Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1865-10-24


4 would be fair dealing with the Southern
! States, to meet them at the threshold of Con
gress, and at every department. of the gov
Eernment, with a disfranchisement, which
would exclude from every public trust, prob
i ably nineteen twenteths of the Southern pop.
uIation? This would truly be keeping the
1 promise of re- union to the ear, but breaking
It to the hope. When the South accepted
the proposition for reunion, it was for re-
union on the basis of equality of rights-re-
union under the Constitution. No other re-
. union ought to be desired by magnanimous
victor, and no other would Le productive Of
that permanent harmony, and of those solid
and substantial benefits, which we all hope to
attain by it.
think, therefore, that justice and sound
policy require, that this test oath should be
put aside, as other portions of the machinery
Of war have been put aside.
| But, before closing my letter, beg to Of
| fer few suggestions on the constitutional
question. 1t too often happens, with parties,
as with individuals, that in their extreme
anxiety to attain present benefit, they over
| look ulterior mischiefs which may result from
the means employed. This seems to me to
be one of those cases. Congress, in its ex-
treme anxiety to exclude disloyal men from
office, has itself been guilty of serious, and
/ fear dangerous, violation of popular right,
and of the Constitutional prerogatves of the
| Executive and Judicial departments
If you s9;;Il refer to the proceedings Of the
Convention which formed the Constitution
of IT. s., you will find, that there were no
two subjects which engaged more of the at
tention and anxious care Of that body than
the regulation of the right of suffrage and
eligibility to office. All ccncurred in the
opinion that both those subjects fell pc
culiarly within the proyince of the organic
law, and that they should be regulated and
defined By the Constitution.
Mr. Madison (see Madison Papers Vol. III, p.
1295) in discussing the subject said-ssThe quail
ifcations of electors and elected were fundamen-
tai articles in a Republican government and ought
to be fzed by the constitution. If the Legislature
could regulate those of either it can by degrees,
snbvert the Constitution. A Arepublic may be con-
verted into an aristoeracy oligarchy, well by
limiting the number capable Of being elected, as
the number authorized to elect. In all cases
where the representatives of the people will have
personal interest distinct from that of their
constitu ents, there the same reason for being
jealous Of them, as there was for relying on them
terast Tbis vac ope of the fa,snsr
was as improper, as to allow them to fix their
own wages, or their own privileges. 1t was a
power, also, which might be made subseryient to
the views of one factien against another Quali-
atoms, founded on artificial distinctions, may
be devised by the stronger, in order to keep out
partizans of O weaker faction"
Tn the course of the same debate. as report
ed in the succeeding PAGE of the same VOL
uma5 Mr. Madison observed sstbat the British
Parliament. nossessed the powerso Of reoula-
tino the ouaG6cations both Of the electors and
tha elactad and The ah,se tbev had made of
i swas ! lesson worthv of onr attention =
They had made the CHANGES in both eases
snbssrv;ent 10 their own views orr the v;o,vs
of no,itical or relirions narties" !"
If we turn to the constitution itself. we will
find that the views of Mr. Madison were
adonted bv The Convention. and that fred
audI;eeat;o,s ,re,e ;,,cornor6,ted into fbe ron.
stifution when can neither be added to nor
diminished bv Congress- and can be altered
I IN no other wav. than by an amendment of
| tl,e Constitution
o,:eo.;aoe
hers IF the Honse of Renrescntat;vcs will be
found in the second clause of Sec. 2. Art.
of the Constitution which is in these words
+ sNo person shall be ! representative who shall
NOT have attained to the aoe Of twentv.f;y
years. and been ven wears q citizen of the
I Tinted States. and Who shall not. when elec.
ted he an inhab;t AMI. of that Stata IN wb;cb
he shall be chosen,
After definino. the qualifications of Sena.
tors. which differ materially from those Of
repyesentatiyes. the constitutions in the last
clause Of the 2nd paragraph Of Section 6
Art. / imposes a disqualification. which is
ia these words. ssNo person holding auy
IF, 10 ,ndar tbe Tynite3 States shall ho
n,o,, bor of o;tbor Iou.o dnr;nc, b;s ooY,t;,
''io'Apei VI = -, iiou'o u0iin niS eoi'ih-
uance Ia once.
These are the only limitations on the pow
er Of the people to elect whom thew please
aa their rsnrasnnta t;vas Tn tho absonoo &c
- - ~ -
@ 'i'l q. 'noy nave choseh
minors, aiiens, or non-fesldents But
Ifr1ti hesy efod