The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-02-05
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tsp resolution rep7ite ~ nv S''f't'''S' oil
G5urI, al Jusffec. declaring 'tttt mn 5" 40
snend tie present laws as 10 require Justices OF
tie peace 10 issha "df ldia '.'"t""'4e hs'eie
,6e,n pr same of5sf Justice, WIS taken mp. Mr.
4 moved to ts.c@e tae opinion oi'ae Commit
zee. Mr.. Gordon supported tte motion, and II
"a. agreed 10, aud 4 bi accordingly Mi br bro I
IA
Mr. Everett called mp the resolution concern
~ II Billups. IitadFocaiea Tie eotion 10 DIS
charge tie committee IRON Tie iufiaef consldcrd-
,I5u ofthe subject. lie sam iif ne" oi nothing
m the laws or constitution "Hitl cave to the IL
.islature the poweroi Investigating the right %
Air. Billups to his seat on tins moor lie had
bsen duly elected ana returned oy ire ireenoid-
ars of Matthews; and 40 petition existed com
mining of the Membe' h'ialng MS seat, II
ne investigation Is matte, II ought To be IN due
lorm and after proper nouce to the parties, and
fvrs too late IN the session 70 send '' Matthews
fpr evidence 10 prove that hr, b. Ms Minister
ofthe Gospel
Mr.. Craig opposed the motion, twas impor-
tant he said, that the enquiry should be made
whether or not Mi. b. was Minister OF tae
Gospel. IL was WISE law enacted by Our
foYcf.dher' that church aud state should be Kept
separate and one winch ought not to he cYadsd.
llthe right OF any member to his seat was doubt
I'd. enquiry INTO The facts ought to be made.
The Constitution requires 1t, and the Committee
orehtnoi to be discharged ifom The investigation.
1--WE passed over tins case, the Constitution
would be disregarded.
Mi Davis advocated the motion. The mere
suggestion that Member OF the House was m
.lielge. was n6t sufficient cause OF investigation
INTO the fact lie SAID he believed MIR. Biliups
was i Minister OF the dospel, but the Conslith-
tiou gave the right the people to determine
the fact The House had not the power to act on
the case Inc Constitution unlike thai OF the
[ States, only gave to the Legislature, the power
Of making their own rules OF proceeding aud
This power could not give the right OF enqmilng
into the ineigibllliy Ola Member electedb by the
people aud regularly returned. this power
were exercised, II would lead TO endless enquiries.
The House, he conceived, had no right Judge
of Constitution or the law IN couraventloh
of the viii of the people. The people were the
hes guardians OF their rights, and he thought 1t
impol , n the House TO int FIRE with them
NJ Ghoson SAID the subject was one ofgrcat
impo tancc--hc thought II surprising that the
Committee should ask 10 be discharged from the
futherc nsideratgn Of the subject after having
zone % ian into the examination oft Some
Thing more-than suggestion lad been made that
All b. was a Minister OF the Gosprl-a person
had been sent from the comfy To testify 10 the
fact, of the case. fan Individual suggests tine
ineligbility ofa Member the House was bound
To listen 10 the application. To refuse would be
toyioIatc the fundamcntalIaws ofthe land.
Mr.. Smyth OF with SAID the House had the
power to investigate the right Of a Member to
retain his seat. He advocated the propriety Of
MAKING he investigation, in tbo ease of Mr.. BIZ
lags. lie cited the case of Henry Banks, who
,,,5,.,,,.,.d !, ,la.,In., t,t,, ,,,.a,.s a,Io and
ousted by the House as ineligible. lie was then
q IN n
the House acted enormously, but on deliberduon
had changed his opinion.
Mr., Tyler sad II was due TO Nh blllups and to
tha house That enquiry should n matte as TO lts
eligibility to seat ON ms floor. llercpehed
Inc idea OF MI DAVIS th7tthe House mad no fi9lt
TO make an investigation a' 10 the ellglelh'N OF a
member, after an election by the people All VI
ola.oas OF the constitution and the laws ought to
ne enqnred mtoi unless this IS done, We say to
'he people they are the proper eXpoundefs Oh
a.f ,o'>t'','oh. ne '%.ee'''u '''' ,'I 'oi.
.,'''''li '''.' '5e l,G 50 '','
% po"'i % ue.N ,,'',';'is t91 '' - 55
enc. i,. a.. t,a,,,is ., ~. -,
60 '"'o .'N '""uS Va Wv pIoi"o " I'm i"
naJ, ~, t, ,t ,I,,, ~.
Iadfbe r;abt to ';o,',s,,,rate ,he amh5.,v ot. ;,
moo5ar. ,,,Iess fins re donq Jndar.a and Min.
i.trr,oftbs to.no1 ,njob, B., returned a. Nom.
and .ta-4tI IN llt Ifst al
s1Htian aa,, tb, lar A. NJ no aid had
exDra..cJ HI. boIoftbat Mr. Palms va. = mem
her of tbe 1sosoai and vas ,,t ,,,,, Ilino IA ov-
,,.,.'...,tc = ~ >, ,' -, ,.,
tested the elcc,,on Ifs"c5 a course were aeor-
esredi in nalna6Ia viola. ions of the constitution
81. - '''''''' e'' - ''.''''N
N.
Hi. DAVIS replied briefly TO Mr.. yler ana MI
On, 2ny,a. lie said ne venerated as much as aoy
ma" o' constitution ana was equ5ay oppose"
2.'1 VIOLATION OF H. but IN a case IKE inc pre-
5,..., d, thought the people had the power ana
;,, ,' l' exercise the i'shl OF eNPoQnol'S 'I''
N 'nc 'a,e OF h,''hS 'sle, 'e" 10 ny
IN Aom "y'he ne 'aa inc honSe
n,..'5 nave acted enormously; and the aentc-
a'o .'l'Ht" might then have been riga' lie
P,'.fo ms oehei thdt the proposed enquiry
Gas ,'"''diS 10 me laws OF the ldha' da" was
''o'' oPPosedto IT,
DIR Watkins of Prince Edward made few
amai!.'in reply 10 IT. Davis. lie commended
'at tae house had the power OF judging ofthe
9NdlbHalI0D, Of its oy,t, i,emhr,-s and had pxrr