Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-12-23
THE CASE OF MIR. PRICE OF HARDY

Wewish to-day to the call attention of our read
ers to thecase of Mr.. Price, delegate from the
county of Hardy, who is at this time, confined
Kin the Lunatic Asylum Mt Stauntou, by authority
OF the statute providing for the custody of I4u-
natics. The question has arisen in the House of
Delegates whether mental iucapacity of nm in-.
durable nature disqualiiies him under tho constr!
tuition for the discharge of the duties apper-
tanning to his office. and whether in conse-
quence, his seat ought to be declared vacant, and
writ ct election ordered, that substitute may.
be chosen. After considerable debate the House
of Delegates determined to lay the subject on
the table, the prevailing opinion being that the
case one in which the House could not con.
st'utionay interpose, and that the good people Of
Hardy must continue to be represented by al
inmate of the insane hospital, until the term for
which he was elected shall expire by Limitation
of law. The hardship was admitted, but it was
considered that the of a mailman was one fol
which the constitution did not provide, that ii
was caSas omiSSts, for which there was no
remedy.
Ii this opinion be correct. all will agree that
1t lisa signal and glarng defect in the constitu4
ton : But has the late Convention discharged
its work so cumsily as to leave the House
without guide and direction in so important and
yet so probable cenuncture as the present -.
And is that body, If its members or considera-
Bile number OF them, by visitation of Provi-
dence, was to be stricken with madness, to be
left without power TO provide for the harmony
and due order of its proceedings? We had
cad tbat tl.a e
with every deberatve assembly, was on
dowed by the act of its creation and the necessity
of its existence, we'll by express authority,
with power to provide for the orderly conduct of
its proceedings, and toadoptai means that may
be necessary to attain that end Now, whether
this necessarily implies the power to order an
insane delegate into confinement, is a question
which we beg to submit to the judgment of the
reader. o our mind the proposition belongs to
that class which involve their own solution. But.
whilst it may be admitted that the branch of the
Legislature to which Mr.. Price was elected /
would, from the necessity of the case be empow- !
cred order luaatc n.ember inta csasts,y; vet,
that the consequence which we seek to draw,
viz: the right and duty of the House to de-
clare the seat vacant, does not necessarily follow.
Let us see. In all cases where the member
cannot take his seat and participate ia the de-
alterations of the body, because Of The interposi-
ton oftte House, it appears to be corolIary, tina,
new election ought to be awarded. Else, this
startling result would ensue: That the House
OF Delegates would have it in their power to
deprive constituency, entitled under the consti-
tuition to specified influence in legislation Of
the right of representation during the whole Of
an important term. Does Mr.. Tomlin contend
for this enormous power, this power to disfian-
chise a constituency by the dash of his pom? This
would quadrate but poorly with that ultra De-
mocracy which it is his boast to acknowledge
Either branch of the General Assembly has the
right to Judge of sthe qualifications of its own
members" but this affords warrant SO to use
that authority, to hold the representation of
Hardy in allegiance, until lunatic shall recover
the term of his service expire We had
supposed until now, that sstaxation, without
representation" was repudiated by our republic
can system, but it appears that gentlemen of
Democratic predictions are disposed to unearth
that defunct dogma end galvanize it into brief
existence. 1t must be either contended that
for the preservation of order, yet has no power
to order a madma into custody, or admitted
that he may be lawfully confined in place set
apart for that purpose. If Mr.. Price were to es
cape from confinement now, would the familiars
of the Asylum be legally authorized in ma
king his recapture! If not, it would be
most singular condition of things for
bedlamite to be at large, and yet no
lawful authority exist to arrest him in his
mischieyous career. The House of Delegates
would assuredly have no shadow of right to order
him into custody, unless he proposed to resums
his seat. We suggest these absurd YET pecessazy
ry consequences of voting crazy man into the
privileges of member OF the Legislature -
Grant, then, that Doctor Stribbng has the unfor-
tunate man now lawfully under his kind and be-
ngnaut protection, and that in case of an escnpas
would be empowered to cause his recapture,.
what becomes of the privileges OF delegate and
that sacred regard to his personal freedom pro-
vided for wherever representative systems Of
government exist in natural and untramInel-
ed vigor. Complexities surround the question,
aud there is but one path which leads from the
labyrinth. Lunacy ipso focto destroys The Legisla-
TIE tenure and rs only necessary for the fact 10 be
legally aScerLained 10 enable the House TO declare
cacancy and issue neo aorits Of election. Thisis
the inevitable result of tho nature of this affecting
malady and the constitutional principles which
it involves The sanity of member is a pre-
requisite qualification, a corner stone upon which
the validity OF his election reposes and when that
is destroyed, the consequences, of which it is the
parent cease, and the office becomes vacant. Cit
zenship is another of the qualifications of repre-
sentative. Ifbetore the expiration of his term n
representative to lake the oath of allegance
TO foreign power, is not his seat by that act va