Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-27


AZ that he mus, have abandoned ell care of the in
terssts of this State and sold himself TO the admin
i.iration OF the general government, there would
be nothing to control this power of the House, in
imposing this punishment upon him. The mem
bers Of the convention. however, showed not such
a jealousy of the Assembly, as to restrain this
power, and why should we strongly conclude
| that they meant to display it in another part of
tee constitution. that we will derive il by impl-
cation, and not very obvious Interpretation of
words, contrary 10 :he whole practice of our 60
| vernment from its foundation? Is the House pre-
pared to part with this power, 80 that her members
may be guilty of the mos, bare faced corruption,
the palpable violation Of her rules, the gross
est insults upon her dignity, and yet not be able
expel the pest from her bosom! And ye, such is
the inevitable effect Of the construction commended
Tor by the gentleman from Norfolk. come then.
said Mr.. CT the conclusion that the Con-
venton could have had no such intention the
construction contended for would impute to them,
because If so, they could easily have effected their
design, which certainly they have not done,
unless by the operation Of those general words,
which all must admit are at least doubtful, and
depending upon very elaborate constIu cton; be
cause those men acted not blindy nor ignoranily
upon the subject in which they were engaged, and
therefore must have known, that without W ortls
restraining them, the legislature about be crea-
ted would u, questionably possess the power; and
because there are no such restraining ords in the
Constitution.
Surely in this, as in other cases, a uniform ami
frequently EXPIRE sell construction Of the consiitu
ton, from the foundation of the government to
this day, and before disturbed, should have
much weight in fixing its true meaning. The con-
s,ituiion declares for instance, that the governor
shall with adrice OF council exercise the
tive powers of government Were this orisi-
nal construction, probably few woul deny, tina,
aliho' the governor could not exercise executive
power without the consent OF the council, yet if
he did not choose to act at all, or exercise
any executive power in particular case,
then there would he no necessity for asking
the advice of his council. And ye. oonstruc-
tion which converts advice into command, ard
makes The Governor act by advice of Council,
whether he is disposed 10 act or not, has been
sanctioned from the foundation of the Government;
and Governor who would now contend for the.
other, would incur the mputation of madness. So,
also, the Governor s. Council empowered, in
in case Of the death. ncapacity, resignation of
Judges, SC. to appoint persons tn succeed IN of
flee. to be approved or displaced by both Houses.
Here it wo Id seem TO be the natural construction,
that the Governor s. Council should appoint, and
the Assembly, by a vote, either approve or dis
approve such appointment; ii they approved, then
there would be no vacancy, and an election would
only take place where they di-approved, and thus
caused a vacancy; but the universal practice has
been, in all cases, 10 proceed Immediately to elect,
by joint ballot, If il had been original vacancy,
altho' there is an aciual incumbent in office, by
executive appointment, not di-approvei of by
either House. Other instances might be a,!duced,
in which custom and long practice has led the
Constitution in other respects, and why shall we
deny lis authority in the case before ms?
Let US see, then, whether in the before ia,
also, this uniform practice has prevailed. BY the
Constitution, freehold and residence the only
qualifications. Now, freehold refers, not TO the
quantity, but the quality of estate, and man is
as much freebooter, in The legal Specification OF
the word, assessing one foot, by freehold ten
ure, as if he possessed 1000 acres Nor was there,
either before or after the revolution, until '85, any
law prescribing the quantity of land the elected
should possess. (a) Yet, gentlemen can produce o
single instance in which II has been decided by ills
House, from the foundation Of the government, to
this day, that less quantity OF land, less inn
provement upon o town LOT, was required for the
elected, than would have entitled him TO the light
of suffrage Here, then, is disqualification, in d
dition those of The Consiiiution excluding large
masses of the community, thousand times more
numerous than the violators of this law will ever
be, commencing too, from the very foundation OF
the government. The act of l77S, excluding in
spectors of tobacco, the act of 'S3, excluding
Members of Congress, and the act reported in 10 ,
by Messrs Jefferson, Pendleton, Wytbe s. Mason,
excluding, for three years, for treating at elections
have been already mentioned, and c-rlainly they
most strongly indicate the coiemporaneous cou>
ruciion placed cons tuition. In 1888. only
years after the adoption of the Constitution, when
has been before observ the history of country
informs us, that many OF those patriots who
formed the Constitution, were still Members OF
the Assembly, passed declaring, that n o
deputy sheriff shall be eligible 10 Ell her House
g until he has been = years out Of Office and has
made his collections Of the public taxes, and paid
into the Treasury all arreages, and has obtained his
quietus for the same" (b) Here then is disqual
itcation contained in the constitution, and EN-
bracng another large mass OF citizens; in May 'Sj
sherfs and their deputies interfering at elections,
10 show partislity 10 any individual, are de-
pryed of the privilege OF vo ing for three years;
in the year, passed the revised bill before all
luded to- Furnishing The offence Of treating at cleo
tons by ineligibilty for three years; in 'sS i, was
declared, that members of congress of the u. g.
and all persons holjing any legislative Judicial,
executive or other lucrative Office under the au-
tboiIty of Tie u. s. shall be ineligible: and in 30
il was enacted 6" That no person holding ac-
ceptng any oficC'o place, or any compensation
or appointment whatsoever, civil or military, under
the authority of the u. S. whether any Pay or e.
molument be attached to such Office, place com
mission appointment or Otherwise, or accepting
or receiving any einolument whatever from the II .
s. shall be capable of being elected to. or Of hold
ing any Office, Legislative executive or judicial under
this commonwealth" and further, b" that any per
son nominated to any Office place appointment
under the general government, who shall not sig
Nifty his intention to decline the acceptance previ
TO acting under any appointment under this
commonwealth, shall be equally ii bile 10 the ex-
illusions of this act, if lie had actually accepted
same (c.) II will be perceived at once, that this
act is much more comprehensive than the former,
and embraces numbers in the employment of the
federal government, not disqualified by the first,
and consequently, that up TO that time from the
datia of t1a