Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-07-29

J Ia
assembly. and cannot, from the fact that l.. Las
fore-to wit: before the adoption of this con..;.;,
fought duel, sent challenge, accep,.,lo
borne challenge lie disqualified, for the lI"i'i
will have power to add dsqusis,a,irn 80 800" ~. .'s
and, BY virtue of Jour pcrmis sion 10 DO i tLo. ~
no power 20 make retro active discuaIar,,i ''s
post tac:o law. If. therefore When hi.
is adopted there be no law passed in respy,: r. ,i:
matter, the effect will be precisely the same
these words be retained or not. "''
Until Inv. has been passed under ,hi, coD.,;,..
that shall BY the permission thi. Constitution
the qualifications that the present constitution
scrtes there is no other qualification reori.;t
those prescribed By the present con<ti;uti,n ..m
vote therefore 10 retain these words hot hecofs ;
them necessary but because ;he retention Of ,lc, ~
avoid all dcub, and difficulty. There nav h. , ":
III respect to it. and minds will ditte. in rra,tg .
but certainly myself never should have IL. ,.os 80;
Guilty i'll saying, under this constitution ha, III. ..r
qualified at the time of its adoption canno, fe ,.o',
feel BY law which is to b. Retrospective or =, ,
acto in its character. If you did not pu; into the cam,
stitution the hrst part Of the 10Th section which Il
proposed strike out the legislature could not ~.
it there at all but. if You give them autEori.g j.
add to the constitutional qualifications BY dsqua,:fca
,ios for Office they could impose the ,>quaii:,a
ton How then may they impose il A. YOU crar,
it-accordng to the authority. Via, i. the giant:
1t prospective, not retrospective They y w
say that man who has fought duel prior to Ia
adoption of this constitution shall be disqualified unGcr
this constitution, because tie only power they have i
derived from the constitution, and that Is pur,r pro-
spec:ve in its operation. Most certainly 90 hot
mem to advocate on approve OF the principle o; tG~!
ing. / am no duei>r i'll any wise whatever. ! I've
great aversion however to this clause. and sS1
against the whole Of it. 1t to II is most
manifest and gross injustice say that may
M auy other crime that b. conceived of. and may
20 into the halls of legislation stepped 20 the pits
IN blood and damned with all the crimes OF tie aS=as-
Sn and vet he is not disqualified for taking Sea" here
l,.;s ti,,pp pC,-
ase he shall have sent challenge which has resulted
N nothing or if in combat, in no mischief 10 any body
that man should be turned away from the halls I" ! ss-
la,on and deemed unfit FOR association here. y
man NAV take his here who has perpetrae'. evey
rim. naned in the decalosue dehed all morality aad
al decency when he NAV practice them Gaily. ana
as of them nightly while he Is in association IN the !r
yisaturc and Vet he is deemed worthy TO obtain sea;
lpon the floor of the legislature in either branch, aEt
t forsoolh under sentiment which gay may h: lois
aiken that man shall be Ear mistaken rs to what he
hit to do as to accept carry challenge lie shall
,e yrnel away and put under the ban of the eI ire.
orcrd to quit his State stay in 1t III state "t deg
adaton to which man out Of the pen'tentiar! -
uli.cte,l cannot and never viii vote Tor It III any
name or form Ii it is to be retained, hope it be
mad. not more T. rocious il its aspect at ea't than
necessary Ry retaining these 1rds you prevent cil
You prevent question. Whether you put them there
= not appears to clear that the adoption ." this
constitution is Of itself and of Necessity m anety'o
n,n who have fought duels, sent accepted challenges
etprs YOU adopted it, because the action OF your cis
Azure is alone prospective in its operation
The question being then taken. the amendment was
elected.
Mr. DENEALE. move 10 strike out tue who!" o:
he 10th section
The question being taken the motion was rcjec' I'd
Mr. LYONS. | propose 10 offer an amendrGe To
hat section:
Pr,riicd That no man shall be compelled b.
et oath to accuse himself Of sending accep tng c-
wing challenge or aiding IN n dwel.
