The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1865-10-25

ell 10 cnforce this law. Mt. u. WatA.hs
leigh, then at the bar. objected 70 itas
applying test no. aathprized BY tue Gun
sl,,ution. and in an argument OF remarka.
bile power SO demonstrated il, that Chief
Jas,ice Roane. expressing the op'nionof the
csurt, declared the former oplnioa In Ia
vor Of the Law San af-hand and errone-
Gus one !" and no further required this oath
or any practitioner In tia, court. II was
in this argument Of Nc. Leigh that he de.
ciares that "these test laws were The first
weapons young oppression would learn to
handle; weapons the more odious since
though barbed and poisoned. neither strens'h
nor courage was requisite to WELD them"
Surely the opinions Of these great Judges
are of weight in the decision Of the qaes-
tion before us, and their example Ut open
ness to conviction, candor and correction
of preconceiyed erroneous oplnisns. Is Sor.
thy Of imitation BY all whose duty shall
call them to its consideration.
The constitution ordains that "each
House shall be the Jadse ct the elections,
returns and qualifications cf It's awn mem
bers.1 | have been surprised To observe
that some well informed persons suppose
that from this clause Congress may derive
power to impose the oath under considera-
fion. II coafers no power whatever on Con-
grsss as Legislature, but only upon each
House as separate body. And the pow
or itself is not to make laws. bat to adJudge
the eases Of its members; TO ascertain
whether they have been duly elected are
troperly returned or certified, and possess
she Qualifications laid dawn IN the Const-
tation. What are these qualifications: OF
n Senator, that he shall have attained The
age Of thirty years. been nine years c,tl-
zen Of the United Statess ola representa-
tive, that he shall have attained The age OF
twenty-five years, been seven aeitizen OF
the United States, and that each when e
lected shall be an inhabitant OF the State
In which he shalt be chosen. These are
The only qualifications Of member com
snitted TO the judgment OF the H"use TO
which he belongs. All his other qualities,
his grade Of ability or intelligence, his iden-
ti6cation in interest with his constituents,
his past history, his virtue Or his patriot
Ism are to be Judged by his electors. and
from them there is no appeal. As Black
stone tells us. that subject 10 the restrIc-
,uns and disquali6catIsns which he emu
,nerates nf the British Constitution, eve
nv subject of the realm is eligible Of Gem
,Rsn right 10 seat in Parliament. lthas
been the pride and bnsst Of our couairy
that the Qualifications wers 50 limited for
a member OF Congress. But 4 CeagFess
as a body, or either House can add to these
qualifications, what i to be the limit! Is
" not obvious that IL they can add one they
can add one hundred! Ifthey can require
that meaber shall nos have borne arms
IN the Southern army, or otherwise given
support to the rebellion; whether this IS
proved j., his oath or his refusal TO be swM
can make no difference can they no, like
wise rsluire that he shall have served AZ
least Two years IN The Amy sf The United
States POSSES freeanld. ar be without
property aiinsether-haye taken cnllegi-
ate degree from Harvard, Yale or Prmce-
Ton. RI .aat neither he noe his ancestry
participated IN sr synpathized with th-
3luskry in.urreciisn. Burr's conspiracy
sr tie liar;fDrl Convention. or auy olbsr
test That the p,iority u the House, nomst-
trr from what aolise, shall impose What
sespUn would no. such power place IN
ne iiands Of faction. where President
may b. aboat TO be ehosen BY the Housr Of
Representatives. or ether important meas
sre IS depending. by elacting tests which
u il knesn isembers eannvt stzad--a suit.
fisient nanber may be cat out 20 change
results and attain the end desired. 30
zach fer the power to judge Of qualifea
tiuns.
rre be concluded in os neslI