Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-01

Unless we Tx the qualifications OF the elected b,
reference to the qualifications Of the electors
they viii be uncertain; and nothing more worth,
OF being ascertained in a constitution than the ouai
ihcations Of the elected.
Ihe constitution requires that the elected shall bs
men, inhabitants and freehoders; and unless w,
refer to the qualifications of the electors free ne.
Sroes and muiattoes might be elected; for at tn,
tne OF adopting the constitution there was no law
for prohibiting such persons from, being elected
but they were excluded from exercising the rig hi
OF suffrage. In 1885 the General Assembly adopt
ed this construction Of the constitution by declai
the qualification of the elected the same as that OF
the elecior. This construction should not now be
questioned; Tor constitutional questions should be
susceptible Of being settled and this Interpretation
mas been acquesced in by every General Assembly
for 40 years.
Ihere Is another fact from which we may infer
The intention OF the Convention that the auali6ca-
lion OF the elected and elector should be the same
me convention which gave The right of suffrage
'ne lahdhoiders OF fiaca>ile and West Augusta dee
clare.' that the landholier should have voe or
oe capable ot being chosen, ii he claimed 100
acres uninproveJ, or % of improv cd aad.
And under this provision the members of that con-
Veh'ion were elected who formed the constitution.
contead That the Assembly have no power by
he constitution to dsqualfy any citizen who pos
sess The right Of suffrage, from being elected, for
political reasons: For If they possessed such
power, there would be security % the rights If
INC CITIZEN. ANY party any sect, any profession
any trade. might be excluded from the General As.
scmoiy. The consultation excludes councillors
Judges, all who have lucra,i, Offices and Minis
iets of the Gospel. This consider as saving to
tie Legislature, thus far you may go for political
reasons, and no further.
Various acts OF Assembly have been cited. which
enact di'qnahcaiions,- 10 prove that the y sSemby
u 20 power 10 pass them. O"e of these passed in
4. AN i,.glt. 4 4
ha' Ing been IN Office, consider unconstitutional
Tive me leave TO rem nix ,ht the doctrine now
senied that acts OF Assembly coa'rsry.,o The con.
s'tuton are v"!, seems not 10 have beea receiy ed
Tor some tine alter The constitution was formed
MY. Jtheson maintained that hat ns rumea, wa.
pissed by the ordinary leg Statue. A strange as
SEXTON; a. HE convention wlIo formed il we,e
elected under an ord nance which declared tina, the
convention was elected because il had become ne
cessary 10 adopt q mode Of consulting and ,ro-
D.dAg for The pubic safeiy. The convention
were invested with all the power OF The oeop,e
IKE the Dictator In the Roman Common w paI,h and
certainly were no; the ordinary legislature We,
the opinion probably was entertained by many T,
1857 an act was passed new modelling the cour,s
wnich The JUICES deemed unconstitutional; but the
d!d not venture TO declare it so they made re-
presentation TO the Governor, who convened ,La
Assembly, al the same instant that the convention
were debating the Constitution Of the II States
Il
heve, he unconstitutional act. As to Tho az,
passed III 1893, excluding from the Assembly and
Offices OF the state, the officers OF the II St.
perhaps the bes iustifica iou for that has been
by Tie senlemln from Charles City, that he mem
Ders and officers OF one government cannot y. ,,.,,
oers or officers OF anoiher government. O, no,
haps, the Assembly might consider them Ii.tls 70
exclusion as persons holding lucrative Offices
Du' nave the legislature power 10 exclude from
e,ther mouse Tor crimes! | answer, YES certainly
ihey may take life, any member: they may
take ioer'y r month. or for life; they msy tax.
pr"peHy, 100 or The whole es'a e; they r;sy AXE
me capacity 10 be a Witness Juror, or an Officer
as l. done IN perjury and enbIacery a. YOU ran
akei lie, a'y or every right of the citizen YOU can
lake away his RICH; TO be member OF This Uou.e.
as IS done Tor the offence of selling an Office !
am therefore OF opinion, thai athough ,ilsonaIfc,
lcns 10 serve canno be imposed DESCRIPTIONS
~ persons for political reasons, yet thew may
be imposed on individuals for crimes
But such disqualification canno, accrne nil
conviction. Can you require a man convicted n
no crime, accused Of no crime, 10 condemn himself
by refusing to take oath of innoceuce3 Won
c'hno,: FOR every man Is regarded as innocen.
ui'ti The contrary appears. Ii you do Won violate
the principles OF justice, which are of superjol oh
iSalion TO any cons tuition. You yioIa,e tb,
principles OF Magma tharta hict .l,re ,h., M
freeman shall be destroyed nor shall the Gu MOI,
wealth condrmn him, except by the lawful iud,-
Lar
You violate the Bill OF Rights, which derI,re-
thai no one can be compelled TO give evidence =
g9inst himself; that no man be deprived of In, Ii
berty, except by he law OF the land on Tie iidg-
nent OF his peers. You violate the priucjpies of
the Constitution of the United States which de-
clares that no person shall he held TO answer for
an Infamous crime, uticss on a pte-en.ineut or
indictment OF grand jury; nor shall he be com
PEELED IN any criminal TO be a witness ag,inst
himself, nor be deprived of life, liberty, or prope,
y, without due process Of Law. When the BIZ
1t Rights declares that no man be deprived of his
liberty except by the law Of tie land it means the
application o. the law TO his particular case, bv
some judicial authority.
No ma can be compelled TO give evidence A.
gsinst himself Nov, If you take .i!-nce a. proof
by refusing TO take the oath, he gives evidence a
gaInsl himself. The meaning OF the rule is you
snail put TO HIN no question the answer TO which
| might criminate himself. This rule is - ell under .
stood AMI observed in the lowest courts of the
commonwealth. You will not be permitted TO ask
any question oil witness, The answer 10 which,
may disqnsHy him from being witness, by reason
of crime or defect. You will no, be allowed to
ask him it he Is not n'ulatio. An oath as Ia
qualifications of property, residence, or age. i.
sometimes required: but before was il reqnir-
ed that should swear that he is not disqualified
10y crime. Now IL you cannot di,qIslify a witness
by asking him " neither he is guilty, can you dis
qualify member of this House by recurring hin,
TO swear that he is innocent?
Surely The application OF the law to the psriicu~
lar case is a judicial duty. You are Judges OF The
qualifications of members; but not Judges Of crime.
Yet oath being refused in this case you con-
denim presumptIve evidence OF crime; although
you ask no oae returned whether he is a freehold
er, or Fl years OF age, or whether he did or did
t,sa Iy brih I.of