Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-04-20


clerk, who performs more ofthe drudgery of the
business; but no constitutional advantage can
be claimed in virtue of this public favor. Their
tenure OF Office is the same. Eachis subject to
the will of his superior. Either may resign, or
the Office OF both may be abolished. Ministers
and cqnsuls, wherever located, are placed pre-
clsely IN the same condition; and we are not au-
tborzed by the constitution to change the rule.
Why we should attempt to vary it in this case,
Is unaccountable.
The greatest difficulty, rs to the intention of
the party, is this that the sitting member is
not surrounded with wealth--as To property, his
condition is humble. 1.-The were possessed of an
extensive paternal inlieritancc--if he had left
behind him large domain and splendid domcil,
it would not require the testimony before us to
induce belief that he intended to return to his
native state. believe, sir, the most incrcdu-
lous would have admitted the fact. This is one
OF the disadvantages of poverty. know how
TO sympathise with those who are not blessed
with ailluence.s Sir, will not disbelisye the
ositivc;tcstimony which declared the fact of
hisunif0fn intention, up to the time of his cleo
ton, not to renounce his citizenship, and his de-
termination to return to his homo in hIassachu-
sets. Believing as do, that he was constitute
onay eligible, L feel more DESTROYS that his
rights, and the rights Of his constituents, should
be fairly presented and impartially decided
What are the facts III the case before us
The member is a native of Massachusetts; he is
intimately acquainted with the policy and inter
cs1 Rpat state; lie IS presumed 10 participate
in ceilings Of his immediate constituents;
nc f9Vbecn reared up in the bosom OF that soci-
CT, where his father still resides, and is bound
to them by the strongest ties; lie has been h. lor-
ed, on several occasions, with Il seat in their
State Legislature. y few years past, lac was
appointed to discharge The duties of clerk in
the State Department, within this District that
trust was accepted, with the positive declaration
that he did not intend to reside here permanent
ly; that he did not intend to renounce his native
state; and that Massachusetts was his home.
During his residence here, he boarded at ia
vern, until within some few months previous to
his election, and occasionally returned to Mas
sachusetts. He purchased no property here;
and that which he possessed, consisting of near
200 volumes, was left IN that state. He has uni
formly avowed his citizenship in Massachu-
sets, and has declined all participation in the
concerns ofthis District. His constituents and
himselfhad intercourse with each other, and I'M
derstood, much better than we can know, the
relations which existed betwccn them Consi-
dering him citizen and inhabitant oftheir state.
they called upon him to know whether he was
willing to serve them In Congress. He yielded
10 their solicitation, and was elected by a major
ity of all the votes in the district No person has
claimed his place. But his eligibility has been
contested, in remonstrance signed BY TWENTY
SIX persons only, and enclosed under blank
cover, to member of Congress, and we are
called upon TO vacate his scat.
contend, that the words s'citizen" and Sim
habtant," arc words of similar import, so far as
this clause in the constitution is concerned.
They are synonymous as regards eligibility to a
scat on this floor.
To render this subject more plain and familiar,
remark, that continued residence is not essen
ial 10 ether that their is perfect analogy as to
the permauence Of the settlement.
The committee have resorted to Vattel's Law
oil Nations, for definition of the term 'sinhab
tant." The essential part ofitis in these words:
"the inhabitants, as distinguished from citizens,
are strangers who are permitted to settle and
stay in the country" Is this the exposition that
should be given to that term, as used in our con-
stitution? Permit me TO illustrate this position
by plain case, in order to test its correctness.
Suppose citizen of an adjoining state should
go into the state of Kentucky, and there take
temporary residence, in the transaction of
private business, with the avowed intention of
returning to his home, and family that he had
left behind him-would he be eligible to Con-
6'S9o iAohi .hShttChy, liilS re-
sidence? l presume none would contend for
such doctrine. For need we apprehend the
least danger, that the people will ever become
soreGardless of their own interests, as to elect
a person under such circumstances. And whyo
For this important reason, that he would remain
citizen and lnhabitant OF the adjoining state.
Yet, the definition from Vattel, connected with
slocal existence would contrayerc this obyi
Gus position.
can never subscribe to such doctrine.
There must be anintention permanently TO set
tie, to make him an inhabitant. Citizenship
being term of the most extensive Specification,
includes inhabitancy. A citizen is ALWAYS an
inllabitant, within the meaning of the constitu-
ton. SO far as regards the office of the Fede-
raj Government, they stand on an equality.
Such equality exists in the State Government,
except so far as state laws have required a GER
tain period OF settlement to confer eligibility.
With this exception, they are entitled TO the
same privileges, and subject alike to the reom-
sltions oithe state authority.
Who denied that the sitting member is CHI
zen of Massachusetts? Ifa citizen, he must be
an nhabtant. He might forfeit his citizenship
IN Massachusetts, by permanent settlement in
another state, where he would immediately be-
como eligible To Congress- and this might hap
pen before his residence in that state had been
OF sufficient duration to entitle him, according
to its Laws, to all the rights of a citizen. Tins.
a citizen Is always an inhabitant, but an inhabi-
tant Is not always a citizen. No individual can
properly be regarded as citizen of ono state.
and an nhabitaDt of another. If he could be
so con'idered, this gross absurlity would follow,
that he would be eligible to Congress, at the
same moment from two different states: for eli
tNeDshlp cannot sink below inhabitancy; and il
sill scarcely be contended, that n citizen is in.
eligible while the constitution confirms tic inba.
bitant in the enjoyment of this right.