Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-02

wiz, "osc uhuer uo State But there was exception
to THIS remark person holding commission as Justice
oil the Peace was disqualified by serving as a Repre-
tive In Congress. Yet these two were not i'm his ud
ment' at all Incompatible. place in Congress was held
10 DC an once under the General
to the present Interpretation OF the statute by the
gisiature oil Va had been held at all times Every mi
ita officer held am office under the Thought
nc 10 be disqualified serving as nv office
under the United States. The whole purpose of The
amendment proposed by the Committee of The Whole.
was TO preserve the statute STOOD and not hy
ne constitution 10 go beyond the statutory provision in
some parts oil It, aud to fall short OF il i'm other. The
Legislature would still have power TO prohibit the hold
ing Oh ounces under both Governments SO far he
cesSary and proper But il any fears approhend-
on that subject farther amendment could be added
10 ue resolution, and IL should have his support proyi
led II did not Introduce provision equivalent TO that
now proposed TO be stricken out it ought not to pre-
vent c'uzens, who held Offices valuable 10 the Com
lmonwealth, from being elected as members of Con-.
gress. The atute confined provision which rro.
h'hi,ed oiice IN the State, TO any who received any
emoiument under the Genera, Government Now i,
d' was 10 DC interpreted according to the letter. he
shon'd be obliged to oppose IL in tor them car
peh'er' VINO was employed to do Job of work Oh the
room, occupied by Federal Court, and who re
ray Tor ms work, must b. disqualified from all
ounce OF honour or profit, under Virginia This evil
10 oe sure, was avoided by the prevailing construction
me Statute, which applied the prohibition only to
such a. continued saiedly to receive emolum.nt under
'he Federal Government. Mr.. l.. concluded by OBJ.
serving that in his opinion. the law az il now stood
anu was at present interpreted defined the proper lin.
| n IL
tutonal provision.
Mr.. RANDOLPH again Sr,I belcv. that there il,
an aJn"S cas- refer 10 the case OF Blount, where
is determined that member of Con,re.s i. mt nm
officer of the Uuitrd States. certainly rev-r so nm
ders'ood or go considered the station Of a member OF
Congress. He did no. receive his comu.i sion from
the United States II, indeed. he were appointed by
the Unied States, then he would he u Staes' oIice,
Mr. r. sail, that his objection to agreeing TO thi.
amendment was, that il negative pregnant: il
contained very strong n,maon that there ougb,
IN has ucha Auiy l..
been attempted in the first instance to raise this banner
agans, Federal encroachment, il would have been on.
thing: u the question had been untouched. unmooed
undisturbsd but when the attempt to raise the ban
ner had been made and il was th-n struck down nv
the act OF this Convention, tn, became TO- ally in
different /: 1t was put dfSrent foot entirely -
Would any man say that the Anu- Duellirr Law for
example stood the ooing since the clause in
the Constitution prescribing the oath had been stricken
out, that stood before the attempt was made 10 in
sprt that clause? All per must ao that il did no,
rs TO any farther amendment Mr.. H. said he had
come 10 ihe Convention with two fixed determinations
in his mind; the one had been make no proposition.
all during s sitIing and 10 this, with the blessing OF
Eon "a. hoped ID adhere: the other had BEEN not 10
open hi' lips save 10 when his name should Ia
called: to this solution he had had the for,itud
TO adhere. He wished he had.
