Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-12-04

lt at parties agreed tUit Wllile pICsCtlH-
ling the manner was inuusted TO the stats
governments, the state might be repre-
sented by districts, or bY gener, elect
Ion, as might seem expedient, bnt that eli.
ther way 1t must BE- done agreeable TO the
constitutional rule, that votes nigh, be
lgiven for any qualified inhabitant Of Ia,
state. Ii is but in very few instances in
deed that member has been elected
yer the line of the district for which he
vas chosen, and these few instances wer,
not only the most popular, but the mos,
beneficial. Pennsylvania sill continue
20 act on that principle, believing she l.
bound by the constitution 10 do so, aaJ
no complaint has ever been laid befnro
Congress from that state on the p-iuciple1
lnow commended for. The honor of the
district and the influence ofibe candidates
are always sufficient to secure the repre-
sentatlcn IN the district unless the advan.
tage OF goiog out OF it is very evident. N
that state where some districts are enli-
lied TO send three members and Others
Two, the parties generally plan 10 have
the candidates distributed 10 promote the
success of their ticket, but where this
does not succeed, no harm is done, tne
constitutional rule is not intringed, and
the people are conlented.
The constitution is the bond of union
between the people OF the Uni ed States
10 make this bond complete, il was neces-
sary that there should DE uniform rule
OF naturalization and a uniform rule OF
qualifications for the peoples repress n.s-
tiYes in Congress, both these rules have
been established by the constitutions, and
/. is BY the constitutional ute one tha.
Congress can decide on the cases arising
under them. ifthIs 70 not The case, Con
gress have no uniform rule TO decide by.
To talk of iuconreniences resulting
from the rule, is TO no purpose To our de
] cisIon, tor we are not authorised 10 make
a constitutions. but to decide .ag-eeabiy 10
the rule already prescribed; however, ia
stating the Inconvenience, they are gene
rally extreme and improbable cases, such
as have never happened TO the states thai
have adhered most closely to the pre-.
ecflbed rule, nor are ever likely 10 hap
pen; but the dangers and Inconvenience
tot departing from any Uniform rule Of
| qualifications are obvious. The members
It different states will have different, OF e.
ven Inconsistent qualifications, such az
would disqualify member from serving
IN one state who would be we'll qualified
10 serve in another state. Those states
Who adhere TO the constitutional rule
would be represented differently from
those who do not, Se those diffe emily from
each other, and with them there might
and probably would be changes withou;
end or certainty.
RI Bot MIR +. said it was net his intention
al this time 10 enlarge in detailed man
ner. he had no doubt but that this would
be sufficiently done in the course Of the
discussion by others. He would, hove
yer, observe that The power of prescribing
additional qualifications has not by the
people in their conventions been granted
% Congress, nor does Congress Claim or
pretend To exercise it. They have not
eaher by The federal ratifyiog conventions
or by the STATE constitutions, vested that
power in The state legislatures. Whence
then did the state legislatures derive this
right OF making supplements to thc qua
ihchtons prescribed by the federal cou-
sttution; not from The people in any
known manner,
/, The FEDERAL constitution has restrained
the natural rights Of the people wi.h ties
{ pect 10 the qualifications Of their repre-
senlat YES as far IS vas then thought ne.
= cessary for the safety of the union, ard
1 no further. The safe legislatures are
, corporate bodies, they do not acl by natl.
cnal right, they are restrained BY bob
. lhe state and the federal couslituicrs.--
/ The power Of prescribing qualifications
{ ei'her for members OF the a Z lcgi.ia-
lures OF OF Congress, has not been vested
{ ~ them, therefore whenever they cSer.
else this authority they do it by an as.
= sumption OF uDaU,Aorised power. The
= state ar federal legislatures possess no
original rights, but only such as are deri.
yatve and representative. Al Original
y powers afe naturally and originally IN the
people, and every assumption of the pow
E ers AID rights belonging TO them is an
n eucruachmcnl on the sovereignty wh ct
, ne people have retained in their owl
/, hands.
/ Let il not however be said Iha, no pow
er To- prescribe additional qualification
Il exists IN the UHttd States # It does no
exist 10 the stale governments, II exist
; 10 the people Of the UniIed States VIII,
Al afe the real soverelgus, and is by then
IS transferred to the state legislatures, ant