Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-04-20
Eighteenth Congress.
OF MR.. J. T. JOHNSON OF
KENTUCKY


tie l1h Of March, on TIE contested election of
| JOIN Ba!tey, member from, Massachusetts.
Mr.. Chairman should not have troubled,
the committee on this occasion, but from deep
conviction of the Importance of the question A.
bout to be decided.
Having determined to submit nv views at
some period of the debate, avail myself of the
the present moment while the subject possess
scs both novelty and interest. The quaiificati-
ons OF representative to Congress are pres ..ibed
| by the constitution of the United States.
AT the period OF his election, he must have at
tanned 10 the age of twenty-five wears, been Sc
ven years citizen of the United States, and an
lnhabltant of that state in which he shall be
chosen. Congress, in tie picnitude of constitu-
tonal power, has no right TO increase or dinin-
ish these qualifications.
| The question under consideration is confined
to the sole inquiry, Whether, at the time of cleo
ton, the sitting member was an inhabitant ofthe
state of Massachusetts,; in other words, whe-
Their his absence, at that period, was temporal
ry or permanent whether or not he intended. TO
renonnce his citizenship in his native state
The inquiry involves matter of fact, as 10
the permanent home of the party; and | shall
attemptto establish the position, that the inten-
ton to return, in cases of absence, constitutes
the pivot upon which the decision must turn
Ii any other rule be adopted, citizen NAV be
disfranchsed against his consent. In truth,
gentlemen who substitute different rule are at
war with themselves.
| 1t is admitted by some, that our foreign min
listers and consuls and the secretaries Of the diff
feront departments located within this district
continue to be citizens and inhabitants of the
states to which they have been selected, and are
cons!ituiionaliy eligible as representatives in
Congress. Others deny this position, so far as
| regards the secrctarys of the different depart
monts, and advance the principle that foreign
ministers, consuls, and commercial agents alone,
are embraced in this liberal rule reconstruction
which prevents forfeiture of ciizenship and in
habitancy In their respective states and that
those only who COMPOSE this class during their
absence are eligible TO seat in this body. Both
concur IN the exclusion ola clerk, who is equal
ly IN the employ of the government OF the United
States.
Tins diversity of sentiment, with those who
oppose the sitting member, added to the doubts
and difficulties expressed by other intelligent
members, should impress us with the necessity
OF pausng, and delibcrating maturely, before
wedistranchise, for the time being, portion of
the citizens of Massachusetts.
In case OF bribery or corruption, it is the So
Tenn duty of this House to interpose, and pre-
serve unsulied the representative character.
| But, to the honor OF the representative, and TO
| the people, ofthatccngressional district, no such
practice IS alledged or pretended. The choice
was voluntary, proceeding from the impulse Of
| unbiased preference. We should then be eau
hous how we trample on the right of suffrage,
and stif!e the voice of the people. 1t is a right
which should never be denied, except in cases
where there is clear and explicit constitutions
al inhibition in cases where there exists no
reasonable doubt of the ineligibility of the
member returned. | have deemed 1t my duty
| tn into ha cf .:
onal clause, which, qualification for Re-
presentativem Congress, requires that he shall
| be an mhabitant of the state in which he is cho-
| sen; and the result of that examination has
been satisfactory.
| Letu conhne our attention, for amornent, to
| the definition which the report of the committee
has given to the word &c inhabitant.n The def
milton given confines it to 'loCality OF exis-
tencc."
| As necessary and irresistible consequence
of this definition, are all inhabitants of the
District of Columbia-or we may be inhabitants
of any state, territory OR foreign country, where
we may happen temporarily 10 reside in the
transaction of private or public business. This
is certainly fair inference from the premises
but it is too palpablc violation of common sense
to meet the sanction of this body. What is the
principle advanced in the report of the commit
tee i'll relation TO foreign ministers ? They
wisely abandon this rigid rule of construction,
which declares that inhabitancy follows the per-
son whercverhe may have s'local existence.n
They expressly admit that foreign ministers arc
not only citizens, but also inhabitants of their
respective states, although transported to for
! oign countries, many thousand miles from their
own shores; and, though they may have resided
| abroad for a number OF years, no right has been
impaired, nor any privilege abandoned by this
temporary absence. BY this identical clause of
the Constitution under consideration, they
are secured in these rights and immunities and
eligible TO scat in Congress, although elected
while absent in the service Of the government.
II is the right of the people TO make thc solec-
ton, and Congress had no right of d;ctation.
The sovereignty of the people IS ilyt fcd in the
choice; and, upon the principle of representa-
tive government, it would be usurpation to in
| terfere.
Cases precisely in point, such as the election
Of foreign ministers, during their absence from
this country, have occurred. Such a case now
exists in this body. No opposition has been
made TO it. All have yielded their fall assent.
70 what conclusion does this principle conduct
US? Doubtless the very principle which actu-
ated the constituents of the sitting member.
| This is the principle for which contend, and it
| has already been conceded.
We are now driven to the necessity Of 1scer-
| taniDg the permanent home Of the party. In
cases of absence on public employment, or on
private business, ifdoubts arise as to the inten-
ton of the party TO return, We must resort t.
facts as the only safe foundation on which to
rest our decision. I'm the nature Of things tits
impossible TO avoid this inquiry. Was the abb
sencc permanent or temporary, Iappcal to the
can.Ior Of those who believe in the eligibility of
the Heads of Departments located I'm This Citv