Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-02
FOR THE ENQUIRER.
The NEW CONSTITUTION eramiaed, and
compared tofh the oid.--NO H.

The NEW CONSTITUTION examined, and
compared toifh the oid.--NO III.
ARTICLE rII.-Sec.6.
This section declares that the whole number Of mem.
bers TO which the State may at any time be entitled Ia
the Hou'e Of Representatives Of the United States
shall be apporoned as nearly may be, amongst the
several counties Cities boroughs aud towns the State
according to their respective numbers which shall be
determined by adding to the whole number Of free
persons including those bound 10 service for term Of
years, and excluding indians taxed, three fnhs oil
| all other persons.
This is perfectly provision, and is conceived to
be correct and wise. The Constitution OF the u. S.
CART l. Section Ii-Clause III had established that
rule Of apportonmrnt amongst the several States of the
Cnon. IL was so established for the protection Of the
holding states and the Of the rule is equal
applicable to the several parts Of the same Stale
Within few years last past, It had, however, been Sc.
riously contrnded that the rule did not apply, and
that the free white population alone ought TO be the
sic, on which the Representation of the several dis.
tricts Of Virginia in Congress should be founded
10 avoid this contest and TO place the subject beyond
the reach of Legislative control, this provision was
made part Of the Constitution.
ARTICLE III.-Sec. 7.
ms section declares that any person may be elected
Senator who shall have attained TO the age OF 80 years.
or member Of the House Of Delegates who shall
have attained the age Of 25 years. and to be Senator
he must be actually resident and freehoder within
for members Of the General Assembly according to this
Cons tuition; the quac 10 also quisite for
member Of the House OF Delegates, except that the
| residence and freehold be in the county, city,
town, borough or election district.
may be- observed en- PEASANT, that the qualifcatio
oil the elected are much trcted than those Of
the electors Young men Of 81 years OF age, who are
easehoders, under certain restrictions, or who have
been housekeepers, heads OF families and tax-payers
Tor IL months (as will be particularly she
der the l4h secoD) may be electors Of Senators and
Delegates, but they cannot be by any means elected
either the one, or the other
BY the cid Constitution (Sec 81 to be elected Del.
egate the person must reside in his county, and he
ireeholder Of the same, duly qualified according TO
law, but no particular age prescribed for the De-
iegate; ana IN point Ct fact, young Of only 81
years Of and sometimes under have been elected
to the House OF Dele gates, without any known injury
10 the public servce.-By the 9th section of the old
Constitution, to be elected Senator, the person must
be resident and eeholder within his district, duly
qualified according to law, and be upwards of twenty
hve years OF age. .No,o he must be thirty. In this
respect, l prefer decidedly the old Constitution The
power ought TO have been retained the pc ople TO
INTO ther service persons OF ardent minds, and promis
ing talents, whatever may be their age.
The provso in this section declares that all pc rsons
holding lucrative offices, and Ministers Of the Gospel
and Priests OF every denomination shall be incapable
OF being elected members of either House of Assem-
bly,.
This proviso copied from the last clause of the 18th
section OF the CID Constitution, except that the words
"and Priests" not found there. Under the old
constitution, Jewish PRIEST might have been elected
10 In" Legislature whilst Christian Minister was
c'udod. This /. now rec'i6ed; the exclusion now ex-
tends to the officiating Ministers of all Religions
ARTICLE III-sEc. 8.
i his section is perfectly new as a Constitutional
provision The hrst clause declares that the mbers
OF the Assembly shall receive Tor their services com.
pensaion to be sscoraned by law, and paid out of the
PUBIC treasury; but no law increasing The compensa-
ton OF the members shall take effect until the end of
The next annual session after such law shall have been
| enacted.
The principal object of this clause YVES 70 restrain
he legislature who have the control of the purse of
the State, from helping themselves too lavishy II
mad happened that hoh our State Legislature and the
congress OF me u s. had increased their compen-
sa'ion and tina, The had been made TO take eec,
from the beginning Of the sessions Ia which they had
passed These acts produced great complaints amongst
the people, and the conduct of mbers who voted for
increased compensation, was ascribed 10 unworthy mo
nvrs In future, these complaints will cease. The
questions Of this kind will hereafter be acted on at
hps'auon oil selfish motives, and solely with view
the public good.
The second clause of this section provides that no
Senator Delegate shall during the ERIN for which he
hah have been elected be appointed any civil office
OF profit under the COmmonwea which shall have
oeen created or the emoiuments OF which shall have
been increased during such term, except such Offices
| "a may be filled by elections by the people
Ihis provision is unknown to the Old Constitution
It's object is guard the integrity of members Of the
Legislature against the seduction Of creating ne w Off
ces unnecessarily, OF increasing the emomen,s or
old ones or the selfish purpose Of putting in
!hose ohces IL il wise and saIutary provision. II
Is borrower IN great measure from the act of 1894
which has been frequently called the self-denyng ord
nance, and which was enacted in consequence of the
creation by previous legislature of sundry ne offices
which were mostly filled by IN embers of the same ho
dy That law is 10 be found in our present Revised
Code, p 20. Is, however, rather more extensive
man our Constitutional clause since il excluded The
members from such civil office whether of profit
or not and not only where the emoIuments were in
creased but decreased also A similar provision is al.
so TO be onnd in LIST 1rtcIe 9Th Section and "a clause
OF the Constitution Of the United States but neither in
that, nor in Statute is found the sxcepon
taned in this clause Of the Constitution "except
such offices ray be filled by elections by the peo-
pie" N p''
ARTICLE III-sEC. o.
LIST Clause. 4" The General Assembly shall meet
once, or otener every year, This is copied from the
an section OF the Old Constitution. lis position il.
however. changed, as remarked in the notice took
Of the hrs seeon OF this article The Convr ntiop have
n"ue thodIcil arrangement than their prede.
cessors OF l776
"a Clause. Neither house, during the session of
The Legislature, shall without the consent of the ether
adjourn Tor more than three days. nor TO any other place
man that In which the two houses shall be siuino
MS clause seems to be in entire contradiction of the
hSt clause OF The tenth section of the Old
winch declared that ei,her house OF the Cen Assembly
may atJourn themselves respectively" under which
proVson' II has been the habit Of the Senate
10 ADJOURN themselves for two three weeks in tho
early part OF the session, they having very little 10 do
until Bills which originate in the lower house are sent
up to them. This practice was though by some 10 b.
convenient, and by others to have the injurious nden
cy oil delayng the public business and Of
the sessions Of the Legislature TO an unreasonable
length. The latter succeeded in adopting tbi, clause
which is copied from the Constitution of the u States
Article LIST. Section 5th. Clause An.
81 Clause. a majority of each house shall con-
shiute quorum to do business; but a smaller number
may ado.ro from day 10 day, and shall be authorised
10 compel the attendance OF absent members in such
manner, and under such penalties each house NAV
provide" "'