crime, but stlI more preposIesoas
| a punishment, for assisting YOU an the exscu.
luon Of your laws. Bat, SIT, i. IS no punish
nient and cannot, ", h propneil, be so view
ed. II IS a remedy for a cry np wi when, not
lunfrequ, ntiy, covered our land wl1h mourninS
destroyed the Uves of our citizens, the happI.
ness OF families, aud injured the manners and
morals of our youths; an evil shlch all onud
i'm reprobating, and which nothing bad been a.
bic to cheek before the eHecuvr provisions OF
this law. disqualification a punishment,
ihen is your Law excluding United States eff
lcers. punishment on tn m tor accepting Off
Ices under that government, and IS uncoushtu
lilonal, tor il YOU can inlet cIe punishment
for the offence, you may increase its severity,
IuntA, at length, you eRureIy prevent the ac-
Iuon of thai government within your territory,
which surely you have no right to do. Sir, said