Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-25

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I'm such district as a member OF the House oil
REPRESENTATIVES of the United States. THAT Is, we
presume, that under this law, the persons quaihed
the freeholders could vote for no other INT and dis
Greet person except freebooter and resident with
in the district. This law continued on the statute
book of Virginia, until after the third census that
of no, and was repealed so far as the qualitica
tons of being freehoder and resident within the
district were required, during the session of the
enlightened Legislature of lSl2-and the provi-
sion substituted that the qualified voters should at
each election, vote for some discreet proper per-
son qualified according to the Constitution Of the
| United StIses.'' We are appraised, gentlemen,
that great have been cited in support OF the
cons,itu,ionality and wisdom oil the provision oil
the old law above quoted even the names OF
Richard Henry Lee, and Patrick Henry, the CT
zero and Demosthenes Of the Old Dominion. But.
may we ask, where is the proof that these great,
eloquent, and vrtuous men, lent their sanction TO
| this provision of the old law! We believe the
former from i'll health not in condition TO serve
his country, at the period Of the adoption OF the ie
deral constitution. We think So because some OF us
have heard so; but more especially because, from
an examination of the Journal Of the Federal Con-
| vention who framed the Constitution, and of the
State Convention who ratified it, we cannot per-
ceive that he was a member of either. We can
hardly suppose that such man, Of his pure, IN
sullied virtue, tried patriotism, profound erudtion,
deep research, and brilliant eloquence, would have
been overlooked by Va. these great occasions,
! If he had been in condition TO serve his country.
However on this point, are willing to abide by
| the aTcheves OF the commonwealth. We incline
to the opinion, that gentlemen i'll their zeal, have
mistaken Gen. Harry Lee, for the distinguished
| statesman, Richard II. Lee-If so, they W ell
come to any advantage which they can derive from
his political principles. we had hardly supposed,
that the Republicans of Virginia, especially those
| of our District, (however grateful they may, in
common with us, feel for the military services of
this gentleman in the war ofthe Revolution } would
have selected him, their model, either in politics
| or principles As,o Dir. Henry. he may have been a
member OF the House of Delegates, when this pro-
vision OF the law found lis way into our code
but that proves, neither that he was the author of
the provision nor that he scanned it with his usual
| accuracy. Upon this point also, we ask for the
record. All we know is, that in the state con-
vention of 'Ss, OF which Mr.. Henry was most able
and conspicuous member amidst all his Jealous
and Jealous guardianship of the rights of The State,
and of the people, his severe and just criticism of
the defective parts of the constitution his aw full
prophecies, some of which are history now land
to try and prevent more from becoming so, was a
leading object with US, in the late eleciion,) he
uttered not word in opposition 10 the clause Of
the constitution before cited, and which allows the
freeholders, when they see cause to select their
Districts. He was not man 10 be jealous of tie
people when lett free to according TO their dis
cretion. He never attempted to restrict them in
the exeI else OF their constitutional privileges He
was willing to leave much, very much TO their
Judgment. The same remarks may be made in re-
gard 10 the conduct of Mason and Grayson- the
eornpatriots of Henry in the convention. They
breathed not whisper that reached the public, in
opposition 10 this clause Of the constitution under
u we ted thap sLat ~,
through the purifying crucble Of these severe and
distinguished and watchful men, and they found
no alloy in it. Haviag thus removed the mpedi-
nents which ingenious and deceptious statements,
(made 10 take advantage of your patriotism and
anable prepossessions) had thrown in the way of
calm and grave reflection; let US ask you, if the
law OF '9l, quoted above, so far as ii attached
additional qualifications to your representatives
en- Congress, to those prescribed ia the great
charter Of our liberties, tods Constitutional
VIII you go back and read diligently the clauses
have quoted? Do you think that, under The
power 'to regulate the times, p aces and manner of
holding elections,' the legislature has the right TO
increane or diminish the qualifications of the Re-
representatives., 10 alter them in any re-pect. as de-
fined in the constitution! Are the qualifications
OF the candidates, at all connected with the month
or day of the election-the eourt house, or other
place at which il may be held, or the manner in
which il shall be regulated wi neither by general
ticket, by districts, by countless the votes taken
by the sheriff, the coroner, mayor given viva
voce or by ballot, Sc? We presume not. Ii how
ever, we are wrong in this opinion, and The power
vested In the Legislature I" TO regulate the times
places, and manner OF holding elections does in
clude the power to add to, or alter the gualifica-
tions Of the Representatives, the elected, by the
same parity OF resoning, does it not include the
power TO add to, or alter the qualifications of the
electorsy VIII you be pleased 10 draw the dis
tnction? But " the Congress may by lao, at
any time, make or alter such reg ulQtiOns, except
a. TO the places OF choosing Senator'S" Hence, if
the legislature possess the right, by virtue of the
power TO regulate the times, places and manner
of holding elections" to alteI the qualification of
tie elected, or electors. by increase or dimnu-
ton thereof, the Congress possess a controlling
power, because they can By law, alter such resu-
ations OF the states, or make others, at their wi
and pleasure. Are you willing, gentlemen NV con-
tending for power not granted, TO open the door
TO furnish an excuse for sweeping regulations of
Congress On these vital subjects? TO authorize
them to say, what qualifications your Representa-
lives shall possess, and upon the same principle.
what qualifications you who vote shall possessS
DO you not perceive the dangerous Consequence
TO which your doctrine will lead? And how long
gentlemen, since you became advocates for snv
construction OF the constitution, which may have
tendency TO enlarge the powers of the federal
government! Inc true doctrine is, TO nail d0Uu
both the state sad federal government 10 the strict
letter OF the constitution keep each in its respec-
tive orbit, and the Republic may be saved The
weaker party should meyer attempt TO encroach.
We conclude, therefore, that The old law was TN
constitutional, and u course unwise- while that
which repealed it, is entitled to all praise.
SO much for the first proposition; and we hone
we have established the principle that we had the
constitutional and legal right vote for any discreet
and proper person, eueH on! Of the District,
who was an inhsbitant Of the state, rs years old