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

mat,cai. Such cases do not properly testthe prin-
ciple advanced, but always tad In the iu,por-
! tant requisite of happy illustrator.
lwli state case otfrequcnt occurrence, fall
ling within my o.n observation A friend.
within my district, has purchased farm In Lou
>,ana, and caihsatos it with tue creator part of
hs iorce,1n the CROWN CT cotton-His family
resides on his Farm III i cntuckv, and, during
the year, he speiidS portion ofhs iinlc in eacl,
state. Is he al inhabitint alternately oil these
states, rs lie may occasionally reside il the one
or the other' Or, is it necessary for me 20 say
that, IN accordance with the scundest rules OF
constitutional construction, he is 4 citizen and
am Inhabitant of Kentucky. The decisions of
the hrst judicial tribunals in our country, fully
exeinpliiy and sustain this position
a citE:en OF Virginia has resided many wears
IN Kentucky, in the transaction of private bust
ness He has uniformly claimed citxensl.ip in
irrina; and. for the adjustment of his titles ia
land, suits have been prosecuted by him in the
federal court. Objections were made 10 the
jurisdiction o! ihe court, and oyerrued, upon tie
ground that he was 4 citizen of another STATE
The greatprinc;pIr established in these cases is
this That no person Shall be co.npellci to ey-
patriate himself or to remove his citizenship.
Shall we, then, compel the sitting member to
rcnouncc his native state against his own cen
sent, and the consent ofhis constituents
Ii this be doubtful question:, what shorld he
our course Leave it with thc people There
is the safe deposite. Reverse their decision.
and yon may trench upon their rights You
may do Iolcnce to the most incstiinab.e priyi-
iege--i!e privilege of scfgovernment.
Eut is said that NC may establish danger
ons precedent, By which the influence of the
Executive Departments will eventually prevail
over the virtues Oh the people.
such suggestions are not the result of a cool,
deliberate judgement. The Executive has the
power 20 appoint members of this body 10 Off
ccs OF the highest responsibility. If the cons;i
tuition permits this, without danger TO our Iiber-
ties, much less Is danger TO be apprehenied
nom the case under examination. And if, by
possibility, Executive patronage could be so
eXerted as to procure the election OF an indivi-
dual to Congress, who was absent from his Dis
Get, might not this influence be much more ca
silly extended to an individual who was present
at the canvass? in either case, the result can
not be dangerous while the decision rests with
the people. / am not convert to the doctrine.
that You are to save them from their own worst
enemies, themselves. They know their own
interests, and my confidence is based upon thcir
virtue and integrity, and not upon these techni-
cal barriers. You cannot corrupt the great bo-
dy of the people. IN small bodies only, cor
ruption wields il force.
The report OF the committee afixes to the
word ''inhabitant," the definition which bcionrs
to the word resident" The Journals of the
convention shew that the word resident was
stricken out, ard intGt;tant inserted. This
was done for some purpose. The word resident
carries with ii no definite idea bcvona That OF
''local existence" At this time am a resident
but not an .'lha5itast OF the City of Washing
ton.
Residence may be temporary or permanent.
inhaDitancy Is stronger tcrin-permanency is
ITS essential characteristic. 1t means a settled
home, with the intention to dwell and remain
there indefinitely; and temporary absence NO
more effects 1T, than 1T does citizenship. I:la-
btancy does not depend on the contingency OF
owning property; but upon intention alone.
Shall we then yacate the seat of the member
ON mere presumption against matters of fact,
The case of paupers has been noticed in the
report OF the committee. With what view can
not be clearly asccrtained. The object Iyonld
seem TO be, TO furnish 4 rEIe applicable TO ex-
patriatioD. I'hc reference is unfortunate. and
by no means correct. There is no analogy in
the two cases. In relation TO raupers, a rigid
construction has ever been applied; !,nt to the
representative principle, ! liberal construction
has always prevailed.
L !iS iSi9Jii II oo' luIS. ne rigntS and inter-
ests of the people are advanced 6y liberal con-
sttucton in the one case, and rigid one in the
other. But, i'll the question before us, we need
not resort TO construction. The SITTING. mem
Der declares himself an inbabiant of Massacbu-
sets, and his constituents recognize him as
such.
The evidence is conclusive; The uniform de-
clarations of the party; the evidence of several
persons of high character sustaining and corro-
5orating these declarations; his refusal TO exer-
else the privileges belonging to the inhabitants
Of this place; his boarding at tavern; having
left his property in his native state; the cores
pondence which took place between him and
his constituents; the manner in which he was
elected. With this volume of evidence before
us, shall we proclaim TO his constituents that
their confidence has been misplaced, in the cleo
ton of person who is alienated from their state
and a citizen of this District
The principle to be decided, though impor-
tant to the sitting member and his Immediate
constituents, is mach more so to the people OF
this country. For, to the free exercise Of the
elective franchise, we must look for the stabil-
fty and duration OF this happy republic.
IN SENATE.
WEDNESDAY April IA, 1924
Several bills, which were read yesterday, had