Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-30


the counties in the State were TO be the judges of
the qualifications OF members? Establish this rule,
and what becomes of constitutional precision
May you not have nearly as many constructions
OF constitutional right, as you have counties. He
contended that it the duty of the House TO
look into such subjects, as well of their ac
cord, as at the instance OF petitioners. The gen
tleman from Hanover, Mr.. Davis, acknowledges
that he believes Mr. Il. is minister of the gospel,
in tho sense OF the constitution, and yet he will
wink at this violation, because person nom
Mathews contests his right 10 his seat! lie APP
peaed 10 the House TO Liscouotenance at or.e such
doctrine, and pointed out many mons,Tous conse-
Quences that would result from il.
MIR. Ddcis vindcated his views. lie thought
gentlemen went too far in their constructions of
the constitutions; giving TO the legislature too much
POWER. lie referred to the celebrated case OF
Wilkes, and said that the presen, cas-. might not
be unlike it-o the exercise OF the power claimed
for the House. might produce case like that. The
people had the right 10 judge OF the constitution.
Mr.. u. had not understood that Gen. Smyth had
recaned his opinion in the case oil Banks. Might
not that gentleman have beca RICH, then, and the
House wrong? He knew not What the vote was;
II III shi have been bare majority, representing a
minority OF the people. Ia the Court of Appeals,
decisions had been reversed upon more mature con-
sdera!ion. The decision OF The House enc
time no; 10 be folio we'd, as binding al another
lime He protested against any connection between
church and state. lie also regret ed the a;iudina-
rian construction OF constitutions referred 10 by
Mr. Tyler. He had no douD, but that many
q dates Tor the legislature presented themselves an
pually o the people, without the proper qialfca-
tons lie nstanccd. the case of deeds, without
actual possession OF the land If Judge Marsha!
should take seat here his want of qualification
would be notorious TO all. II was extreme sup
position lie repeated that his impressions had
been taken up without mature considera lion but
he thought them correct.
Mr.. JVdfk.iiiS OF p. L opposed the motion TO
discharge he committee. In reply TO Mr.. Davis,
he said, tins constitution DO iad the people them
selves -snd if the counties were 10 judge OF the
constitution, they would free themselves iIo:n all
constitutional restraint ia the election OF members,
according TO the view OF this or thar popular man.
The general election law he thought did not apply
10 this Case, and thei etore its forms not ne
cessayy be observ and the disregard Of them
in this case was by no means repeal o. The Law.
MIR. George mentioned Two Cases in which mem
bers were ousted from their seats upon their own
declarations, that, Of Mr.. G. l.. Stevenson, Mr..
Harrison, a.d Mr.. Ma Tor, all Of whom were pro-
scouting aIiofnies in the superior courts.
MIR. DGriS remarked that Mr.. Sievenson's case
was brought before the House By memorial from
MIR. Minor. MIR. George said there no con-
test in the two las, cases. He mentioned another
case from w ,the.
The question taken, and the House refused
TO discharge The comm lee, without division
/ The Speaker laid before the House letter frota
a
standing on his books-or:ered 20 be printed.
Elr. Gordon submitted the enactments Of the
Rector and Visitors Of the University, which
with the report before submitted, were ordered to
be prin ed.
Mr.. Nelson obtained Ike 10 bring in a bill 10
change the time OF holding l.ie Superior Courts in
Brooke.
Mr.. Saunders made Intellectual effort to take
UP the resolution to change tie time OF meeting Of
the Assembly.
The 33id rule of the House was suspended for
the purpose, and Mr.. .llIS0n of Frederick pre-
scented petition from the clerk of Hampshire.
The Speaker laid before the House, letter from
the Governor relating TO Military Lands in KEN
lucky.
An engroossed bill taken up, which gives
TO the Commissioner of The l. snswha Turnpike
the power oil permitting persons going TO mil: anl
IN school, to pass the toll gates by The year
toll less than the law requires, which he shall
slider reasonable. This bill was discussed with
animation. 1t was opp 'sed by AIes-rs. White
EppS and Lockst, and supported by hlassrs.
Miller Of Boue;ourt, .9iderSon, Everett and
Watkins of Prince Edward
Its opponents conlended that il was ntroducin.
an exemption, which would be claimed by
others, and that If the principle be sanctioned 1t
would cripple, if not destroy every public improves
ment of the kind. Ike friends OF the bill main
tanned that it was but jlst that the common cal b
II this case, or the company in any other, should
not be remuneratej bey ond the benefit conferred -
that the poor man residing within hall mile of a
gate ought TO be made TO pay only what was rea~
sonable Tor passing the gate with his bushel OF
corn. Ii he paid going aud returning, II cud be
% cents, which s edily bey ond his ability 10
pay or the benefit he derived.
The bill passed wiihou' division.
Mr.. Gordon Iema ked, that he had received
Y petition from number OF his Constituents on the
subject o. the bust of THOMAS JEFFERSON,
wIed by him TO the Library OF the University. II
ascer,ained, he said, that the estate oil
Mr.. j. would be sufficient TO pay his debts. aud
that without he interrosiiion of The Legislature,
the bust could not be given that destination intend
G! by Mr. Jefferson. The petition was referred 10
the Committee Of Schools and Colleges.
Sundry reports and resolutions made from
the Committees and laid on the table.
Yesterday A communication receiv
ed itom the Senate that they had passed the bill a
mending the act Concerning the appointment OF
Harbour Masters and declaring their duties and,
with amendments, the bill TO designate with great
certainty the lines between Monroe and Giles;
these amendments concuITed in.
.MeSsrs .Eppes, Gordon, Vhae, WoOiJoik &
InghTani, reported sundry bills & resolutions from
the committees.
Mr. Giles said, he rose 10 call the attention of
the House to several subjects that appeared TO
} him TO be of the greatest urgency. He regretted
that so much of the session bad passed. The pro-
positions he intended to- submit had been prepared
before the meeting OF the legislature and II be
had be able to lake his seat, at the commence
ment of the session, he should have submitted them
within an hour afterwards But when be arrived
here be found the house engaged in an interesting
subject, and, That time he did not think pro-