Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-15

cauon might extend II, Just az II there were no Con-
stutonal provision upon the subject They could not
confer the capacity Of holding Office but they were
restrained from creating an ncapacy beyond what the
Constitution declares He had wished to the provi-
so made part Of the Constitution because he viewed
II as important to the perpetuaon Of the Federal Co
vernmeut that offices should be permitted be held
under it and the State Governments the same time.
None could be more sincerely a friend to that
Government than he was, long ii remained within
its ewn legitimate sphere and sought only the ends for
which II was established: and believing as he did that
all the rich blessings which had been hoped for, would
be realized from s operation he DESTROYS its best
safeguard to prevent its interference beyond its own
appropriate limits As the Legislature had thought and
the People Of Virginia he believed continued to think
the hands, and il probable, that the Legsla-
ture would continue the ncapacity that now ex-
sted he should for the insertion Of the proviso and
rs permanent incorporation in the Constitution. He
thought that offices under the two Governments, were
sufficiently distnct-and long they could not be
held the same person. he apprehended danger that
the General Government would accumulate power
man was consistent with preservation OF the sovereign
~ OF the States. He hoped both would exist hapSiIv
together through all time. At all events from the tenn
per which, at present, seemed to actae both the Ls-
gslaure and the People of the State he was warranted
to expect that such might long be the case Yet WAS
impossible for human wisdom foresee what changes OF
opinion might taks place: and the danger to both Co.
vernments would certainly DO great should that spiic
expire II was with the utmost good will toward the
Federal Government, that he offered the amendment
seeking to strengthen, not to impair it, to preserve not
10 destroy = =,
Mr.. DoDDRIGE next addressed the ComAittec q
will briefly assign to the Committee nv ressons
Tor opposing the provso, and in favor of nv MT
In my opinion, the safes in all legislation r.. to
ske care to have the text Of resolution section 20
framed az to admit Of doubt in is msaning nor s
bigu,ty oil construction render the savings us,
ally ound in proviso, unnecessary. This course
commonly avoids the doubts and difficulties of consrue-
on resulting from comparing the text with the provso
and expounding them together If the proyiso should
ne regretted and my amendment pcevaii, the result will
oe that will, as heretofore be lett every future
Assembly 10 determine, whether and how far Il l. No.
cessary TO disquahfy persons, holding Office under the
United States, from holding anof6ce under this State
And his Is power. which may be safely lst with As
semoes TO exercise or not, as they nav think polc
under exiting and changing circumstance
The opinion entersin on This head 4. that which L
nave endeavored to urge, from the time this Conven
y. Jon u, met, ana VIII continue urge. until Its Iabours
snail terminate That opinonis thu, that the exercise
OF no power, should be inhibited to future Legislatures
except such AZ II would be impoc and immoral n r.
erce, any in'ure time, and under any possible cir
cumsances. Such for instance as the establishment
oil aparticuar religious secpassing an ex-post fac,o
law, or law mpaisng the gation of contracts These
powers ought never TO he exercised Their exercise
would DE Immoral and impoIitic any time and under
any possible circumstances would therefore, inhibit
their exercise forever Other powers and among
them, the disqualification in question: are not of that
cnarae'er. Public security may require, and sound
mofy admit their exercise at one time, and not at an.
oner anu these times and circumstances may safely be-
leu with the Legislature, as they are.
Inc report viii then shew that the povso was re-
Jected, and the amendment adopted.
Mr. SUMMERS acknowledged that a due degree of
jealousy as to the entertainments Of the General Cow.
eminent was sautary and proper but thought might
DC carried 10 very incoBvenent length and would then.
produce mschievous con eauences He could not ~.
gree with the gentleman from Chesterfield as TO the
ac that the present statutory provision was approved
by the Peope-it certainly not tho case In bi.,
part Of the State. Ii carried tn a.
into all the relations Of the citizens to the General Gov
eminent contract to carry. or TO distribute the mall.
deprived man of all right office under the State
rom whence great Inconvenience experiencodi
h me west. The most respectable and trust worthy
men In every county justices Of the Peace-aif
these men were excluded from having any thing 10 do
nihe transportation OF the mails, which consequently
Tell into hands much less worthy OF trust and thus hs
Interests OF the Post Office Department so vitality impor
'ant 70 ne whole community. were put al hazard. He
was Tor leaving the matter Legislative discretion and
they were much likely to err on the side of az
IRENE caution than the opposite.
MI CoALTER was in favour Of the amendment In or
der that the subject might be kept before the Commit
tee No man could tell how far the Fssersi Govern
menf, by construction Of the Constitution or by a.
mendments 10 it, might come 10 operate on the local
concerns OF the States. Should the power Of carrying
ON internal Improvements within the States be given
oy an amendment OF the Federal Constitution 10 that go
ernment there would, ne foressw, he need Of sneh
clause a, was now proposed to be inserted. This
woula not impece nor hasten the adoption Of such a.
mendmen' He did not know, for his part, how far
the General Government might be disposed TO extend
lie hands into their houses and their bed chambers and
"',"""S "ouehs, anu every Wnere else. n re.
pea" OF me existing law would far to pave way for
them lie was not of those who believed that al
WISDOM and all prudence resided in any Legislative boz
ny IN me country, and he thought that some udicious
head.
Mr. SrANARD said that few observations would,
suhee 10 convince The COMMITTEES tina, the present pro-
posai was an Illustration of the principle that
jealousy was often blind and like .'vaulting ambition
sometimes o'erIeaped itself and fell on oher side "
he referred to that clause OF the Bill If Rights which
relates TO this subject, and which he said had obvious
~ been The result OF extreme jealousy lest the inter-
es's oil the State and Federal Governments should be
improperly mingled; in which those Of the stron-
ger Government would always be sure 10 pre- onieate
He did not find fanl, with the sentiment but dsapnrov
ed OF the Shape which IT proposed 10 assume be.
cause me measure proposed, would have the certain
tendency 10 produce The very evil sought 10 be avoid
ed mere was no proposition which he thought would
more readily command The assent of rejecting minds
man 'his that as Tar IA practicable was desirable that
exercised ihrosgh organs appointed bv and pertsnnr
10, the State Government This was The most effecuai
a'e-guard against the absorbing influence of the Gem
ers government: " would that power 10 look n
the governments Of the States Tor its own wholesome
ana eihcient operation and prevent the vast mass Of
patronage which must otherwise grow out of the an.
pontment OF all the hosts Of funconaries that mus. b.
spread over the whole country He here referred 10
the criminal jurisdiction OF the Federal Courts and the
oblgaon upon the Federal Government To seek out
apPrehend, try convict and punish offenders He then
went on 10 shew that this would he In great degree
mpraciicabe without the aid Of Justices of the Peace
aching under State authority. Unless they were allow.
eu 10 issue their warrants for The apprehension Of per-
sons accused crimes against the Union misbt he eom
mitted with impunity. But should the extreme ri.
gour OF the proposed prov.o be introduced into the Com
suution the nome mt justice did this She LOST hs office