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

AS ~ va SA4Ai -tthtcF HR@UtNikN. OF
fiXing forever OH the community, dis
qualifications which had risen FROM the
peculiar circumstances oi the country
however greatly change in those cir
cumsiances might require their repeal
IL is true the disqualihcations in tie one
case were known, and could be judged
of, whilst the future exercise of the
power was uncertain; bat does not the
acknowledgment OF the perfect wisdom
and moderation with which it bad been
used; by government possessing less
OF their confluence, create pursuasive
argument. ITO use an expression of the
gentleman'sl that they did not intend to
destroy the power Itself, in the govern
ment they were about to establish But
bad the convention intended 10 adopt all
Pre-existing Specifications, and give
them the permanency OF constitutional
provisions, unquestIonably its members
and the cotemrary politicians, would
have so understood it. In 1886 inspec.
tors of tobacco were rendered Ineligible,
& in i742 that neligibiliy was extended
TO two years after the expiration of their
office, and SO continued the law until
the adoption of the present constitution
and according To- the construction now
contended for, became part of that
constitution. Vat . years afterwards,in
177S, we sse this constitutional provi-
sion re-enacted by the General Assam.
blyii (see $. at l.. vo. 9. y. 50s) Is it
n ~ h4f ehnr
bars of the convention, in that Assem-
olys Must there not have been many
"a whom the intent, meaning and parti.
cular history OF every part OF the cousti-
tuition vera well known Can we sup.
pose that they would have been guilty
OF such folly, as TO pass law to enforce
a constitutional enactmsnt2 We hear
OF no act of Assembly declaring Judges.
privy councillors, or others, excluded
by the constitution, ineligible; and it
would have been equally unnecessary
with regard to inspectors Of tobacco,
had the meaning of the words, "or duly
qualified according TO law" been such
as is now conteudsd for. 1t IS clear,
then, that the Assembly, two years after
the adoption Of tie constitution, did not
put that construction on those words,
aud surely they tad, then, a much bet.
ter opportunity of knowing the intention
81 IFS trainers, than we can have at the
end Of bali century.
Again, at the adoption Of the consti-
tuition, there was us law declaring mem
bers of he Old Congress ineligible 10 the
Assembly. In the life of H. ILL., Lee, we
are told, that whilst in Congress-, in
l77-, he vas elected IA April for the
couaty of estmoreland, left Congress
in June, and was in the Assem bly in
July. In 1912 too, they are expressly
declared to be eligible; but, in 1888,
when some Of those patriots, who had
faithfully clung 10 the vesssi OF state, in
syegy period Of her fortune, from the
adoption of the constitution to the &C.
acknowledgement of her independence,
were doubtless still members Of the hs-
sembly; when the principles of the con-
stitutlon had been developed BY seven
years operation, members OF Congress.
are declared, by act of Assembly, 10 be
ineligible. iiow could this have hap.
pened under the construction now con-
tended for2 How could il have happen
ed at time when the provisions aud in
terest Of the constitution musl have been
well understood, ifthe power Of super
adding qualifications by law, had been
destroyed by the constitution. 1t may
be answered that they were enjoying
Offices of trust and profit under ths CON
stitution, and therefore were excluded,
although at first the legislature had not
taken this view Of the subject, But had
this been the casa, would not vote Of
the house, which is the Judge of the
qualifications of lis own me sbers, have
excluded them, without requiring an act
Of Assembly,
Mr. C. said, be had cited these two
cases as shelving the sense of the legis-
lature upon this part Of the constitution
soon after its adoption. lie would not
fatigue the House by dwelling on other
instances Of the exercise of this power,
as he should have occasion. There was
one other case, however. which he would
mention, SO strong that he thought its
force could scarcely be resisted. None
can deny, that the venerable Pendlston,
who presided with such dignity over the
deliberations of the convention, and
George Mason, TO whose head and pen
we are indebted for the constitution it.