20 Johns. 457 | N.Y. Sup. Ct. | 1823
delivered the opinion of the Court.
The plaintiff in error contends, that the judgment of the Sessions is erroneous ; and that the act on which it is founded, declaring that such disability shall ensue, on a conviction for sending a challenge to fight a duel, is unconstitutional: 1st. As regards the original Constitution of this state. 2d. As regards the Constitution of the United States ; and, 3d. As regards the amended Constitution of this state. The 1st, 9th, 13th, and 33d articles of the original Constitution of this state, are said to bear upon this question, and the statute Is supposed to be in repugnance to the provisions of those articles. The first article forbids the exercise of any authority over the people, but such as shall be derived from, or granted by them. The powers of the state legislature are not conferred by any express grant, but result from the institution of a supreme legislature; and it is an axiom, that the legislature possess all power, not expressly forbidden
The judgment rendered in the Court below, is supposed to be erroneous, as repugnant to, and contravening the third section of the first article, the second section of the second article, the second section of the fifth article, the first and thirteenth sections of the seventh article, and the first section of the ninth article of the amended Constitution. The third section of the first article, giving to the Senate and As
It may admit of much doubt, whether the legislature are not restrained from excluding from the right of suffrage, any other persons than such as have been, or may be, convicted of infamous crimes. The enumeration of offences, on the conviction for which power is given to the legislature, to exclude the persons convicted, by necessary implication, denies the power in any other cases. The offence of which the plaintiff has been convicted, is not an infamous one. The-law has settled what crimes are infamous ; they are treason, felony, and every species of the crimen falsi, such as peí jury, conspiracy, and barratry. (Peake’s Evid. 126, 127.) If this be so, then the inquiry is, whether the right of suf
As to the oath of office, prescribed by the 6th article, and the provision, that no other oath, declaration, or test, shall be required; it is contended, that the word test has a most extensive meaning, and prohibits the establishing any other rule by which the capacity of a person to hold an office shall be determined, than that defined, the oath of the person appointed or elected. 1 cannot accede to this: In my judgment, the exclusion of any other oath, declaration, or test, as a qualification for an office or public trust, means only, that no other oath of office shall - be required. It was intended to abolish the oath of allegiance and abjuration, or any political or religious test, as a qualification. The provision, that no other oath is to be required as a test, imports nothing with respect to the other qualifications!» In the case of a person elected a senator, or a governor, the oath has no reference to the qualifications required, and they may be inquired into by some other tribunals. If an alien should be elected, he can well take the oath ; but surely, the question whether he could hold the office would be open to inquiry.
Upon the whole, it appears to us, that there exists no constitutional objection to the conviction; and the judgment must be affirmed.
Judgment affirmed.