Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-20


iiieincn here sell tLis eoniagen, in.eres, of hi.
children; Their capacity have the most dignif ed
offices TO which their talents, their virtues and
), the wisdom OF their county nigh, elevate them;
a capacity possessed by every other youth i, the
nation Tell him the price which would be de
manded Tor such sacrifice, and he would tell the
House, he'sad. in pounds, shings and pence
what was the amount OF the punishment inflicted
by the law.
The E,ouse, he said, would readily perceive the
situation in which he was Placed. He was obliye,
o answer the arguments of gentlemen in antici-
patton. WE may be told. that oalhs OF qualifca-
'ion had been required in other cases, and not ob,
Jected to- This be granted hal been done, and
iiehttul!y too. He did not deny the righ, in the
legislature to disquaify where the constitution had
not fixed the quafi alton. Nor their power to
impose an oath of disqualification in every case not
lorbidden by the constitution. Bat while he al
| mfaed the general power. he sud, tina, like all
other powers, 1t was subject TO exceptions and
| Limitations. The rule ami the exception ere to
| be found in the distinction between civil and
| criminal Disqualification
When the qualification consists in something
which the law 0oes not presume every one TO
| have, which it is not criminal TO want, and which
he may or may not possess, withou, being obnox
| 'ous to punishment, you may appeal to his oath
TO ascertain the existence or non existence of the
qualihcation. No principle OF the constitution
| forbid. it You may, therefore, ascertain by BIZ
oath 1t he have the required Freehold or requisite
age, II he be resident, SC. &c. for the absence
OF these implies no crime, pre-supposes viola
ton OF duty, subjects to no prosecution. But " hen
the qualification is of something, which the law
prs-uines every one to have, the disqualified
ton Is the consequence of guilt, and attached by
law To crime committed, you cannot require the
rarty TO answer on oath to that matter. The Bill
OF Rights protects him. You cannot appeal to
himself to obtain the proof of his DISQUALIFICATION
| This. he said. az no, pri,c In
according to all the analoses OF the law; founde on
principles oil natural right; respected even when
not eajoned By constitutional precept A wit
ness may be disquaf I'd by civil or by criminal in
capacities. As TO the first, you may establish
them by his oath on the vor dire Blu, the
moment you inerrogsts him to the criminal
disqualification, you are arrested by the court
Your Courts OF Equity too, have searching, inqui-
sitoria! powers, and may seek discovery in the in
nermost releases of the heart.
But, II the enquiry sought the disclosure of an
offence, or even to unvel fact under hch forfeiture
would attach, demurrer would stop the discovery
Lead US not into temptation" Let no prosBec,
OF doing good tempt US to enter into system, so
| ruinous and destructive In lis consequences The
test oath, he coniended, would make more rer-
jured men than ii would ever preveat from send
| ing challenges.
| This principle has never been viola'el in any
instance, save in The oath prescribed by the dueng
law Look into yonr oaths of Office, and they
are numerou-) and from your hishes, magistrate
10 the most petty agents, you cannot fad one in
which pef-on has been required on qualifying to
oihce to swear a. TO qualifications or disqualified
,'ons' implying guilt. Ifany one exception exists
| beg j, may be specified. But, il is said !,
that though the law be uncon .ti,uonal, it is on
| your statute b )uk, and should be obeyed till re
peaied What are you 10 repeal, understand
how ia,o may he repealed; but can you repeal
that which wasnever law! terminate the life of
hat. lab
And If you could repeal il, would you place u-ur-
patton on the DING OF lawful u-hori,y? By
repeating you admit the lawfrIness of The oath, and
concede lis validity to the time Of the repeal
by repeating you participate in the u>urpstion
The utmost you should do, if you thnk it uncon-
s'iutonal, is by dcclira'ory law TO repudia;e and
expel II from your code. The distinction bet cen
unconstitutional and bad laws, is OF the utmost,
moment; one isusurration, the other misrrle The
former, however beneficial, is ipso facto void con
fers no rights aft r,s protection, claims no res.
| pect, demands no submission. Tie latter howe.
yer inJnrions in government OF law, is entitled
TO implicit obcd ence, ill annued by the con-titu
tional authority confornd this distinction and
usurpation need only The vesiments of law
ful auibori y, and il becomes lawful He who steak
the sceptre or the does no, thereby become
! Righinl King. For Ills the ihority of law on Is
that coIeTs title.
Mr.. Coiston here rem,rked that he had aid
nothing about repeating the law - for an uncon-
sltutioDal law was repealed by the contribution
He had said we had long acted under the law, and
il was entitled 10 respect.
| Gen. Taylor, in continuation, asked if an un-
| constitutional law entled 10 any respect? He
concluded his first point, therefore, by siat>
ing that as the test oath unconstitutional il,
| could not lawfully be required of Mr.. D. even If
the Legislature had right 10 impose the di.qua-
fica'ion it was intended TO enforce. Blu, the
disqualification OF MIR. Dou hat operated on hi
| constituents it robbed them OF their chosen rep
resentative on that floor Had the legislature the
| power to impose such Disqualification and thus
deprive the people OF their delegate because he had
! sent challenge! This question was much more
: important than that about the test oath; and he
aprrehended, ,ha, gentlemen did no; appreciate it
as they ought. He entreled the House 10 animal g
their public zeal by 10 king into the free princi-
piles upon which our happy institutions were based
and The effect this asserted power would have upon
them. II the Legislature had power to impose the
| quail tcaiiDn, for one misdemeanor, they had for
another and a f0rfioyi. for any felony. If it was
intended and expected TO erminate dueling by
the application OF the ties, OATH were they NOT
bound as moral and virtuous men by imperiou-
duty, 10 apply 1t to other vices more atTociou
more ruinous TO our peace and happiness as CHI
zens and moral agents? But the poser Of ore
legislature was equal TO that of another. TIE
same power that is welded by morality and
religion for the public good, may hereafter be
wieied 10y enthusiasm, by faction by party and
if welded by such hsnds, did not every one see
The destructive consequences that must follow
Let not gentlemen deceive themselves by saying
that this power will never be thus welded let
Them 90 AXE not this idtering JUNCTION TO ihe;r
SOULS The records Of history spoke an instruc
tive lesson on this subject. Our cwn records were
not without illustrations of the falacy Of such
homes. They furnished US with instances of tn.