Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-01

u
form his decision, AZ Office, then, he commended,
taken in its unres,rained meaning, was duty
be performed ID public or private affairs; thing
10 be iore bv an indvidua! from the obli cations
OF the Ia s oi God mau. In ,his sense il Is
taken by of the finest orators OF antiquity; and
forms The ,hene If his most beautiful treatise on
II philosophy en,iled, De OHiciis.' This was ike
original and most proper meaning OF the TERN;
and in this sense 1t should be understood a. used,
unless particular considerations should re-tict IT,
| Let us look now TO see, wheths the gentleman
can derive restriction from the vSious laws im-
| posing oaths on members Of the General Assem-
bly,. In the ordnance now commented on. we ind
this language, speaking of others before and alter
mentioning members Of the General Assembly,
and including them and The other class of persons
specified, it is said, They shall take the oaihs
hereinafter prescribed before they shall enter into
| the execution of their respective offices.'-
In the year 1919 in The law GO Hen. S.. at L..
p 22) concerning the oath of fidelity and osths of
public officers. we find these words % n person
shall have power to act in any Office, legislative,
! executive, or Judiciary. before he shall have given.
such assurance, and moreover, have taken such of
the following oaths &c' In the revision of 10
20 vol. II e.. p. ~, see the same provis-
ION re enacted in the words. From the
manner in which IL used here, it be obv iou-
that the term Office" was designed be taken
| In IFS general Specification; and comprehendine
government; members of Assembly certainly are
CONSIDERED as acting in legislative Office. The
1th section OF this law keeps up this meaning; its
! phTaseolosy is this" the said oaths to be taken
by membeTi officer of either House OF General
Assembly shall be administered, Sc Here the
words member and officer seem TO lie convert-
oie; and viewed in conneyion with the language
OF al! the laws upon the subject, it appears most
I obvious, that member of Assembly is 10 be TN
! der-tood as a legislative officer. The 81 section
oil the law 10 suppress duelline vide r. G.. VOL 1
p 533, requires that the oath under consideration
sh'! be taken BY ever person who shall be ap
pointed 10 any o6fce place, il or mili,ar-,
under this ConmoGw II, using he ~ :, COM
prthensive expressions in Designating lie persons
TO whom the oath shall be rendered: And if the
word g office" will not embrace legislator
Certainly the word " place. will comprehend hi.
condition As if aware that Judge Blsckstone's
dehnition of Office not applicable To our in
s'ituions; sensible tha, no oiire in this Comm IN
wealth was an incoporeal hered;ian ent. that gen
tIeman has endeavereG to sustain his srgurren b,
criticism on the word &" appoint'' a. used in the
Anti-dueiling law. Thi- wogld moi be CON
sidered entitled 10 remark, if it had no, come
from such respectable For the most
common acquaintance with the English Language
Is s'fhcient 20 know, that the term appoini''
l. 20 general that il does not and cAna-t defite
the mode IN which it is to be made To appolA,
person TO ofiire, is to fix him there by choice IN
an election over Others And whatever is the
mode in which this election is made is entirely
Inimaterial Ii yor fix his condition, YOU have
appointed him. If you fix the condition of man
a. a legislator, you appoint him the flee, and
ne Is bound expressly to take this oath What
ever may be the mode of his appointment the
sbiigaton to take this oath his initiation into
c'f'ce - not varied; for it is required alike of all
who get into Office or place under this Com
monweai'h. We appoint Governors, members OF
the PrIvy Council, Judges, Senators to the Con-
sress of tie Union How do we appoint tbeu,i
In an election By joint ballot of both Houses. The
| language of he Coustitution is this 9Th Section
Governor, or Chief Magistrate shall be chosen
annually, by joint ballot, &c. Section IL a
PHvy Council. SIC. shall be chosen by joint ballot.
&c. Section ii. The two Houses ofAssernbly shsiI
! BY joint ballot arpoin; Judges sc. Section g.
OGe of these shall be called the House OF Dele
! gates, and consist OF two representatives TO be
| chosen for each county, sc. We here see thai
| the words chosen and appointed comprehend the
same thing. In the 9Th Section the choice is 10 be
made by election IN the country; in the others TIE
choice or appointment is 10 be made by election
in The General Assembly. In fiue, all our off
GERS are chosen, elected, appointed. And if The
criticism OF the gentleman proves any thing, il
proves that the 81 Section of the Anti. dueIling
Law IS ret applicable TO any person whatever.
II there be nothing in the phrsseoIogy of our
Constitution; if nothing in the language of our
laws so limiting the term " Office" as TO sustain the
various arguments of gentlemen in support OF the
report of the Committee; let examine the great
policy OF our Constitution, and see if any moral
considerations can be derived thence, restraining
the exercise of that power which prescribed this
OATH The liberty, the property, the happiness of
man and society were the great obecs designed 10
be secured By the members of Convention. No
legislative power which would gn directly to sc-
comp!ish their purposes could have been intended
TO be restrained. In fact when they create ie-
sislature, we find no limitation TO it's powers ex-
cepi what exists in the Bill of Rights The good
OF man and society the objects of their ur.
SUIT and they framed Our Constitution TO eec uate
those purposes. Is IL 10 be presumed then that
power 10 pass law embracing and promoting this
a very purpose could be desgnedly limited by any
ambiguity in language which they might accidentally
use! Ought the objec, itself to dispeI the
| doubt which might Turk in the shade Of words
| and compel the construction which would admit
OF us accomplishment? The spirit of our Com
stitution boyers around the purity Of individual
character, and should command il in'o public SER
wee That affords the best protection 10 our
rights; and The surest advancement 10 our happi
ness. On what founded the prosperity OF
| Ancient Greece and Rome but The splendid virtues
OF their citizens, strongly attached to their insiu-
tons, and ardently seeking the glory OF their cnun-
| 'ry. Their systems of education in some in.
stances blending sirtues and vices discoursging
the -elhshness, which would seek individual ag-
gTandizemen at The expense Of public good, sought
10 discipline a habit Of mind which should pursue
the interest OF their country as the only true glory
/ Among them duels unknown. They are The
grow'h OF later times: OF Baronia PRIDE and feudsi
I policy. When every petty lord, through the weak
ness OF government, looked hiissel for protection