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

3,
were the purpose the anti duel!ing laS canno,
conflict with !, the mode OF trial. as 1t l. Called
REQUIRED by The oath No innocent man can ever
be injured by tie law its mode oil trial! The
oa.h is a protection TO innocence. u gave force
TO the principle Of the Bill at Rights; aud came
emrhacally in aid Of it. NJ innocent man can be
puuishejbyit Why wasi, reqnireis that in al! cap
itsl crmnal prosecutions, man hath righ to lie
manL the cause aud nature OF his accusation, 20
be confronted with the sccusers and witnesses, to-
cali for evidence in his IA, Or aud to speedy Trial
by impair ial jury in bis vicinars, without
whose unanimous consent he canuot be TO md Sn:l
~" II surely was designed tn surround the irno'
cent with an impe rt,able guard. This oath doe
not, cannot, even touch those who have not v:o
lated The law by the Eighties, impeachment. II goes
beyond TIE 3 II of Rights. If guilty takes
IT, il protects him from punishment until lie is re-
quarry conyctel in court OF law.
Ii any man refuse take the oath, Can any
| criminal pto-ecuiion grow ont Of such i refusal:
Could the refusal be gi,en in evidence agansi
him? 1t -aid 10 be conclusive evidence oi
| guilt, extorted from The par y. Bu, would *,
| now Is It conclusive? Is net as con pc;en fr
"A innocent a guilty man TO refuse! Many CIR
| s;derations, ,njependen, OF gull, easily con
| ceivasle, winch might induce man to reject the
| oath. Aui 40 conclusion caa be liked by he ac'.
Snrels, ,he Bill of Rights does not rrohibi, tie
Legislature ON putting question To man, from
which some benefit may be expected, but If cri-
I he cannot be compelled to ans~
/ Hpr what purpose j'iicial power created in
all political! rssulst ons? Wa it not !" 'd'''instei
he lae. oi the i."d; to protect rights; aud 10
! cc-rce the discharge Of duty, whre here was a
de!:.quehcY. 1t was not instituted ly politicians
as simple orcas; of fancy, 10 be cou'rasied
with lesisa i've aud Executive powers. No, SIR
II IL were praciic. be 10 protect vjusi right
and lie ty, and 10 the discharge OF social
Duties without its interv eution, Uwou!d have been
- T.,
taied 10 aid The imrrrecons oil human wisdom, and
| 20 arrest the ,icou,ness of man. If 10y wise mea
s,ires adore sed To The active principles OF oar
| turc, rights be secured, aud social good
cleped, without the Ctei lion OF the Judiciary,
| II was surely proper 10 he done. And IT was lie
glory of this ami dneiiHS law. that il has be- Ell
constructed y in surh tiiness, addressing itself to
the in',re-ts AMI feelings ty which mankind are
! osily governed, as . have changed public OPT
i!oa and etfer;el liz own executions; aud il is he
glory Of the free roveroInent of Virginia, that ii
was the FIST u n and arply effective rem
| eiy, for wis the most Powerful a,.d dcSpo;:c
Mona: chs Of Erope attempted in vain eA.ir-
Pate; remedy, which simply consists in opposing
| the consideration oil tue honour 10 the sentiment
! of i~l,e honour.
| 1t j. Objected iii't this oath imposes new and
uncoa. iijut onal qualifications on members OF this
| House. Let us look closely at THIS point. ]
tink the is clear Distinction between the just
| hcation AID the qualification Of pcison. An IN
div!us eligible 10 the Legislature, qualified
fy his residence, his property and his age TO re-
Present his cou.ry. When he comes here he us
fcs his eligibility hy this oath. Every man qua
| lhsd according to law is eligible When he Of
| tiers 10 TAX seat here, you only ascer-
tain ey 's Cd il, o'd-r 10 pro,cc. the parity Of
The itcus", that he is in fact quilted for the
( ton. This is i mole of proceeding common III
our civil regulations. In your courts, whenever
pese ~ himself bail for another, lac i, cra-
/ led n oh, he ,t
which he hoi Is yc', 20 Justify his acceptance, you
ten Ter an oath 10 him 10 ascertain the fact. When
members CONS here, they cone qualified by what
exists IN the country, not by rYtat is TO occur in
the executive chamber. The oath then 10 be taken
vas az mantle thrown srUuni 0.'c OF our political
institutions. protect it from pollution, by those
| who have vislatet! an import.nI law of the land
declsring them unworthy. Theo, what kidd oil
| right offended by Ibis oatle The gentleman
from Norfolk had said jI-ly, that the whole pco-
| pie were interested in the question which have
| now decide. Their rights were represented
here. Il had been declared that certain offenders
-houid not i.teTmeIiIe with them; should not ems
ter these walls ;hs cath fenced founl and guard
| ed he;n. Ia this respect only, il touched rights
| How, then, can gentlemen Imagine that The CON
s,u ion violated, when the act cor. planned
OF, was ihas 10 opersie for The benei of the peo-
PIE, and the purity Of representation, Without the
pscsraticn of any civil Ugh
u Before he would attempt exam iuajion Of The
constr uIGr, II was proper 10 remark, that the
time OF lie Adoption Of ouT constitution our roIical
union was dissolved into ts origin j Elements; our
fore!a.Lers eLt - Consideration ui the frame OF
government untrammelled By any thing which had
existed before ell by any power on esrth -
sui!ei by superior intelligence emily h,ened by
Heaven, taking from the general mass OF know
ledge and Il ating in public opinion gu ii parts ONLY
as would secure our Liberty; and giving force TO hat
alone, which was to ensure social good. The
constitution was original Instrument. A ii form et
political institutions & laws done away lie,
US nov look 20 the phraseoIosy of our cons tuition
The 9th section, treating of a branch OF the
General Assembly, is in thee words: one oil
these shall be called Tie House OF Delerates and
consist OF Two representatives TO be chosen for
each county, and for The district of West Angus
Ia, annually, of such men ac'usIIy reside IN and
are HeehOldeFs OF the same, or DULY QUALIFIED
Il ACCORDING TO LAW Here 10 certain ex
tent, the qual'iica ions IT persons eligible TO the
itouse OF Delegates ale specified. Bat the fra
mers oi the instrument 60 beyond his specification
IN using this language, or dniy qualified accord.
ing TO lar lie asked to tohat iat0 could ,hi,
phrase allu1e: There was then, no {aly but b,,
was adopted and enforced by the instrument SCI icl
they were constructing. The Revolutions: In,
constitution i,seh abrOgaeI all other poIi,ical law
The gen lenen from Norfolk and from w y,b,
contended that the condition of The iuhabifap;s -,
FncsslIc and Of West Augusta, possessots of Land
but without icgai tie 10 the same. and WIN
b ID formerly been dniy qualified according n
law, to elect aud be elected" were alone etnb q.
. ced IN The phrase. Blu this he thought conld no,
satisfy TIE language. The term "Js,y' was ,e,o
rel; II compfehends what Is and IS hat ,11y Le II
IT were Designed TO he restricted in IT'S signshcation
LII. -