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


you from establishing such test oa,is. The act q
religious freedom passed in 1855 was no security
because it was but iatD; and, like any other law
might be repealed. That act, il is true has on
principle in it which as long it is respected put,
religious freedom beyond our reach II is but tn
development OF the principle of the bill of rights
which secures TO all men the freedom OF publ,
worship. He begged every man devoted to Re
igious freedom to believe, that its security WAS ts
be found only in the supremacy of the Bill o
R'ghts and the Constitution over Legislation. Blu
those sacred instruments equally protec'ed the po-
ii'cai lights o! the people and OF their representa-
tives
lie had gone TINS far, be said, for the purpos.
OF snimaiing the House to a due consideration oil
the Importance OF the question then presented fof
their determination. He begged them 10 reflect on
me inevitable tendency OF the power of imposing
such disqualification. Il was 10 destroy the
Character OF the government and to create an Oil
garchy; Tor every disqualification, by rendering
some persons excusabe diminished the range OF
selection by the people. As the Disqualification
were multiplied, the circle o! selection become
more and more contracted; and if this tremendous
power belonged to this House, they might if they
pleased !imi, the peoples power OF selection to a
ier only, and thus convert our Tree institutions
into the worst OF all governments, Oligachy.-
The great question at issue to-day was, whether
the qualification of member depended upon le-
gisiaIve VIII and discretion, or upon constitutional
p'ovisions2 1t was contest between sdministra-
tive power and sovereign right; between the lesi--
!ature and the people: neither set here under
the constitutional right of the people to elect their
own agents, or their right to choose depended on
our pleasure; in one word, wheiher we were their
masters, or their agents? This question could only
be decided by reference to the constitution itself,
IL that body, in fact acknowledged such an insiru-
ment. In appealing to that charter he laid It down
as an axiom; that no constitutional rroyisio,
uteI api .,.ol h., 81.
legislature that change was a. much effected by
adding to II as subduciing ON i-that If the con-
stiiu'ion had fixed he qualifications of members,
the legislature could neither disqualify those who
had, nor qualify those who wanted the requisites
In all popular governments the most important
principle that can engage the attention OF lis fra
mers is the elective franchise. Tha, franchise
Is iwofold; comp; ehenng the qualifications of the
-lecor and OF the elected; and il was necessary in
such governments tia, these Qualifications should
be clearly fixe!. How this done by the con-
slitution OF Virginia? The i:.ht of suffrage the
qualification oil the eec.or was fixed By declaring
that II -" should remain as ererciSeI at present"
The trainers OF the instrument did not enumer ate
the qualifications of the voters, but adopted the
laws then in force with all their IN notifications
and 1t was no, competent for the legislature to
make any change in them, for it was TO remain
as often exercised The qualifications Of the elect.
ed or representative, was p eserved they then
existed. with the inmu,ability. The con
s'i'uiion surely intended to give direction
10 the qualifications OF members, else why srecly
residence and freehold as Necessary: II this was
intended, il was gned to be conclusive and
fixed, and no subsequent alterations could be
made by the legislature. The mere enumeration
OF residence and freehold was not sufiici.ut s. the
words, {. or duly qualified according 10 law were
added. He conended that these words were IN
serted to secure and fix what could in TO other
way, be secured and fixed, other existing Gualifi-
cations, besides freehold; and not confer any
new power on The legislature. But, grant. for
arguments sake, that these words intended n
give power 10 the legislature. What power did
they give: Only the power 10 qualify by law, not
the power to di>qralify. This was no erbal crit
icsm-for what did The words Technically impIy ,
10 qualify is to make capable, to furnish with
qualifications; 10 di+qnaliiy is To deprive those of
qualifications who ha, them to qualify is 10 con-
Ter boon; not TO take away vested right, TO
create, not to destroy; to enlarge, not to narrow
the foundations OF government. When the cons
siituion was adopted we had just issued from regal
power, AMI were trying experiment in poli
ties the frs; ever made for the happiness OF man
TO ascertain If Ike people were capable OF self
government II should be recoilected tia, the
gs..ant and able men who led Ike revolution were
prudent as well as wise. With eyes ed on The
enlargement Of human right. they deemed il r. one,
that 'ur progress should be regul ted by prudence,
and that no experiment unnecessarily hazardous
9''CH.1 NC ntys accordingly auOut ed
many respects, the state of things then existing,
and especially, in relation TO the elective franchise:
because the people were accustomed so to eyercisr
IT, And If The words duly qualified" &C. meant
20 give any power 10 the Legislature, they mean,
that the legislature should thereafter give new
& enlarged qualification, experience nigh, prove
them salutsry and adapted. to the free princinIa.
then adopted OF admitting many as could h.
trusted to participate in government. & not TO add
restrictions beyond those which existed unde, ,,s
former government. He hoped that gentlemen
who were such sticklers for strict consr,ctio,
OF the federal constitution; WHO acknov Ietpe ell o-
rejected the immense power over roads and canals
according TO the position Of coirma in the Ia,
section OF the commencement of;Federal poye :.
who, regarding that government one of limited
powers, denied all authority, unless the w,r,an,
| Tor ii in the constitution be shown, and were The
protested advocates OF State Rights - ould ap-
ply the same rules of Interpretation 10 our state
constitution. The agents Of both had orly dele
gated power. Surely they would not apply one
rule TO one government, and a different one 10 a
mother - could they say that the power to give
qualifications, was power to take them away ;
Here on MIR Loyall's motion the House adj
journed - and on the next day Gen. r. continued
his arguments.
To BE Continued
Thursdays January IS.-A communication
received from the Senate tina, they b,d passed.
with amendments, the resolutions, in~truct,ny the
Board of Public Works 10 subscribe for two fifbs
Of the stock OF the Lower Appomaltox Compsnv.
and requiring survey Of Tie North fork ofthe pa
fi-p ho