The North-Carolina standard., 1849-01-31

gives no beneficial interest to the freeh0lder il
whom the estate was vested for the use and benefit
of another entirely. It is manifest that such free
holder does not stand in such relation to the prop
erty and the country affords reasonable expeeta-
tion that he will exercise the elective franchise upon
the motives and to the ends for which the property
qualification is required. A mere mortgage. that is
not in possession, has the estate barely Sc
curity for sum of money and trustee in the like
condition holds the title exclusively for the bene
of Others If often happens, that the legal estate
outstanding the trustee long after the debts are
paid other trusts are satisfied In which the
trustee cannot rghtfully enter for any purposes but
is bound to reconxey the land upon request. If such
trustee were allowed to vote it would plainly yio-
late the policy and meaning of the Constitution, and
not less, its language If however mortgage take
actual possession by himself or his essees, he be-
comes thereby freeholder in possession. Indeed,
he has substantial interest, well the estate,
and is in fact enjoying it. and therefore his right to
vote is unquestionabe. 1t is not so obvious that
rustee in deed to secure debts to Others is within
the fair sense of the Constitution, though he take
possession; and it hardly be doubted that Were
the Constitution such instrument deals in de-
tails, such trustee would have been expressly ex-
cluded, had the occurred to the Convention,
that to the words possessed of freehod, - would
have been added 6 to his use,o provis-
Ion of similar import But the Constitution, in fact,
contains such qualification upon the right of the
reehoder In possession to vote and therefore though
not plainly within the reason of the Constitution
trustee who is in possession in the actual receipt
of the profits, though not to its use, is fully
within the express words of the provision in the Con-
stitution as it is, and consequently he mustbe admit
ted to his vote. For there is authority for judi
dicia Legislative Interpolation of exception that
the person must be % possessed to his own use,,
when the Constitution is not thus qualified, but is
expressed In language, not In itself of doubtful I'M
port, but having clear and settled sense.
The question of the Senate has no reference to the
possession Of the land by the trustee; and it must
therefore, be understood as referring to the right of
to him, vesting the legal freehold in him. Thus uR-
derstood, the of the Judges tot is, that in
their opinion such trustee is not entitled to vote.
But, at the same time, they deem it their duty to
say further, that they likewise of opinion that if
mortgage go into possession of the mortgaged pre-
misses receives the profits if trustee, in such
deed that all along supposed, actually enter into
possession take the profits, for the requisite peri
cd, then the former, undoubtedly, in the opinion
of the Judges, the latter also. is entitled fora
member of the Senate.
1t viii be observed that the effect of these answers
is, that, except when the Trustee is in possession,
neither the Bargainor the Trustee be allowed
to vote may possibly to the minds of some,
as objeetonsto the principles laid down. that the
land is thereby excluded from representation alto
geher, and In doing. that the Constitution is dis
regarded. But the objection though it may as first
appear plausible, has real force; for the land is
in case represented. The right is in the ow ner
1t is true, the right is conferred him respect to
the land: Bat it IS only for the security of his rights
ana INTERESTS as cltl2en ana owner OF land and ne
lis not obliged by the Constitution vote, OF, after
once acquiring the right to vote not to part from it.
The truth is. that thereis great deal of land on
which no one votes can vote as, for example,
that belonging to single women and infants, and to
persons residing in different district from that in
which the land lies So, if conveys his land in
such to leave in himselfa s'freehold'
he, of course, parts with his right vote though he
continued to occupy the land. But it does follow,
that by depryng himself of that right. he transfers
it to the aenee of the freehold. For, while the
former cannot vote, for the of the free
hold, the does not become entitled vote
by having the "freehod, unless he has also become
possessed of it. There is, consequently, in
consistency in holding that neither of them is entit
ed, when the Trustee is in possession either
tually or by receipt of the profits. ..
am, sir, with very great respect,
Your most obedient servant,