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


ofthe nation, much less can they prescribe
qualifications for the national Legislature,
other than the nation itself has pre- scrib.
ed, nor abridge the constitutional powei
of Congress to decide on the quaii6ca,i
ons OF its own members, agreeabiy 10 the
rules prescribed by the constitution thai
authority expressly vested by the whols
cannot be abridged or changed by par,
by a Seventeenth part of The nation.
| It is fundamental principle in a free
government That The citizens should b.
protected in the cnioym meat Of all their ma.
lural rights, except in so far as the en-.
lIoymrnt OF these rights are incompatible
with the safety OF society, and consequence
| ~ with the support of a free eaverpmeat.
It is the natural right of all l,ien 10 choose
whom they please, Without regard TO age,
residence, sc. To represent and advocate
their interests; bu, it is necessary for the
protection Of society that this right be a.
bridged, but il ought to be no further a.
jbridged than is absolutely necessary for
the safety of The society, and of this the
isociety itself are the only competent and
authoritative judges; and in the L. States
1.-THE society have decided on this prjnc ple
by their general and rs,irying convsn,i-
ons. and they have delegated no au.hor
itv even To Congress, much less to states
TO alter or add 10 or diminish these qua,
Iiications. The federal constitution in.
deed Professionally delegates to the state
Legislature the authority of directing the
iiime, place and manner Of holding eIe9i-
ons ar the discretion of Congress. l. is
mot necessary nor convenient that the
I!ine, place, and manner of holding cleo
lions should be uniform, therefore nothing
but abuses or usurpa,ions OF power BY The
states, can ever excite or Justify Con-
tgress IN assuming the exercise off, which
however they may do at discretion.
The right Of prescribing new or addition,
I'll qualifications of members of Congr IS
is not question between tlc federal and
state governments, it rests b.;ween the
state legislature and the people. The
federal constitution has declared that the
Ici:izeas Of every state have right to ex.
i"rcise their free choice in voting for men
lhaving the qualifications therein describ.
led, but some Of the state legislatures say
they shall not enjoy that right, but shall
be obliged to vote for members with such
qnslitica ions as we shall from time 70 time
prescribe, that we have right to pre-.
lscribe what qualifications we please, and
change them as often as we please, &c
The question before the committee of the
! whole, is whether or not every state legs.
lature has a right 20 abridge the people:
/, right OF choice of a member 10 re present
them in Congress to what extent they
think proper, and whether Congress:
, in the exercise Of its judicial power o
Judging of the qualifications of its mem
, be,s IS bound hy the various and chan
geable additions made by Individual stat,
; legislatures, or by the permanent and u
uiiorm rules prescribed by the constitution
which both they and The state legislature
have sworn TO support. In deciding a
= gteeable 10 the constitutional rule, Con
gress IS no; increasing its powers nor en-
Z croaching on the poWerl Of the state go
vernmenls. Il is only exercising ia con
! stitu,ioual authority in protecting III,
rights Of the citizens against the en-
crOachment on their liberties by their owr
SAFE legislatures, and in preserving uni
fOrmi,y of qualifications. Most ceriaiDl,
. the constitution secures to every citi2ei
e who has right TO give vote, right /,
I give vote tha,to any citizen cons i;utio0a!I,
D qualified whom he pleases. The Law o
Maryland says they shall no, have tina
8 liberty, they shall vote only for ma
Il who notwithstanding his having reside
c seven years, or probably all his life !,
Z the United States, has not so resided in
{ particular pa't Of district. They ar
3 entitled to cleGl two members, but sbal
i only vote for one Of them on one side O
!. given line, and Tor the other, on lh
i other side, though they possibly nigh
have resided not many perches apart
d but it is not so much the varied chan
o geable QUALIFICATIONS that have been pre-
II scribed as the variety and uncertaint
e of whist on this principle if admitted
], may he made, that renders It so high
e obje 6lionabIs.
i MIR +. said, there was ground to believ
that but few state governments had take
e thisground; he was certain -eVeral state
o had never set up such claim. lie woulc
d however, only nov ins,auce PcnnsylvanIt
is the state which I've had the honor to- r,
nj present. When The federal governner
ID went into operation, the question OF quail
q hcalions wa very seriously and deib,
n rstely discussed 10 The legislature Of tbt
i state. They were dis;d, d into psrli,