Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1865-11-16
An Able Exposition.

Hon. A. IT, II. Stuart, member elect toCon-
gross from the Augusta district, has published
very calm and forcible review Of the positions
taken by the Editor Of the New York Times
and others in regard tn the Congressional test
oath lie quotes from the Constitution of the
United States aud the debates in the Conven-
ton which framed it 70 show that no political
or religious test oath can be properly passed by
Congress. The following paragraphs present
the main points with great force:
If we turn to the Constitution itself we VIII
find that the views Of Mr.. Madison were adop-
ted by the Convention, and that tired Qualif-
cations ceTe Incorporated into tie Constellation
which can neither be added to nor diminished
by Congress, and can beateredin no other way
taan 10y an amendment Of the Constitution.
The definition of the qualifications Of mem
lors Of the House of Representatives. viii be
found In the second clause of Sec >. Art. I. of
the Constitution. which is in these words:
"N0 person shall be q representative who shall
not have attained to the age of twenty-five
years, and been seven wears a citizen of the Uni
ted States and who shall not when elected be
an iuhabitmt Of that State in which he shall
be chosen.
After defining thequali6cations Of Senators
which differ materially from those of represen-
tatives, the Constitution, IN the last clause Of
the 81 paragraph Of Section Art. /. imposes
disqualification which is in these words: NO
person h0ldngmy Office under the United States
shall be q member of either House during lis
continuance in Office.
These are the only limitations on tbe power of
The people 70 elect whom they please as Il cir
representatives. In the absence of these HBi-
tati0ns, they might have chosen minors. aliens
or n0E-rcSldCntS. But the Constitution has
wisely restricted the range Of selection TO per
sons OF mature age, and who are permanently
identified, 10y citizenship and residence. with the
country and their immediate constituents.
These limitations being fre3 6y he Corsti-
tldioR, maintain that Congress can neither ada
20 OF take iron them and that they can only DC
changed IN Che mode prescribed by the Consti-
tuition for IT'S own amendment.
I'm this view, l am fully sustained hv the
Feleraiist, which y0uwiil concedc 90 lie the
most authentic exposition of the Constitution
Ia the 3zd number OF those papers Mr. Nadi-
son discusses 90 large those clauses of the Con-
sututon which refer % the rigltof suffrage and
eligibility 70 office. Having disposed of the
first branch of the subject, be proceeds to saw:
The qualifications of the elected being less
carefully and properly defined by the StateC5D-
stitutous, aud being at the same time. more
susceptible Of uniformity. have been very pro,,-
efly con dTcd Gad regulated byHe CaHreHf;os.
A representative of the United State, unst he
o. the age Of twenty-five years must have been
seven ycfrs citizen of the United States
must atthc tine of his election. be am iubali-
tant OF tie State hcis o. represent. and. during
the ume of hl> service, mrst he I'm mo- office
Cnder Che Ouited States Ji3er Ncss reason
-a4s i,adoiiogs De deoref Ills gq4of he Fsk
a'H 6ore'nne',' IS open 10 merit Of erag des-
crpi'oR' whether native or adaptive. whether
young or Old, and without regard toloyertv or
wealth. OF % any particular profession of reli-
eious faith.
To allow Congress by the imposition Of test
oaths, Oh exclude those 70 whom enc C,nsfit,,-
zion has declared that De dor ssal De- o1,D i
substantially 70 recognize the power Of CON-
eress % change the organic law. and viii ~
followed bv an the evils which Mr.. Madison so
Pr0Phc'icnlly loretold.
But notwithstanding this clear exposition Of
the case, the House Of Representative win pro-
badly insist onits radical warmoasuret to exclude
Nr. Stuart.