Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-04


relation to the public iands-that some OF the po,i-
clans there DESTROYS of drawing off part of our Tor
ces by Offering them share OF these landsthat they
desire to draw the government inadv rteny into
port OF general system OF Education that they de.
sire to get all the money out of tn. Treasury so tina,
they may fill it in another way-and they desire to
offer re,odTd to the citizens 20 the West"
FOR THE ENQUIRER
The NEW CONSTITUTION examined, and
compared ,cih the od.-NO. III
ARTICLE III.-Ssc IL.
"The privilege of the Writ of Habeas Corpus shall
not an any case be suspended" This proviiOn differs
materially from that OF the Constitu of the u. s.
.4rt. Sec 9, Clause 2 There it is declared that
the privilege OF this important aud beneficial Writ
shall not he suspended 'unieSS chsn in cases of Re.
6sihon, or inrasion the public safety may require IT,"
ne Variance in the two clauses may hereafter pro-
duce collision between the judiciary authorities o.
Virginia, and the Federal Executive and Judiciary
IL Congress should declare that the public safety
cures the suspension OF this Writ in consequence OF
an actual rebellion aud invason, and pass law sus-
pend 1t, what course must Judge in Virginia pursued
Can he serve two masters, or if not, which must he
obey! Or Is the clause intended solely inhibition
10 the Legislature OF Virginia 10 suspend the Writ,
leaving the Judiciary 10 obey the law OF Congress
when Constituonally enacted? | throw out these
questions as subjects Of examination, without intending
answer hem; Tor, sufficient for the day will be the
evil thereof.
"The L. gature shall not pa.s any Bill of Attain.
der; or any "a post Jdcto law; any law imparng
the ohlie alton OF Contracts" These several restrc.
ions are taken from The 10Th section of the article
'Or any law, whereby private property shall he IA
ken tor public without just saon; this
restriction is not 10 be found toidem perbis either il
The Old Consultation, Ia tina, of s. Ii il con
ceivej, however, to be principle well established BY
Natural Law, and by the Contaon and Civil Law
and TO fesu necessarily from the first article of he
BIZ oil Rights which declares, that the OF ac
curing, aud possessing property ia inherent right
III men, OF which they cannot by any compact deprive
or dvest their pserily Indeed, this point his been
solemnly decide nv thu Supreme Couri of Appeals in
thu recent case OF CreIiShdo tie Slate River C9n
pnny lhis clause incoi poratcs that adudged point
'no NE Constitution; 30, any law abdsing the Tree
transcribed from the LIST Article Of the Amendments 10
the Constitution of the u. S.
mo man shall be compelled to frequent, support
any religious worship, place ninistry what-over;
nor shai any man be enforced restrained mole.t
bntthened in his body goods, otherwise suffer- on
cunt al his religious opinions belief but all men
shall b- free TO profess, and Ivy argumen TO maintain
| their opinions in matters Of Religion, and the same
shall IN no wise affect, diminish narge their civil
capacities" This clause is copied from the Act Tor
Religious Freedom written by Jc6erso,, and passed
| l6h December, I7S5. which, although enacted only
by an ordinary Legislature, has always been dee ply
impressed the heart of every Vire as if il had
heen' as deserves TO be, part of the Oganic Law
Further to secure the blessings of Religious Free.
dom to tie good people OF this Common in all IN
lure times, Tie Convention added the following provi.
sion; And the Legislature shall not prescribe any re
iSIous test wia'ever confer any peculiar privilege
or advantages on any sect nomination; nor pa
any law requiring or auhorisng any religious Soc,tv
or the people OF any district within this Common Tin
levy on them selves Others, any tax for the erec
lion repair of any house for public wor-hip or IN,
The support OF any Church Ministry; but il shall b,
left 20 every person to select his religious Instructor
and to make Tor his support such private contract as he
shall please"
/ ARTICLE III.--Sec. IL.
In the year 1910, the Legislature passed The kct IN
suppress duelling by which persons who fight uels
and their seconds aud chaenger4, and accf p,ors OF
RI challenges to 6gh, duels were incspacna,ed fom
holding, being elected any post of profit trust or
emolument, civil military, under this Government
all officer. thereafter appointed were required TO take
me Ann Dnei!ing oath prescribed ty the Act. This
law ha' been though. by IN st 0i the rejecting aud
ob'ervan members OF Society, to- have been attended
with the most salntafy effects; and after the experience
OF twenty years, thi' opinion is still generally enter
famed But perpetual efforts have been made TO render
the act odious 10 he people, by denouncing il az tyran-
n'cal and unconstuiiona and these e,ris have sue.
ceeded 80 FAR az to induce respectable citizens to
d0uOt whether II IL not contrary TO the Constitution
although the several Houses of the Legislature have
several times ratified he Act and the Judiciary have
never declared It 10 he unconstitutional. To remove
hose dou"s and 10 give 10 the Legislature full pow.
10 act on this subject in the manner most conducive TO
me public welfare this section adopted, aud is az
| follows
| "Ihc Legislature may provide bv law that no per.
son shall be capable OF holding being elt ced to any
nos OF Prohi trust, or cmouIneni civil or military
Legislative, Executive or Judicial under the Govern.
ment Of this Commonwealth, who shall hereafter 6gh
a duel, or send or accept challenge 10 fight duel
The probble issue of which may be the death of the
chalt ger or challenged, who shall he topd IN
such d' el or shall be knowingly the bearer # such
caen"e or acceptance: bHt person shall be so dis
qualified by reason Of his hdong heretof re fought
'h mel, or sent accepted such cialienge or been
second IN such duef bearer Of such CHALLENGE or ac-
| eeptance."
The Convention, actusfed probably by sympathy for
those who have heretofore suffered under the law
have extended to them, hy The latter clause Of the
uon, paIdoA Tor their past offences quodd the iucapa
city Tor office.
Several questions will probably arise under this sec.
ton, which II Is not necessary 10 anticipate.
ARTICLE III - section -.
This section relates TO the subject Of mpeachmens
and there several npo tant differences between il
| and the 10Th section Of the old Constitution Nv the
later, 'he Gov ernor, toieH he is cut NJ office sad
offending sPanst 'he State, either by ual-sdmnstrs.
tion, corrupon Ofher means by tChch The snfefU nj
the St0te may h. endangered, shall be improbable by
the House o d. legates" Nv the present section of tn
proposed Constitution b. Governor" leaving out fhe
VOID tcben he is oW gfoHice, "ihe Judg,s nj the
CoWt ~ 3ppeols 0ni superior Courts, aud all other
offending against the State, either by ma adrnipis,rs
ton, ccrrup'cn, neglect NJ dtiV, dry ofher bjgb
crime ., nIisdeme0nor. shall be impeachstp Nv he
llou.e NJ Deleg4f-s" The words in the old Co1,t,,.
ion, which have under.cOfod abov, are moi in The
new Constitution, and Diee
The tribunal for the trial of iupeachmcnts il verv
different BY the old Consuon the inpe ,cbmen, il
10 be ptosecu'ed By the Attorney General or sucb
Other pefson 'he house may dproitt elm GENITAL
Tour, recording TO the laws OF The lard" And bv the
lIh section, The impeachment Of Judges of the Gene
raj Couris to be prosecuted Gin The Court of Appeals"