Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-07-15

the word Who" propose to amend to make it more
plain, by inserting the words at the time Of the cleo
ton" My object is to make this section SO plain tina,
it will give rise TO controversy in future The clause
will then read: "Any person may be elected senator
who al the time of his election, shall have attained
the age of thirty years" &C. .s.r..: ....e
Mr. STROTHER. think that question has been de-
cde under the present constitution referring to the
time when gentlemen upon the discharge of their
duties 1t that for all the purposes OF the
constitution in that particular the present provision
is the better It is enough chat the person elected
shall be thirty years Of age when he enters upon the
discharge of the duties OF his Office If person is not
thirty years Of age at the time he is elected why de
lprive the people of his services If he shall have
ained that age when he is called upon to render bis
Iservices. ..,.,., ..,+4 CO. .-.r.
Mr. BANKS would not wish to be understood rs
desiring to nx particular time Of election the period
which gentlemen should have attained the necessary
age, but desire to have fixed time 1t is to do
away with the difficulty about construction that offer
this amendment for gentleman might be eligible ut the
time perhaps Tor the regular meeting of the general
ASSEMBLY but might be ineligible at a time When he
might be call led upon act in special called SEES
sion of that body. 1t seems therefor it will be
better to have the qualification refer to the period o.
his election beg leave say that differ with my
friend from Rappahannock MIR. STRoTHER) as to what
should be the construction put upon the words of the
present constitution.
| MI, STROTHER. would suggest t my friend that
case OF this kind decided in the instance OF the
gentleman from this district
| Mr.. BANKS. l recolect perfectly well something
about that matter do not undertake To say that
at thut time member Of the committee on PRIV
egcs aud elections of the house OF delegates but m
cline to the opinion that was. Ny recollection OF II
is, that it at time OF high political excitement
! The gentleman from Richmond (Ar. STASARD) WAS IN
the Senate of Virginia where he was in the power OF
nv democratic friends and they could have put himout
they had thought proper, and my wing friends III tn,
house Of delegates where was, had gentleman from
the county OF Clarke the dem cratic side in about
the same fix Ny recollection is, that at that it
was considered rather as Case OF pair off, than
! case which had been adjudlcated.
| MIR. STROTHER. l wish to move amendment
to the amendment of the gentleman from Madison.
The CHAIR. 1t is not now amendabe, being an
amendment to an amendment.
| Mr. STROTHER. The object Of the gentleman, un,
derstand is to secure deniteness in the provision
would suggest him to accept of this as substitute
Tor his amendment, at the time when the term OF SER
vice shall commence"
! The CHAIR Does the gentleman from Madison &c
icept the an elldmeutf
!! Mr.. BANKS. No, sir.
/ Mr. TRIGG The legislative report requires that tn,
term of service of members of the house OF delegate
md senate shall commence on the day of the election
and therefore it seems to me that the amendment sug
rested bv the gentleman from Rappahannock ls just
and proper one and hope that it will be accepted.
! Mr. STANARD. | desire imply to say, rs a matter
ouewhat personal to myself has been alluded to, tha
nv own impression is that the question was never de-
cidei-wa, raised in the Seuate with respect t.
INV own elgibiiity-nor do believe that II was ever
raised in the House of Delegates in respect to the eli
ibiity of auy other gentleman. had supposed that II
vas not raised because there was general acquieS
,ence in the judgment which had been pronounced By
the people on the subject and pronounced ut least IN
this district upon the opinions given by very able and
distinguished gentlemen. to whose opinions far more re
spcct due than any opinion that might he entertained
W the candidate. ! have always thought that what
.:ver nigh. be the construction the reasonable rule II
rhcre is any reason the rule at ALL ought to apply to
the age Of the officer aud the age OF the cl at,
There is III the world for requiring any par
,icar age except qualification for Office, and the
% ope think proper, in my to eject man some
Two or three weeks before he happened to be OF age
when they knew that he must be thirty years of age be
ore the legislature metf the people think proper t.
.ct such man 20 represent them in either branch ri
the Assembly think that Il principle of the Constltu-
ton is fully complied with, and that 1t was not the DE-.
,, ,,lI object of those who framed the existing c. n
tuition to prescribe III. qualification of candidates but
4 officers. and if you had the requisite qua!lilcatl u
when OF undertake to assume the duties OF the Office 4
liza enough think therefore. that We ha better rt tn,
natter remain as it il the ct:n th.t ha
deem put upon Il, if change ~. adopt thu
suggestion .. the gentleman iT".- -art ,::....S.
Mr. BANKS. Ii IS due to myself perhaps That
should saw to the gentleman from Richmond tia, ii
not max ne first rcfere,lce to his case.
III ~
9 ler-tlnd me as directing to II.
$ Mr. BANKS | would ful ther to the coramttr
that it does from what has been said by IN
Gentleman from Richmond that there necessit,
for amcndmcut-cther OF the aracter OF the one
nave offered or something uf the sorto free this mai
ter from the difficulty that has heretofore existed
see no good reason why the amendment which hav
offered should not BE- adopted and take leave for on
20 differ from the gentleman from Rlci;nond us I" IN
construction which ought 70 he put Oh the words OF tn
i present Constitution
i, MIR. FERGUSON. During the last session Of tn
I General Assembly had qaestion something Ink
this before growing out OF contest IN the county
? dcnrico The seat Of the member from henrlco VIZ
contested ON tie ground that he not reeholder
me time OF the election. The same terms, gentlene
will remember are applicable in the old Constitutio
TO the qualifications In regard to being feeholders as
,yc believe the provision is that any person may
elected who is freebooter and quahcd To vote Ia
: members Of the General Assembly by freehold, an
who is twenty-five years of age The gentemans sea
was contested on The ground that lie was not free
holder the of election. The committee reporte
such the fact, but that he was ireeholder b
:ore the time arr, ed for him take his seat men
ser of the General Assembly and the House of Dele
gates refused under these circumstances to fix day ia
te purpose Of consi lcrng the report of the committed
and thereby sanctioned the principle that il onl
necessary TO be qualified at the time he takes his
believe that to be the true construction, aud shall
therefore, vote against the amendment
q The question was then taken on the amendment
: air. BANKS, AMI it agreed to.-A count being hvl-
ayes Al, Hoes 80.
y. Mr. HANkS l now move to insert The words q
he time oil his election, after the word 'wo in Il,
fifth uc SO make that part of the section recrru,
10 the House of Delegates conform to the ancndmea
L Just adopted.
The amendment was agreed to.
/ Mr.. ShITH of kanawha. There are some verbs
4. amendments that had better be made which will
change the bearing of the section at all, hui wi
avoid difficulties of construction. The whole section
! ,ffirmativc there is negative in it. 1t provide
r. I'm, any person may be elected Senator who sha
awe attained the age Of twenty Ave years But ther
" IS nothing inhb,ory at ALL He may not have affair
cd the age Of twenty five and still be eligible. pr
!. oosc TO amend that By adopting the language Of til
D CONSTITUTION Of the United States
i Mr. RIDLEY. The amendment of the gentlsma
;" from Madison obriates that very difficulty
Mr.. SMITH. No, it does not affect it. 1t has +
bearing on this question all Let the section read
ibis way mo person shall be elected Senator VII
shall not have attained to the age of twenty
and who shall not be actually resident in the dlstrlc
qualified to vote for members of the General Assemo
l. " this Constitution AS it stauds, if be Is res
lent of twenty-five years of age he is eligible but ye
10 no, iuhibit his election if ne is not twenty five a'
II 40: resident. That which propose now to insert
ne tho United