Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-27

'"nesnSc VA he iesisAauon OF Tue cOmmonM calth
Anu ior what purpose are you required 10 make
this sacriice Of policy, and 10 reverse all acts OF
former legislatures on this subject? To break down
the authority and destroy what 10 admitted to be
The most efficient provision Of law, the policy
OF which ell seem TO admit, provision which has
certainly done much towards suppressing practice
ruinous to the peace and happiness OF thousands,
and averse rom'the principles of that religion Of
winch said Mr. Z. profess myself an humble
too surely an unworthy disciple. Can the legis>
iature oe so snxiops to destroy law, than which,
Notwithstanding the gentleman from Norfolk has
denounced II AZ exceeding in enormity the worst
acts oil the. inquistion) none is more entirely sup
ported by public opinion, and under which sra-
dual change is taking place in the feelings senti-
ments and practices OF those amongst whom duel
ing was formerly most prevalent; as that to effect
IL they Will adopt new construction Of the con-
suiution which shall divest them Of all power,
even TO protect themselves against UNIV orthy mem-
oers. anu declare all the wisdom OF our ancestors
but ioolishness! Preserve your law untouched;
public opinion tho not fixed is changing: lessen its
auihority, and IN lew years we may again have
10 mourn over those heart rending scenes which so
many here mus, well remember. a new gen grafton
is just coming into life who have been educat ed
under the law, and whose manners and feelings
have been moulded to it. From them you will be
subjected to fewer OF those painful applications for
relief than we have heretofore had. Virginia ha.
been deservedly complimen:ed as the first govein-
ment which has discovered and applied efficient
remedy to this evil. Many OF her sister states
have initiated her policy, and shall we now be the
hrst to abandon il? The FIRST to rerogi AIDE in the
great march OF humanity and NOR. Il improvement?
10 not, then, by a hasiy decision, lose all the
good your law has already effected with all il NAV
In time effect. Do not present to the world the
evidence of such mutability and love of novelties:
mat ior Them you will sacrifice substantial good.
Dat let US return TO the constitutional que.tit n The
cases cited, shew oae unvarying conjunction for
o0 years, and il Is 10 be hoped will be permitted 10
NIX IN. One other &C, remains TO be noticed, still
going 10 The same point; the act giving repre-
sentative ON this floor, to the City Of Richmond,
passed III the year l7SS The constitution requires
residence. Now this relates to fact, and not TO
any period OF time during which the fact has ex.
listed; yet, in that act. bona ide residence of la
months is required aid in lSlO passed the act now
IN q'eston, showing an UNMARRIED construction un-
til that time
The gentleman from Norfolk, however. seems
to think, that this subject, from lis peculiar ma
iure, IL too sacred Tor legislative tosch, even
although the same strictness Of const,u ction
should not be extended to other parts of
the Constitution This is an imposing argu-
inent, let us therefore, examine it, The preat.
est enthusiasts, for the unlimited rights of the
people in chising their representative, will scarce
~ place II on higher grounds, invest il with !
greater sacredness. than the rights Of life liberty
and property, without which the most unlimited
right OF choice would become useless. Yet over
these The legislature has the most unlimited control
Can gentlemen point out in the Constitution any |
Thing to prevent our taxing beyond the means OF
payment. and selling for the arrearages the free
holders land, or to prevent our Furnishing with |
death, gambling, in;emperance even sla e-hold- !
ing on which the gentleman from Norfolk DIV ellis !
with SO much elrne,tness, or what to prevent the |
most common and innocent actions of OR lives.
hom being made equally penal? These SUPPOSE
ions may be called absurd. but they are not more
so than those which have been used TO ~ owe that
the power of superadding TO the constitutional
qualifications, does not exist in this assembly. Tie
possibility OF abuse is argument against the ex-
is'ence OF power, and resortipg to construction
and implication TO discover This jealousy in one
part OF the constitution is vain; when i, is evident
such unlimited powe:s are committed to them on
subjects equally important. They both stand on
he same footing, the legislature is UNI restrained in
both. ard the security against the abuse of either
is (the best in the worldly that provided by the
of the Bill Of Rights ha, at short periods
the Legislature shall return to the body of the peos
ple and be themselves subjected TO the operation
of the laws they have passed.
But if th. subject be sacred, certainly the
organization of the whole House must be more 90.
aud yet this has always been subject 10 the legisla-
tive power. The Constitution says, the House OF
Delegates shall consist of TWO members to be cho-
sen from each county and from the district Of West
Augusta annually. Can gentlemen shew where
the pow er TO create counties out of that dis
trici is granted in the Constitution IN argument
equally ingenious and plaus BILE might be formed
az inst the con~tilutionality of those laws which
have given 10 West Augusta thirty instead Of the
two members assigned her in the CONSTITUTIONS
The gentleman from Norfolk, has appealed to
these very gentlemen, however, to support his con-
strucioD, under which alone he says, their con-
sttuents now enjoy their rights, now call upon
them, said MIR. T.. to support construction by
which not only those rights are secured, but with
GU, which they may be declared Dcap bic of hold
ing their Seats and be delivered 10 the care OF
the Sergeant at Arms, to be conducted without our
walls. But will it be said this power results from
convenience and the nature Of things? Admi,tsd;
and on the same basis stands the exercise of every
power, not prohibited by the Constitution. Will il
be said this enrges, the other contracts the rights
Of the people? II certainly enlarges the rights Of
the people Of West Augusta, but by diminishing
The value OF those rights to others, nasmuch as il
dmishes their relative influence. The truth is
such construction Of the Constitution would tram
mel us at every step. strip US of almost every
power, disorganze the whole frame of our go
vernmeD,, and revolutionize the whole system
which has prevailed from the formation of the
Constitution to the present day.
But is there any thing in the peculiar character
OF this statute which renders il unconstitutional?
Tie gentleman from Norfolk will answer me in
the affirmative, and object to the oath, which, for
odum sake, is denominated test oath. There is
nothing in the Constitution authorizing the oath
Of fidelity; the sturs.ion Of all foreign princes,
ates and potenales. or of fidelity in office; and
are these too viewed oaths and unc onstitu-
tiCnaI punisbments? The gentleman from Norfolk
tells you No. These osihs right because they
relate TO civil disqualihcaons only, and are no
punishment; the other relates to a criminal act a.
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