Mr. SrANARD now went into very extended ex-
PLANTATION and ecapitulaon of all tia. h al been urged
in committee OF the whole, on this subject and which
accounted Tor the amendment which the 1imi,iee had
recommended. This explanation, though very pro,er
under The circumstances by way of inicrms i N 10
member who hal uNavoidaby been absent, we d., no,
hod bound to report, having at the time pre-
eneh 10 our readers the debae itsli. which resulted
IN ire rocon,me nda ion OF this amendment
| Mr. TAYLOR sail. that at a proper time he should
move to insert by way of amen the res ,luton
the ac' Of Assembly this sub ect (Which he had of.
tered in committee OF the Who'll
MIR Leigh observed that he had sail he wac pre
pared to vote Tor any proposition by which the Office Of
the Two governments were properly separated, Bu,
me gentleman from Lrudoun, Mr.. Mercer had said
,na where n? qiaiitis'io1s for iii required by
the Conituiion the Legislature had no rig h to re-
que Anyhow this position lie had never he ard
taken before in the whole course of hi life. III. had
never heard the right Of tn" Legislature to 20 so SO
much as questioned before. Ii had indeed be, n con.
tended, that where the Constitution did lay down GER
tain qnalihcations the Legislature might not ex.enl
'hose aheaonS. on tn" principle that ercsio uni
us en- erciuSiO uterus Butt seemed him that the
scntsmans principle irreconri-abl. with The 70
ry notion OF ate Government Where n goyernm ~.
'MS'' ny e III ne'ati 70 ve $, then und .ubedy i,
was as The gentleman slated. Ru where the Con- si,u
ton only int rdiced aud did no, enumera'e the mower
OF III" government. TIL the government, nigh
90 whatever the Constitution did net lorll This
was the distinction between the Federal and ts Stat,
Governments. Mr.. l.. said he had no fears ,ba In.
gentleman from Lou;oun ever could prevail, and
therefore he was for Stalking out The clause AMI leavin
the Legislature 10 act mil h proper in the case
ir desired to leave the stature in full fore: possibly
| IT might be somewhat modified; but he would leave
that wholly t. the Legislature. He was con,rnt with
the statute a. ii s'ood AMI interpreted There
was one objection TO the Amendment II the proDosi
lion had been made and should be stricken out bv IN,
Convenon.tt might POSSIBLY be considered that the Lee
gisdre had no power pass such acE but il rhsy
refused 10 30 IT might be Construct into REM, nj
The act. This statute stood the same footing wi, IA
others Ii was ancient in its date and hAd been amend
e'in l79S, aud ;hr sever Il laws on the .ubsr,
were embodi d in statute Mr. l.. ga id ne was FIR
striking out Ito words proposed by the Commute,
oil The hole, and leaving the power of the Ierla
unnpaired. lie would no; consent To ,ay IN In.
L"galurs had no mowers hut such as were exuse.slv
gwen TO II by the Constitution: h. believed on the con
r1ry that they possessed all powers that were not lo
hidden.
MIR. MERcER said that il was hardly necessary for
him TO rise Tor the purpose of vndicaiing the opnop
he had advanced when another topic had been unds
discussion His opinion wa4, that whore the Con.,i.
tuon aid,down any qualification for Ollie , he l. .r.-
'a'uFe had no power TO superadl TO those uu,i "A
ten: and when the Constitution regu red none
the Legislature had rig to require any -
TIL" consequences Of the oppoie position were too
Alarming and The extent OF the principle obvious
10 need illustration.
Mr.. CoALTER sail, he should vot4 f,r tn. Comni.
tees amenimrn'. H. bad no' offered IN option from
he gentleman rom Chariot (Nr. II nd,p',:) ne with
ed zee some suDsian i llu.e inserted IN IN. pIa
oil Tat which the committee prop red strike out: and
ne should therefore vote for striking out thu eseni
world, in the hope th't better would he .ubsri,uipd
Mr.. SrANARo said, that he wished TO amend tI,e
res tuition by aiding TO ia clam. declaring tia, mn
person hold nc any Office OF rinnumen, unI.r q 9
General Government, should, At he .ame tine. hold
any Office oil emonnent under the Conmonwc Alh OF
Virginia.
Nj. FiTzHUGH, belic,ing tho discussion 70 be ONLY
waste OF time, moved 'le in Ell tie posiponement Of
the Resolution and am. ndinent.
| The motion prevailed by l5rge majority
| So The amendment Of the committee to the 5:h Re-
sg.,tl e. -.