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


that committee were governed in making
the report, but being apprehensive that he
would not make himself extensively heard,
he could not deiain the committee long.
The committee of elections considered
the qualifications OF me mbers TO have been
unaitersbly determined by the federal con-
vention, unless changed by an authority
equal 10 that which framed the constituti.
on at tirst that neither the state nor the
federal legislatures are vested with autho.
rity to add 10 those qualifications, 50 as to
change them. That the state legislatures
cannot prescribe the qualifications OF
their own members is evident, /; is belize
we'd, from their respective constitutions,
and thatthey are authorised TO Judge Of
the qualifications of their own members
by their own constitutional rules only, and
of the election of their members by their
respective election laws must be admitted.
Congress by the federal constitution are
nor authorised to prescribe the oualI6ca.
tons os their Own members, but they are
authorised to Judge Of Observation-Disclosures /;
10 doing so, however, they must be go
yerned by the rules prescribed by the fe-
derai constitution, and by them only
These are The principles on which the
election committee have made up their
report, and upon which their resolution is
founded.
A state Of Gacls is fairly givts no wines.
ses were Introduced, nor corrupt abuses in
conducting the election aliedged. The
Claim of the petitioner was solely founded
on the law 81 Maryland & on the allegation
that the sittipg,mem6er was not qualified
agreeably To these Laws, that tho he resi-
ded in the district Tor which he was elect
ed, yet he did no. reside in that part OF it
which the law OF Maryland had prescribed
IN addition tcIhe qualifications prescribed
by the constitution Of The L. States. ii will
be observed by the report ITSELF hat the
committee did not decide on ;he aliegaii-
ons Tor n against the sitting members L..
iEai residence ia the city OF Baltimore, but
upon his constitutional qualifications and
:he majority OF legal woes. On all the
,acis stated in the report however the
parties themselves were agreed, NO, only
! ~ stating the case, but on the FINAL reyi-
r sion of the report.
; The committee however submitted the
: question and took the vote on the case on
iy as it related to the fifth district OF the
1 state OF Ma ylanri, viz. Baltimore city and
county, which were by the law of MARY
! land entitled to send two members, one 81
which was 10 have resided in the city,
and the other in the county, 2 months
immediately preceding the eIe6lion.--
l MIR. M Creepy, the sitting member, as he
e stated, and which was admitted, had re-
D moved his family TO iheir country seat FOL
{ their summer residence, with Intention Il
have returned 10 the city in winter l,u
c having every winter TO reside az the city
y OF Washington as member of congress
S where lie frequently brough, his family
= prevented him from residing in The city o
Is Baltimore in The winter.
II appeared 10 the committee, that i
he stale leg stature had right TO pre-
scribe in what part OF ihe same dislric
e and for what length &C time each of III,
L representatives should reside, they hac
also a right 10 prescribe in what stree
e or what house of street they must re
3 side, and for what length OF time. Having
o thus far endeavored to explain he princl
i Piles by which the committee were gov
erped in making their report, on which
! no doubt other members Of The commute,
e viii give further information, or supper
x such as have given, j viii proceed t
l' other circumstances.
.. 1t is proper TO inform the committee O
oil the whole House, that the committee O
elections were no, unanimous in thes
'e sentiments. The minority advocated tn
't tight OF The state legislature TO prescrib
? addI;iona! qualifications 10 the member
IL f.om the respective states, that the goal
'e lica,ions prescribed by the federal consti
u. tuition were only Of a negative or restrain
at ing nature, viz. 20 enable Congress- 10 con
&c slider such members as had not reside
% seven years in the United Safes, VIII
" were rot - years Of aye at the time {
re their election, and inhabitants ogtbe stat
U for which they are elected, as disqualified
'd bot not To he considered as restraining III
~ state legislatures from adding such quail
SIS hcalion as they thrugbt proper.
rs Mr., r. said that he would deiain tn
committee a little longer, in order
he make few observations bat he wIshe
ne bese observations TO be considered as b
Iiy own, and not as those Of the committee
OF elections. That committee had decide
OF only on the local case Of the Hlh disiri
he Of Maryland, but ms observations we're IL
lac tended to apply 10 the principle genera