Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-23
RICHMOND, JAN. aa.
VIRGINIA LEGIsLATURE.
HOUSE OF DELEG ATEs.

| his arsumen, Mr. Dou,hai's case
Was il true, he asked, that the words i" duly
quslified according to law" vere designed to vest
| any power in the Legislature? This he denied
| To what iacs did the trainers of the Constitution
| reier! To the existing 10 poserior laws. If
to the former, they Were adopted by The Cons iu-
| tion. Which was the probable, In de.
| tefmining the right OF suffrage, they allowed no
pretext for future legislation br, declared it Should
remain as exercised at present. and should we
mol infer that in securing the other great branch of
the elective franchise, they also referred TO the
then existing state Of hngs? The qualifications OF
| the elector and the elected, were, by the theory
| and general practice of the government convert
! Die and similar; and il TO be belle, ed, that
the first were designed 10 be Immediately fixed by
tie Constitution and the other left TO the mutation
! OF future legislatures? Such a discretion. he
| Thought, was Incompatible with the object of the
instrument, to fix by the constitution the prea,
principle oil election. II surely was the design of
the Constitution to dsrlare, that he who was
qualified TO control tie government by EXERCISING
the right of suffrage was also qualified to aiImns
| terh. HE mode OF expression was awkward and
even up1ramnaiical, II ii was intended to confer
power on future legislators. If il was in,en,led
10 give the legislature the tremendous power to
| .her own qualifications, why say so in express
terms, instead OF leaving il an inference by au,bi-
guous words: Blu, the trainers of the Con,,i,n,io,
had introduced these words, incidentally and
coHa'efaiIy, when their attention was directed TO
more important subjects which they were reyula
ing In that very clause. He here read the ex.
pressiSns In the constitution in proof OF this sup
position; aud asked, if il was credible that ,be
great and good men who framed it, were guilty of
the Jolly OF giving fixaion TO one great principle
oy the hrst part of the sentence, for no o,be,
puri o'e then 10 destroy it in the next, But On his
construction the expressions were natural, erama
ucai' and connected with the subject Immediately
| In Their contemplation. The representative was tn
n surh
and are ireehodsr-,'' or duly qualified accor
Jung 10 iaw''-obv lousy meaning that men OF
| either class might be chosen. ANY other inter
probation wou!l be forced, and ought no to be
put on the words, unless o her, or none so rea-
sonabe could be given
The sole object of the words. o, duIv.cu,tif. a..
according 10 law was TO secure cons,i,u,ionaly.
me rights existing the time the Cons,i-
'u'ion was adopted. At that time there were
various rsons Z" duly qualified according 10
,a"' 20 elect, and be elected, who were not EN- i
oraced by the first member of the constitutional
prescription, such men, a. actually reside in and
are freeholdefs of the same Their ri.b,s ,,ers
derived iom The same source as these of the
HeehoideTs, the statutory law; and no reason or
in,enuon existed TO deprive them oil that right
ihe'e words we're inserted 10 protect them, and
ioI no other purpose, and it was oply by virtue of
these words, that they were protected
! AT the adoption Of the Constitution, freehold
was NE general basis OF the elective irancbise bu
'oHs heenoiders were dsqualiiied; and MANY per
sons MOI ifeehoders, had acquired it. we have
oeeh accustomed 10 believe thai freehold has AL
ways been The basis, and that eyerv J.n,,,urs from
II was an innovation This j. not Historically true
ne IN 'usht he should lie able to show that The
neehoid principle itself, limo raton upon
.'.e oi'ShaI, primitive principle of elections In
marshall Lille OF Washington, we are told that
lie right OF suffrage originally exercised by
| every freeman who paid taxes. But he would n OF
ion a.;
rable as II Is. He would appeal 10 the r,cord oe
the country. The Statutes of the country yvoulI
prove thai Il ON tue first introduction Of Assemblies
| ln virginia In 1919 10 the year 1893, space OF
oo years, with the exception of only few
years. the elective franchise exercised by al
ireeinen who paid taxes. Before 1899 there had
been contest between The latter and the freehol
"efs' and he arprehended it would continue Those
| VINO nave power will always wish TO retain il; and
| those Who have not, TO acquire it,
In 1904 3, for the first time. an act was passed.
restricting the right 10 e house keepers, whether
| ireehoider+, easeholders, or otherwise tenants
Stat a, Large, All, Sec. a. This triumph of
TIE one party was but shoriyed for, on The fol-
/ lowing year The act repealed. He called on
he Clerk to read his repeating act, that the House
| might see The simplicity of language and honesty
oil purpose That characterised that age. G Statutes
Large pa 1o3) 1t was then, he remarked, that
| 'he seed were sown, the harvest of which was
feaped In The Revolution. Then ii was that the
great principle was fist disclosed that taxation
ard representation were inseparsble. In 1870.
ne" attack was made the rights of the tax.
payers 10 vote, q Statutes, 1867 But in 1876
That law was repealed, and 90 freemen were al
lowed TO vote, as ofmery,'' with the freeboiders
and house keepers. In 1877, Sir William Be,ke.
ley, coming over as the Go, ernor of Virginia, re
ceived The royal mandate from Charles tie Second
so TO alter the state of things here as that none
ou' ifeehoideis should vote in elections. Whether
the dissolueness which then distinguished the
British Court, had pursued its agents to this coun
Try leaving no time, from their gay and pfofigate
pleasures to attend to the public concerns or thew
we're restrained by The sturdy determination of our
people, he was unable TO say But this atfemnt
upon Their rights was never contaminated until
1879 Then the freehold principle was, by sta
iule, engraned and took root - our land But the
qusiincauon % ireehold was not required of the
representative until l705, and from that time TO the
revolution, the freehold was The base OF the quail
hcation both for the eector and the elected Bpt
here were many relsxaioBs of this principle, ex
lending 10 numerous individuals He would MOI
go IN o The enumeration Of all the exceptions TO
MS principle. Originally all freeholders were
eDsioie TO The legsIature-bui by particular acts
oil Assembly, sheriff., clerks inspectors, infants
women, Tree negroes. indians, aud felons &c
we're disqualified When The constitution was
adopted under the existing laws it is certain tina,
al Tue ireeholders were not eligible, nor was the
right OF suffrage restricted 10 freeholicrs o.Iv |
Williamsburg, the OF all our Science and
Literature, Norfolk, not hen as now eyidenc
ed, mouuing her commercial bereavement, had /
arqufedby their charters which were confirmed
afterwards by siatates, tie elective franchI-e To |
house-kcepefs. and 10 the afii1ans who had Ter !
iOfmed an apprenticeship TO a menbanick art |
These words 'of dull qualified according 20 law