Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-20
HOUSE OF DELEG ATES.
MR.. DOHTgy sJuS raSE

a, ~''"''S' S''y anu the iTst reeOlutOn
oil the Committee, declaring uncons,itu,ional The
oa'n required to he taken by members of the Gen
erai assembly, being under consideration
, MT Coiston expressed hope that some GEM
,,e'h'n would explain the reasons on which the
No"''h''ee had declared unconstitutional, a law
unaer which we had SO iorg acted
Zen. Taylor then rose, and remarke ed tb,, nm.
DER me call OF tie gentleman he would express To
'he Rouse his opinions the subject, and he
reasons which satisfied him that the report of Tie
committee was correct. The subject, he said
was OF unusual interest. II addressed itself 10 thu
a" .',, OF the House, by every motive which
eouia animate their duty as legislators. or excit.
'he'r dsiicacy as men, The best Interests of do
mes.c happiness and morality were blended with
IL. IL presented constitutional enquiries CONCERN
ing the elective franchise, the most impor,,nt of
an constitutional rights; upon the soundness and
V,suu' oi 'ha'' all other rights depended /, touch
ed Their own pnwer-- compelled them IN h. ;,J,,..
In their own cause, and 10 defend ,bei, o,,,r o,
thoIity. 1t behooved them, on such sub;.c, IN
oes'ow 'hsH most dispasssionate investipa,iop-
and to be watchful over themselves .,be~ ,,s,s
endangered alike by their virtues and their y;ce.
rove OIL morality, their respect for religion az
Well as the natural lust of power temp,e cd tbs, y,
usurp authority never delegated. "a sn.,,
occasion, 10 counsel, however humble should
De contemnec, and he hoped the House ,vonH
'imu va 'ne nature oil the enquiry an apoIoav FIR
Offering his opinions upon it,
tue neport OF the Committee, il appeared
.."' WI Dou'hat had taken every oath required
py Jaw except The dueUing oath, and against ,bat
he had protested, because he ,houob, i, uDcors,;,~
uohai. Even that oath he was willing 10 take but
~ 'h"uiiieo rs 10 give to il effect, not from the
tlne OF Its passage in 1910, bur its re enactmer, IN
10 TO- when he considered the original act as re-
Pe'ie"' II he had taken the oath in this modified
ioim' novel; but not difficult question "a ould haze
presented itself. Blu, as lie had mo, ,.Ls, H..
'hai ques could not arise The only oue.,ion
men was was II competent for Mr. d. 10 occu,v
MS seat without taking the oath2 Gen. IT. sail
e .-' ,"Hen some trouble TO Ia, cstgals The Sub.
Jec'' ana mad come TO the conclusion that il was
=" 'ne examination OF the subject, two impoI-
TAM questions presented themselves depepdins uro,
"is,i"ct and separate principles: 1st as 10 the ~.
nuny o, 'ne TEST oath, as applicable to private in.
"'V'auais' against whom the Legislature rn;ob,
possess power 10 hur It's denuncations-and odi,.
as 10 the power of the House to attach new do
that floor. Psop'e Oh
Is the test oath then constitutional, h,5
LegisiSiuie the authority to require il, This v,s
the rue enquiry. The power of the General A..
ae"'D'y' efeat al IL was, was not, he appreben3eJ
unlimited. God forbid tina, il should be = JTnIn,
Neu power In The hands of the Administrators Of
a Government, under whatever form of o-as;
ton, was espotism-despo,ism in pr;nc;,,,. &c
not IN TACT; potentially if not in action TTni;n,;,.
power or unlimited legislation was absoln,..r :.
compatible wi constitutional eovernmen,
me very term constitution. implied res,ric,.on.
anu limitations on the innctionafies who administers
II. ne very purpose of Constitution ia 20 a.
hne tn powers and distribute the duties ss.
'rhctonares, and TO limit tie orbits within ,.b;"
they are move. "H'1'
- must be mentioned too, that in pov.rn,,.
IKE ours, ioundedon the principle, that the sovee
'esh,y OF right, as we'll as in fact remains i, ,h.
people who created IL the adminjstra,ors &c =: 'e
not, and by m N mo- .fi,; ~ w
OF oisinal and intrinsic power AIi,Le;r ,
was delegated and fi.uciary. And as he wbo ~,
ercised delegated power must conform 10 The -
ciared Will OF him who delegated it; everv az, :,
variance with that will, is void. Hence res,,,,sa
he great poiirai axiom In constitutional law TIA,
provision is paramount TO iegisIa,o
w hen the latter is in conflict with the forn,.
Is null and void. In Virginia we live un,le,
government. The Bill of R;gb,sa.s
Inc Constitution had prescribed limits 10 everv AZ
paI'uieht OF the GoyeInment-and great as ,bev
mao iei' Inc power OF The Legislature, their acts
wben III co"flict viii either. were nugatorv. Til,
be SAID, was Fundamental truth. Bring the JnsJ
ing law 20 this Standard and If il will not bear ~.
est, II IS an act OF usmpafion, ana not law. Ths
hrst section OF that act infi,cs death on him ,bo
Stays his fellow man in dueI
me second section denounced the disquaIijca-
non on 'nose VINO send or accepted a chalIenpe.
81 this be did not complain, because the so;,5s'
ure had right TO do it; there being no limi,s,inn
a the selection OF punishment for offences, exce,,
ne vague expression in the Bill Of Rights H..
cruel and unnecessary punishment should not n.
Inflicted" The Legislature not only have H.
,o"eF' but exerted II properly by this section.
he next section oil the law goes farther, and pre-
cribes an oath TO enforce the disqualification. r.
he enforcement of the disqns LITIGATION no ~.
ne object Of that oath, it was TYRANNY ba,ssi
'eyond expression. If That was not the obiec, :;
vas intended 10 disiranchise men who had neysr
'losted ths act, or done the forbidden thing. Con-
idefed in this light, he thought the ties. oath ON.
constitutional and void.
In applying punshments, that is, in providing for
ne enforcement and administration of crinins,
nactmsnts, the Legislative power was suh;sc, 80
numerous and important limitations Thee
limitations were the constitutional barriers NJ I;
eHy and saietyi and II under any p,e;ex, ,l,s.
ouid be overthrow turned, we deceived or
elves IN saying we were either free or safe; and
o'h liberty and safety were held on the precarion,
enuTc Of legislative will.
The limitation stated was irnposed Ly ,bs ssr...
lon OF The departments Of the Government, ~
5lIl OF Rights declared That, " The Iepisl,t;,s
and Executive powers of the State sliouid g.
epaTate and distinct from The Judciary;" and dbo
Constitution had provided, that :" The Legisla,ivo
Executive end Judiciary departments shall be sens'
rate and distinct, so that neither exercises 10 4
Po'cers properly belonging 10 The oiher.' If ,his
eraratioD Of powers had been arbitrary il ,yass,i
obligatory on The legislature because il ,ya.
rescfibed by the sovereign authority, The people.
was, however, not arbitrary pripcible-it p
'as founded IN reason and nature. The functiors
Judge were entirely dissimilar TO those NJ =
'gislstor. II was the province OF the ore ~
make The law--of The other to apply it. If you
ansctnd his rule, you do an ACT which is void
his principle was tested but he other day. 4 bin
" The inspection OF salt, local in It's nature. and
e0aCfmenfg. al