Nv object in that the committee will pcicoivc. /:
g avoid compelling man to forward. nu,I unc:
ath accuse himself NJ friend from Ncck!.i!5lrg
Mr GoopE) mentioned while ago, that gcnt!cmrl
ave Been upon the floor Of the Legislature who haze
ecu guilty n fighting sending challenges. yet they
we're under the impression under their lnsc probation
# the law that they were not disqualified. They
,rousht up and took oath which they thought Va
ouscicn.ious though it be that other persons
AVE thought it unconscentious But | cannot myself
gree 10 say that shall forward md acc"ss
,nseli Of this crime Why not make lin, accuse HIM
elf in every other case. Why Apply II alone !" THE
lass III persons
The question was then taken and the Amendment
vas rejected
Mr. SMITH, Of GreoE.ri.r | would sug-rgt ,he
ropretv ri amending the section BY striking "nay
'cfore the word provide md inserting "s!.ail"
The legislature shall provide by law, &c.
1t is true now have law that subject but
hat law will probably be repealed and law may he
nacted. he amendment which suggest Will REQUIRE
lwavs law upon that subject.
Mr.. GOODE. have only 10 remark that tl.is pro-
position started very suddenly but the idea suugc,is
tsef to that it may have the effect if j; IS made
mandatory upon the legislature, to deny them Ii" pow
r Of granting pardon III any instance. therefore
unwilling t" make the change
Mr. LYONS. wish simply 10 remark that the last
Convention which thought TO be wise, and certain
V had wise men in it. after discussing this very subject,
bought il wa- going far enough TO put 1t in The power
fhapp 10
r as hev pleased. For God = sake do not carry this
hing any further than that.
Mr. SMITH, of Greenbrier. 1t is very true that IN
he last Convention there very wise very intei.
ent, and very experienced men but, notwithstanding
concur in that opinion have disposition 10 amc%d
he work of these very wise and very sage in all
instances where according TO my judgment, that work
defective. Now, it does seem 10 me that provision
pon this subject should be mandatory upon the lcgsa.
ure 1t is for the interest Of society 10 require that
UGH law should be enacted | think that the fear:
ndulged by the chairman Of the legislative committee
ire wholly unfcundcd. would make il mandatory w.
them pass such law that may always have suc!.
law upon the statute book imposing this discuali"r.
ion but still such law surely would not deprive tie
legislature the appropriate department o. the
Use of the pardoning power.
The question being taken on the amendment i; was
elected.
There being further amendments to the sixteenth
econ, the committee proceeded TO the consideration
# the seventeenth section which read b. tie ST.
,RErAnY. follows
SIC H. The governor, the judges md NIL Others Of
ending against the State either BY NAL adnnist ration,
corruption neglect Of duty, any other crime mis-
lerieanor shall be nipeached By the house Of dele
,atcs such impeachment to be prosecuted before the
enate which shall have the sol. power to try Nil in
,eachments. When sitting for That purpose the
ha. be on oath or aflirmatnn and no person >iu
Ne convicted without the concurrence of two-tIrds If
he members present. Judgment in cases of itnrcac
nellt shall not extend further than rcmova. fr.r
,ire ami ti-q qualification to hold aud ENJOY any oc.
# honor trust, profit under TIE commonwealth Lm
he party convicted shall nevertheless be lab" ant
ahect so indictment trial, judgment and pun-hnea;,
according to law. :.
Mr. SMITH, Of kanawha call the attention d
he committee to the fact that the subject whic. ln
ccton relates was brought before the judiciary COM
nttcc, and was reported upon BY that committee.
propose that pass over this section until TO
he judiciary report
The CHAIR. The chair will inform the Scrtrtaa'
hat the section will be passed BY az matter Of
Unless amendment be proposed to it. Iino amend
nent be made, it will be PASSED by and will b.. open
or consideration after the etrc report has been coz
dered
The seventeenth section accordingly passed By,
Ind the eighteen h section WIS read as follows.