Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1865-09-19

25, a I'd been Sc ven years citizen of the United
Sta tes and who shall OF W hen elected be an lnhao-
ta mt of the s tat IN which he shall be Oh oseD.
This is the only claus. which relates to the
of members.
ART provides that "the Senators and represen-
t4tives before mentioned and the members OF the
The State Legislatures and al ExecH tive judicial
officers of the Un ates and OF the several STATES
sha be bound by oath or Affirmation to support tnls
Cor slit utop; but reieisus shall be re-
CURED qualification to any office CT pubic trust
undt the Unit ted states"
A / the abose qualifications | profess ac-
cording to the letter and spirit at the Constl.
tuition. My age is more than twice 25-l
am native of, and have always, to the pres.
ent hour, resided not only in the State but
the District in which am candidate.
Bnt it is said that Congress in 1862 has
prescribed a new and additional qualification
for membership, in The form Of the following
oath, which | vii be required to subscribe be-
fore can take my seats
Il "a. b. d solemnly swerr (or affirm that |
have never voinaTy borne a. m against the United
Sta since have been citizen tn ereof; that have
voluntarily gwen aid count .nance counsel or en-
courngement to persons engaged In armad hostility
hereto that have neltheT sought or accepted nor
attempted exercise the functions of any office what
uader airy authority or pretended authority IN
hostility to the United States; that have dsd
a volup airy support 20 an retended government:
authority, power constitution within the United
st hostte inimical thereto; and de further
(or afirm) That. TT the best OF NV knowledge
ana ablltJ, n support and -fendthe Constutio"
of tn United States against all enemies, foreign or
do nestle hat will lear true faith aud allegiance
the sant that take his obli Cation freely, with
out any al reservation OF purpose OF eva 10
aud TIA. viii, well aud faithfully discharge tue duties
Of the ofce whics ABOUT to enter, 80 help me
God
/ propose briefly to examine this new Con-
gressional test with view to ascertain wheth-
er it is in corf ,rmiiy with the constitution,
and whether Congress can consistently with
tiat instrument require it to be taken.
In the Sud No. of the Federalist, which is
conceded on all bands to be the highest and
most Authentic exposition Of the constitu-
ton, because it was wrtteu almost co-teppo-
raueousy with it, and by the men who are
justly regarded as the fathers If the ccnsti'u-
ton, Mr.. Madison in expounding the tree
meaning OF Art. Sec. 2. above quoted says !:
GA representative of the Uni ed States must
be of the aye oftwenty five years-must have
been seven years a citizen of the United
Siases-must at the time of his election be al
iuhabitant Of the State he is to represent, aud
during the time If his service, must be in no
office under the United States-un7er these
reasonable Limitations, the door Ut his part
Of The tetierut g)uernnaeni is open 10 merit of
ecery description, nhctter nah6e or adoptiue,
achether youny or old, and seithoat regard to
porerty or treatth, or any particular pro/es-
sion # religious faiih.'
The object OF written constitution is to
confer Old the several departments Of govern
ment, the powers appropriate to each, aud to
impose such limitations and restrictions as
shall restrain usurpa;ion and abuse. |, fixes
their boundaries with all practicable precision
aud hedges them round with every necessary
defence. Congress is .ltscf the creature Of
the constitution aud possesses only such pow
erS as are granted by The Constitution. The
cons; tuition is the most solemn and au'hen
tic expression 0f tie will Of the nation. 1t
can be altered only 10 the mode prescribed
by the constitution itself. Congress can nel-
tiler add 80 nor take from any OF Its provis
ions, for The constitution is as much law un-
to ongress, as the acts Of Congress are law
unto the people. The Constitution is rule
OF aciJn prescribed by the sovereign power,
the people, TO their agents the representatives
done Congress cannot undo, nor can Congress
do what the Constitution has left undone ex
cept in pursuance Of some delegated power.
Certainly there can be no subject which
more appropriately fails within the domain
Of the organic law, than this. re sulation OF the
tests Of eligibility OF members of the most
po;eut aud important department. of the
f, deral Cover nnent. To leave subject of SO
much interest ard magnitude, aud liable 10
SO mach abuse, unsettled. aud dependents on
the caprice, or PASSION or party pr,judces Of
the day, would argue want OF foresight by
no means creditable to the wisdom Of the
fathers of The republic Even in our State
CONSTITUTIONS we fad the subjects Of suffrage
and eligibility to office always engaging the
must earnest attention Ut their trainers How
much more inn ortabt is it that these matters
! should be fixei on firm basis iu a great
federal Il, public wh.ch.. reaches from ocean to
ocean, and from the lakes Of the north to. he
gulf, aud embraces such a variety of some-
tunes apparently conflicting interests.
The wisdom of our fathers foresaw this ne
cessty aud they have prescribed with clear
ness all fke tests Of eligibility. say all, ON
the authority Of Mr. Madison, WHO says 'un.
der these reasonable limitations the door of
this part Of the federal government is op, n 10
merit of every descrip ion." Mr.. Madison
welded TO careless pen, He was engaged
in The discussion of great subject Of const.-
tutional law. He was expounuing the tan-
Idamenral law of the republic for the thea
present and future generations. No Other
meaning can fairly be attached to his words
than that the enumerated limitations We're the
only limitations 10 be Imposed On eligibility,
and that outside of those Limitations tue door
If tile House Of r, representatives. was open t,
merit of every description. "
he question then arises, can Congress add
to the limitations prescribed by the Cousitu.
toni Can it enlarge or diminish the quaiti-
cations OF age or residence? Can it abolish
them altogether? If it has right to modify
them at all, it would Seem, By tie same pro
cess of reasoning, that it would have the power
to STRIFE them out entirely. | presume how
ever no such power will be clalmed by the
widest zeaIot Now If it cannot strike them