Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-12-23


Is perfectly within the competency Of the House
to declare his seat vacant and issue new writ Of
election. For the convenience of the general
reader, we will here extract those clauses of tho
Constitution to which we have referred and
which we have summoned to our aid Ia this ar
gument. "Any person may be elected NOM
Der of the House OF Delegates, who at the time of
election, has attained tho nge oftwenty one years
aud is actually resident within the country, CITY
town or election district, qualified 10 uote for
members ofUie General assembly according 10 this
constitution" We will now copy tho quaifca-
ton of the voters for the General Assembly, in
order specifically to understand tho gal requisi-
tons and enable tho reader to reach the kernel
of this conroverted affair. We give only that
part oil the clause which is relied upon in
this case. "And no person shall have right to
vote pho is Of unsouad mind, &c." A man of
direct and simple paths would in all probability
close tho book here and regard the question as
settled by this clause. For such n man would in
his plain way argue, if insanity disquali6es
a voter, why not tho man for whom he voted,
more especially as the constitution expressly
enumerates sanity as qualification OF the dele.
gate himself in order to take his seat in the first
place? But If the opinion for which we contend,
Is not supported by those clauses of the constitu
ton which have been cited, and others to which
allasion has been made, we contend that the re-
fusal OF the House to declare Mr. Prices sent
vacant and order n now election, is in confl;ct
with the. whole body of the instrument and tho
E,.d NJ i
publican institutions are founded. And as proof
OF this, il you enlarge the scale of example and
extend the tenure (ior the principle will embrace
as well long as short term) the whole machine
ry OF legislation might beIstopped from the mental
OF corporeal infirmity of members. The consti-
tuition in the apportonment of representation
among the several constituencies of the State.
expressly declares that s'the county of Hardy
shall elect ono delegate" in order to give ;ts
people one representative in the House of Dele
gates. What! one delegate who is in the
Hospital, or one delegate who shall be
present in the House and ready to attend
to the business and the interest of his consritu-
ents What earthly advantage can it be to the
people OF Hardy to have Representative forci-
bly,, but yet legally detained at distance from
the theatre of his public duties? None, certain
". Then is the county of Hardy violently de-
priyed of that representative right which, is OK
pressly guaranteed in the constitution. and VET
the House of Delegates refuses to restore the
capacity. Mr.. Imboden, pfrom Augusta. made
we understand, very conclusive argument on
he view of this case here advocated, which w.
very much regret not having been able to hear
! At our request he has, however, furnished two
English precedents, which we shall here Law be-
fore the readers of the Times. 1t is obvious that
arising in n legislative body of unlimited powers.
certainly not trammeled and confined by a written
constitution, the can only have weight
so far as they establish the natural and inherent
powers of legislative body in respect to its uris-
diction over its own members--.a jurisdiction un-
limited, we contend, save by restrictions imposed
in its creation. or If be SO imposed, restrain
sod by the objects that called it into existence.-
From the Journal of the House of Commons.
y and Q Eliza.hssh, l566 weeStract the foggowine
entry: "a warrant was granted for writ to be
made and sent out for the election of n new Bur-
CESS for the Borough OF Graunpound in the conn
ty of Cornwall, in the place christopher Perne.
reported TO be Lunatick." Here is case in which
the representative was stricken with that mala-
day which has Frustrated the understandings of
Mr. Price, and from it we collect the principle,
that it is among the inherenl powers of de-
Lucrative body to purge itself of unatics. We
have only to enquire whether our constitution has
restored to this unfortunate class an eligibility to
a Legislative office, of which they are deprived
by the very constitution of such assemblies p
The burden of proof rests upon Mr.. I'omlin, and
thosewho think with him; lot them establish that
the organic law of Virginia has, restored madnen
to that representative capacity of which, by the
Inherent nature and principles of legislative
body they are deprived From the second VOL
ume of Hatsell's Precedents, page IS, we
extractthe following Ton the llth of Noyem-
Der, 1858, where suit is made, that some Bur-
gesses being sick, might be removed, and writs
for others in their places; the House doth
resolve, that they be not amoved. notwithstanding
their sickness. ct it appears from D. Ewes,
page 1876, that on the goth of October, 1866. n
newiwrit was issued in the room of member
reported lunatic." This appears from the date
to have been the case above quoted. But in the
case of Acock, 1911, committee of the Com
mons report 'ahat the House, since Henry
VIII, Gas far back the Journals are extant)
appears uniformly to have enquired into the ma
ture of the alleged malady, and have granted or
refused new writ, according, as there seemed to
be permanent temporary ncapacity ia the
member previously returned.''
This is the conclusion of sound sense 1t il
matter Of surprise to find House of Commons,
sitting at the foot of throne occupied by the
arbitrary Elizabeth, more punctual in the oh
servance of popular franchise, than branch of
z Democratic legislature issr' ruls IS Haus.
As PROVED BY THEIR RESPECTIVE RECORDS
PUBLIC CONTRACTS.