Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-27

other cues and po!cnSns as may HeIeai'er DC AZ
lowed particular representation by the legislature
thereby evidently implying power in the leeis
lsture fix the qualifications OF such representa-
tives. If this power be implied in the last case
why should W suppose il designed to be restrained
by general term, used in the hrs instance, which
may fairly admit OF its exercise! Under the prac-
tice IF the former government in the then colony
OF Virginia, the Legislature had exercised a power
TO regulate h qualifications of electors and elect led
at several different times. II was powe r Goa
-lered here. well as in Engisnd, TO belong TO
the Legislature. And when the tanners of the
cons tuition useI the general expression ' or duly
qualified according to law''-they had in con'em-
pia,ic,, If we suppose them locking to the things
which had been in existence, as well the re-exist-
ing power of regulation upon the subject, the
laws which had been enacted; and no good reason
is perceived why the laws then In beng should
alone be con pr heaed in the generality of their
language, and the power which gave them fierce
aud which may be fairly implied, should be consi
de,e as annulici. lie thought. while the prior
laws NIGH possibly he embraced in the provision,
the leading object TIE preservation of the le-
sslative rover of regulation on the subject This
construction appeared to be fortified bJ other parts
of the constitution.
Ia TIE sect on treating Of the qualification OF
Sena ors, This is tie language in describing no
shall be eligible, he shall he % Who il actually
resident and echoid,r thin the district, or dli
! " qualified according TO lap, Sc" Now {,
/ wNeu N ~ reCOiiecieI thSt ihe S4na'e WAS then
| first crested, that it body unknown 10 all
| former laws ,ls, The qualification OF Sena,o
never before in the contemplation of any laws
which existed in his country; he would ask, en-
pha,icaliy ask, whst Interpretation could be pu,
| he words, "dniy qualified according 10 law
different from Tie construct ion for which he
tended II il we're not intended hereby 10 give
the power The legislature of modifying til.
qualifications of Senators, there seems to be nc
meaI ing in the phrase. Fer the subject 10 which
| the Term e" law" az there used, had relation was
| then frs, created, ard had never before been con
| ceived as a matte requiring regulation There is
! consequently no prior law found which allu
sion could be made and you compelled TO
look TO law afterwards to he enacted by IL gi-la-
Tive power, as the only rule intended in this in
stance TO designate qualifications. There was no
reason which he could conceive, that would apri,
the phrase used in this section TO the people OF
Fincasle and West Augusta; FOR their condiii n
and rights were not regulated in reference 10 a
branch OF legislative power never before b en- con
cevrd. And il obviously most artificial ar
sum,nt which should attempt to shew that their
rights alone restrained The meaning Of the word.
g duly qualified according to law" as here used
| 1t this phrase givesto the General y sse:rbiy,
OF necessity it mus, do. the power 10 modify Tho
qualification Of Senators, it would apfenr TO be 4"
: range ceit 10 suppose, il dill not confeI the
same power when used in the 9th section in refer
! ence 10 the members Of the lfou-e of Delegates
And, when it is remembered that such a power
was fam!liar!y known in foimcr usage was es-
seniialiy necessary to give meaning TO their Ian
sIsse abont tie Senae- i, suteriy Impossible to
conceive that the qualification OF Senator's should
be de'isned!y pu, under he control OF Legislative
power by certain phraseo'ogy, which, when
applied to members OF the House of Delegates, en-
! iire!y denies the exercise of such powe-.
TO be continued