Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-02-08


further. that any person Nominated 10
any Office place or appointment unaer
the general government, who shall not
signify his intention to decline the ac-
ceptance, previous to acting Under any
appointment under this commonwealth
shall be equally liable to the exclusions
of this act, as If he had actually accep-
led same" (c) Ii will be perceived at
once. that this act is much more COM
prehensive than the former, and em6ra-
ces numbers in the employment OF the
federal government, not disqualified by
the first, and consequently, that up to
that time from the very foundation OF
the government, the Legislature had al
ways acted upon the presumption OF
their possessing this power,not 10 speak
OF the concurrence given by every inter
mediate, and succeeding legislature, IN
not having repealed these laws as would
certainly have been their duty had they
believed them unconstitutional. And IS
this legislature asked to break down all
those mounds which the prudence OF our
ancestors has raised, against the niiu-
epce of the federal vernment! Are
they prepared to admit within these
walls the array OF postmaster, mail con
tractors. revenue officers and other de-
,end.nts which he action OF the ieder
al government requires within tins state
What becomes then, of that Jealousy
YOU have heretofore exercised. ana OF thoS'
principles OF state pohcy on Ike preservation
OF which you have heretofore pFideo youfSeit.
Tn. gentle nan from Norfolk made an appeal
~ those who entertained Ger AN opinions Uh
the coost,,c+ion u the federal constitution.
and called on them for consistency sake, TO Be
eonali, strict in placing bounds % our owl
nower IN their cons, ruction Of the state coBsti
tutton. too, call upon them sad MIR. G. tor
consistency sake. not to remove ne most i'm
port,nt barr,er 10 federal influence. | am not
amongst those politicians who most strictly
construe the federal constitution; but shoIld
be. unwilling TO see those, who are not only
the officers ot that government, but hold the
appointments M the will Of president OF tbs
U :. hayinga direct influence IN tie iegIsla
ton of the commonwealth And tor what
nurnose are you required to make tins Sacri
hce of policy. and 10 reverse ali acis OF formes
legislature on this subject 10 orthk down
The authority and destroy what Is admitted 10
be the mos, efficient provision OF law, the
policy of which all seem o ADMIT, proyis'o'
which has certainly done much towards sup
pre- ssing pracuce rninoIs to the peace aud
hspniness Oh thousands, and sverse from the
principle. of that religion oil winch sad Mr. Z
,rotes. nvseIg an humble too surely an I'm.
worth, Disciple Can The legislature be so aux
IONA 10 destroy a law, thsn Which, (notwItb
s,audur the gentleman from Norfolk has de
nounced il az exceeding IN enoFmity the worst
acts oil the inqms'tion) none /. more entirely
supported by public opinion, ana under which
gradual change IS taking pace IN the teei-
lurs sent;nentsand practCe OF those amongst
whom duelllng was formerly most prevalent, as
that 20 eject it they will adopt new con
struction OF the constitution which shat dvest
them OF al power, even to protect themselves
sgsinsl unworthy membefs, and declare al the
WI ID ,m Of our ancestors put toolishness' Pr :
serve your law untouched, pubic opinion tho
not hxeu 10 chang ng, lesson ITS Authority, and
IN few years We may again have TO mourn o.
yer those heart rendlnS scenes, which so many
here must renemher. new generation Is,
lust coming into life who have been edhc1ed
under the law, nd whose manners and ieel.
HkS NhNC OCCE inpltt-tb W ~ hiS''' 49, va
you will be subjected TO fewer Of those painful
,pplicstions for relief than we have hereto.
fore had sirg,ua has been deservedly cum
plimcnted as the FIRST government which hs7
discovered and applied an efficient remedy to
this evil. M.n, of her sister states have mn
tai her poilc,, and sAali we now be the hrst
to abandon IL The hrst to retrograde in {
great march OF humanity and moral iRpr oSe
ment! DO not, then, by nasty DECISION,
lose ali your good law has already effected,
with all It may IN tine effect. Do no, present
to the world the evidence of such mutaoility,
anil love Of no, cites nat tor them you Will
rifice ostsntial good But let US return to the
cons ,.tuuonal question. The cases cited, shew
one unyarylng construction for SO years. and
It 10 to be hoped Will be permitted 10 fix it.
One other act emalns to be not ced, stii going
to The same point, the act giving representa-
tive on this floor, 10 the City OF Richmond
passed IN the year 1873. The constitution re
qures residence, Now ths relates to fact
and not To any period OF uue dnnog which
The fact has existed, yet, IN that act, hons
hde resldenceot ~ months IS required, and m
1910 passed the act now IN question, shelving
an UNMARRIED construction anti that time.
The gentleman from Norfolk, hOwever,seeu
to think, that thus subject. from ats pecunai
nature. IS too sacred tor legislative touch, ever
although the sNme strlctness Ot construction
should not be extended to other parts OF the
Constitution TmsI IS an imposing argumenl
let us therefore, examine n. The greatest en-
tuuslas tor the unlimited rights OF the people
an chnslng their representative, VIII scarcely
pace II on hgner grounds, or invest II VIII
greater sd ;redness. than the rights OF HE Il
berry and property, without which tue naos
( tint ted n a. Ch
less. Vet over these the legislature has toe
most alnllniiel cnnttnl Can ns nilcmen nnn