Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-12-20

this end, is admitted ; from which il may be
safely Inferred, Ms the end has invariably been
answered, that il is best promotive Of il. And,
although the effect Of sucn nomination may
not always be the concurrence of "a majority
OF the Electoral votes in the election of Pre-
sident, II will, at least he found the best prac-
tlcable mode Of uniting them in such "a degree
as to bestow on each Of the three highest can
didaies such large number of electoral votes,
as to leave little doubt of the one most rich in
popular favor, and hest entitled tn eventual
success in the II. of Representatives whence
two immensely important ends will he secur-
ed: an obedience of that body to the public
sentimenf-it not belng prrsumable that they
viii Disregard il when SD mnequivocally ex-
pressed and the elevation of man possess
ed, at any rate, Of large share of the nation
al confidence thus approximating. If not
reaching, the goal of all truly republican insti-
tutions.
An analogous course has been pursued by
the states, in the nomination oftheir respec
tive Chief Magistrates, in cases where the
election IS by the People. In some states,
there have been occasional special con entions
for this purpose: hut The cases Of this kind
have been rare. There can surely, therefore,
he nothing dishonest in means thus generally
used and approved, and followed by beneficial
effects. Are they interdicted by the Federal
Constitution
The members of the Federal Convention
were fully aware of the usage, and had them
selves, beyond doubt, very generally, in their
several states, participated in it. Had they
intended TO inhibit it, would not the prnhibi-
ton have been made in express terms When
we perceive them SO pointedly forbidding the
appointment of member Of Congress TO the
Office of an Elector, is il not sound inference,
fhs,t thsaU al 4
to nomination OF the President, il they had
| considered such nomination az improper?
The Constitution studously attempts TO de-
fine and protect the Representative character.
III declares that Representative must have
attained the age of % years. have been years
citizen of the u. States, and be, when elect
ed, an mhabl'ant of the state. And that Il Se-
nator must have attained the age of thiriy
years, have been nine Years citizen of the u.
States, and be, when elected, an inhabitant of
the state;
That no Senator or Representative shall,
during the time for which he was elected, be
appointed To any civil Office under the autho.
rlty of the u. States, which shall have been
created, or the emulumenis whereof shall have
been Increased during snch time and no per-
son holding any Office under the u States,
shall be nIember of either House, during his
continuance in office;
And that both shall be bound by oath to
support the Constitution.
But, here the restrictions end There are
nonr prohibiting either Senator ar Representa-
tive from holding state appointments much
less prohibiting them from giving their votes
as citizens of their states, or exercising any of
The political and civil rights of citizens. So
Tar from this, as it 10 supers EIDE all question,
and put down all legislation on the subject the
4 N NutU fntl1 4
powers not delegated tn the U. States, by the
Constitution, nor prohibited by tito the states,
are ed 10 the states respectively, or TO
the People" From which IL follows. that
the government OF the u. States has no power
To unit, or ia any wise impair, the rights Of
the People. l am not unmindful that the
phrase IN the Constitution is "puwers - hut
IN IT'S application TO the People, this term is
frequently, as IN this instance, synonymous with
rights 80 Po,Oer vested in the government
being sometimes made up of certain portions of
The - rights of the People. Now the People is
composed of citizens. 1t is the rights aud
power OF the citizens collectively, that con-
stItute the rights ans. power of the People.
Each man, IN virtue of his citizenship, has
Certain rights. Among these, are the right of
voting for his rulers, add, as incident to this.
the light OF advising with his fellow citizens
as to proper choice, ofayOwing his own OPT
mon, and collecting theirs and in this con
slsts The whole right Of nomination under con-
sideration
cilzrn is clothed with the confidence of
his tetlow citizens, on account Of his virtues
ard talents, and raised to trust and dighily.-
Does he thence forfeit these rights Do his
decreased means Of information aud 0bserya-
ton impair his faculties? No one has been
marcy enough to make the allegation. On the
contrary, those who have bestowed their con-
hdrnce IN hlm, when they fluid it is not abu-
sed, hook To him as their Mentor and hence,
what was before political right, becomes a
moral duty, and he IS bound, by the strongest
obligations Of Justice aud gratitude, to assist
those who rely upon him, with the lights of
his Judgment. No Constitution, worthy of
ireemen, ever did, no such Constitution ever
can, as The ciIIztn rises in dignity and useful
ness, strip him ut those rights aud priv lcgps
which wore his brih-rigbl, and which must
continue Ia constitute, IN every sttge Of his
life, his most bonorabl. characteristics.
Let il br remarked, however, that the con-
siuti7nal prov sion fOrb,ds from being an
pointed electors, not Ouly Members of Gun
gress, hut persons :" holding an office Of trust
or profit under the United States" II is not
extratagaot 10 say that this embraces, AT least.
ten thousand nd,Iduas. If Members ofCon-
SIfbS are ulslTdncbl5tu oI tue common right
of advising aud Illuminating, so are these In
divlduals- from the President Of the United
States down To the huinblest commissioned
"tfcer ia the army. The idea is prrposterous I!
Enforced as il has been. for particular purpn-
ses, Sc iar IS II is applicable To Members of
Congress, il has not been even touched in r.
lailon 10 the great mass Of executive aud iu
dcisl officers of the United States. what
would be the effect &c dpprl,ing these men of
such ~ important right, bat To make them e
separate caste, possessing different aud diss-