Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-03-29

CoTp1cD&caitpt u! tnS on
and owes 10 allegiance thereto X tnigh.
well therefore be true, that inc CASE =
made by the pleas, mlsat be IN ia.ot o.
the Appellant. and yes that ne IS pf' on,
bited from recovering upon tne "esSe'
ground Of claim admitted by his own oe
claration. ~.
With respect to the right OF a el'izeh I.
or subject OF a foreign govefn'hstnts, -
mermedele With the civil petty OF ' n
GINA, and especially, to exercise tue AM
iaportan, funetio of legislation the
matter cannot admit of a posse'e doubt
Such subjects or cltlzens cannon eAe'
else this inestimable right, as :hsy sNe
to the commonwealth no corfesFona any
| duties, and would not be amenae'c 10
me laws by them enacted. They cannot
| exercise this right, in person tor thelr
personal attendance may be necessary
at the same time, in their own country
| and besiics, in time OF war, they "ouio
be prohibited from coming here tor the
purpsse.-In some small demoeraeies
| the people have exercised the Legislative
power, in person and this Princ'P'e Is
| not lost sight OF, when, owing 70 the ex.
tent of the territory, or the numbers OF
the people, they arc eompelled to exer'
else that power by means of deputies.
This ne cessity of acting by agents. does
not change the principle; does not ie'
in, to the appointment OF such deputies,
persons, who but for the necessity afore-
said, would be inhibited from acting IN
| their primary and original character, IN
other words, none arc competent 10 H-
gislate mediately, by THAR representa-
tiyes, but those who would be adm'''ea'
but for the impediments atoresald,to OK
ercise the RICH, in person.
It follows iram these premises, that
before this great principle shall De de-
parted from, it ought, at least manifest
Is to appear. from the act ct government
itself, that all exception has been expii-
city asssnted to by the people : IN
cass in any degree equivc"al, the gene
raj principle would undoubtedly turn
the scale.
There i. no such exception TO be
found. in the constitution of this COM
monw eaith, -Tha. instrument and the
declaration of rights on which tits oasea;
has no eve towards the subjects OF To-
reign powers 1t only purports to &C.
clare the rights, and settle the duties
of those who are parties to the compact.
There is not only no such eScep'ion'
in thas instrument, but on the contrary
The converse is explicitly declared ai.o
expressed. The declaration OF rights
| is stated to have been made by the re
personalities f" of the coed people OF
Virginia :" and it is declared that these
rights " do pertain to them and their
pos,erity. as the basis ard foundation o.
government. This instrument, there
fore, can never be construed to oesto"
the insstimablc right Of suffrage, upon
aliens and eremies, who have no "pef-
manent conmou interest with or attach"
mcnt le'' this community; who owe Pa
rameunt ard conflicting duties 30 other
sovereisns; who have superior attach
meats in other countries; and who, IRON
their residence elsewhere, cannot per-
form duties, which imply the necessity
Of a residence within this commenw ealth.
On tho case made by the declaration,
,berefqre. the Appellant is, clearly not
entitled 70 recover.
With respect to the ground supposed
10 he taken by the pleas, as aforesaid,
while we are free TO admit. that 1t is
weaker for the appellee tran that made
hy the declarations which admits tho APP
petlant t. he no citizen, and leaves
great discretion TO the officer, as to the
fact Of foreign residence, we are OF @,
pinion tia, ihl provision OF the act o.
1903, liz relation, 10 Ill In conformante
wib the principles ef 'he constits,Icn.
As the con:tltution is 10 be construed
as aforesaid, only in reference to oui
own citizens, so such OF them are not
embraced by its provisions, in favor OF
the right of suffrage, who through alb
sence, are disabled fron. performing the
duties in question; through other t'es
OF allegiance, temporary or perpetual
are thrown int . scale conflicting with
their duties ard allegiance TO this com
monweal,h and whose foreign resi-
dsnce dimirishes their former " COM
mon interest with and attachment to-
this commonwealth. Persons standing
IN his predicsment, Cannot be admitted
to the right ofsuffrass. without running
counter 10 all the principles on which
that right is founded.-As we'll might
resident citizen claim to vote. after he
had parted with that freehold, which
guaranteed his attachment to the CON-
munity. /
In thus deciding against the right Of
the Appellant, upon the general pribci-
pies Just mentioned, the court Is, by no
means, disposed to admit, that that re-
suit would be varied by any Of the leg's-
la,iye provisions upon the subject. On
~. rarurrer a. to tne y6rlnnS