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are for paper money, when the Legislatures are against it. In Massachusetts, the county conventions had declared a wish for a depreciating paper that would sink itself. Besides, in some States there are two branches in the Legislature, one of which is somewhat aristocratic. There would, therefore, be so far a better chance of refinement in the choice. There seemed, he thought, to be three powerful objections against elections by districts. First, it is impracticable; the people cannot be brought to one place for the purpose; and, whether brought to the same place or not, numberless frauds would be unavoidable. Secondly, small States, forming part of the same district with a large one, or a large part of a large one, would have no chance of gaining an appointment for its citizens of merit. Thirdly, a new source of discord would be opened between different parts of the same district.

Mr. Pinckney thought the second branch ought to be permanent and independent; and that the members of it would be rendered more so by receiving their appointments from the State Legislatures. This mode would avoid the rivalships and discontents incident to the election by districts. He was for dividing the States in three classes, according to their respective sizes, and for allowing to the first class three members; to the second, two; and to the third, one.

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Col. Mason. Whatever power may be necessary for the National Government, a certain portion must necessarily be left with the States. It is impossible for one power to pervade the extreme parts of the United States, so as to carry equal justice to them. The State Legislatures, also, ought to have some means of defending themselves against encroachments of the National Government. In every other department we have studiously endeavored to provide for its self-defence. Shall we leave the States alone, unprovided with the means for this purpose? And what better means can we provide, than the giving them some share in, or rather to make them a constituent part of, the National Establishment? There is danger on both sides, no doubt; but we have only seen the evils arising on the side of the State governments. Those on the other sido remain to be displayed. The example of Congress does not apply. Congress had no power to carry their acts into execution, as the National Government will have. 5 El. liott's Debates, 166.

CHAPTER XXIX.

HOUSE OF REPRESENTATIVES.

THE House of Representatives is composed of members chosen every second year by the people of the several States, who are qualified electors of the most numerous branch of the Legislature of the State to which they belong. The Legislature prescribes the times, places, and manner of holding elections for representatives, but Congress may at any time make or alter such regulations. No person can be a representative until he has attained the age of twenty-five years, and has been seven years a citizen of the United States, and is, when elected, an inhabitant of the State in which he is chosen.

In the Convention which framed the Constitution, Col. Mason moved

to make twenty-five years of age a qualification for membership of the House of Representatives. He said:

He thought it absurd, that a man to-day should not be permitted by the law to make a bargain for himself, and to-morrow should be authorized to manage the affairs of a great nation. It was the more extraordinary, as every man carried with him, in his own experience, a scale for measuring the deficiency of young politicians; since he would, if interrogated, be obliged to declare that his political opinions, at the age of twenty-one, were too crude and erroneous to merit an influence on public measures. It had been said, that Congress had proved a good school for our young men. It might he so, for any thing he knew; but if it were, he chose that they should bear the expense of their own education.

Colonel Mason's motion prevailed-yeas seven, nays three, the States in the negative being Massachusetts, Pennsylvania and Georgia, and New York divided. Ibid., 228. In regard to citizenship, Col. Mason was for opening a wide door for immigrants, but did not choose to let foreigners and adventurers make laws for us and govern us. Citizenship for three years was not enough for ensuring that local knowledge which ought to be possessed by the representative. This was the principal ground of his objection to so short a term. It might also happen, that a rich foreign nation, for example, Great Britain, might send over her tools, who might bribe their way into the Legislature for insidious purposes. He moved that 'seven' years, instead of 'three,' be inserted. Mr. Gouverneur Morris seconded the motion; and on the question, all States agreed to it, except Connecticut." Ibid., 389. A reconsideration was subsequently had of this vote, when the following motions were made and discussion took place :

Mr. Wilson and Mr. Randolph moved to strike out "seven years" and insert "four years," as a requisite term of citizenship to qualify for the House of Representatives. Mr. Wilson said it was very proper the electors should govern themselves by this consideration; but unnecessary and improper that the Constitution should chain them down to it.

Mr. Gerry wished that in future the eligibility might be confined to natives. Foreign powers will intermeddle in our affairs and spare no expense to influence them. Persons having foreign attachments will be sent among us and insinuated into our councils, in order to be made instruments for their purposes. Every one knows the vast sums laid out in Europe for secret services. He was not singular in these ideas. A great many of the most influential men in Massachusetts reasoned in the same manner.

Mr. Williamson moved to insert nine years, instead of seven. He wished this country to acquire, as fast as possible, national habits. Wealthy immigrants do more harm by their luxurious examples, than good by the money they bring with them.

Col. Hamilton was in general against embarrassing the government with minute restrictions. There was, on one side, the possible danger that had heen suggested. On the other side, the advantage of encouraging foreigners was obvious and admitted. Persons in Europe of moderate fortunes will be fond of coming here, where they will be on a level with the first citizens. He moved that the section be so altered as to

require merely "citizenship and inhabitancy." The right of determining the rule of naturalization will then leave a discretion to the Legislature on this subject, which will answer every purpose.

Mr. Madison seconded the motion. He wished to maintain the character of liberality which had been professed in all the constitutions and publications of America. He wished to invite foreigners of merit and republican principles among us. America was indebted to immigration for her settlement and prosperity. That part of America which had encouraged them most had advanced most rapidly in population, agriculture, and the arts. There was a possible danger, he admitted, that men with foreign predilections might obtain appointments; but it was by no means probable that it would happen in any dangerous degree. For the same reason that they would be attached to their native country, our own people would prefer natives of this country to them. Experience proved this to be the case. Instances were rare of a foreigner being elected by the people within any short space after his coming among us. If bribery was to be practiced by foreign powers, it would not be attempted among the electors, but among the elected, and among natives having full confidence of the people; not among strangers, who would be regarded with a jealous eye.

Mr. Wilson cited Pennsylvania as a proof of the adventure of encouraging immigrants. It was perhaps the youngest settlement (except Georgia) on the Atlantic; yet it was at least among the foremost in population and prosperity. He remarked, that almost all the general officers of the Pennsylvania line of the late army were foreigners, and no complaint had ever been made against their fidelity or merit. Three of her deputies to the Convention, (Mr. R. Morris, Mr. Fitzsimmons, and himself,) were also not natives. He had no objection to Col. Hamilton's motion, and would withdraw the one made by himself.

Mr. Butler was strenuous against admitting foreigners into our public councils.
On the question on Col. Hamilton's motion,-

Connecticut, Pennsylvania, Maryland, Virginia-aye, 4; New Hampshire, Massachusetts, New Jersey, Delaware, North Carolina, South Carolina, Georgia—no, 7.

. On the question on Mr. Williamson's motion, to insert "nine years" instead of "seven,"

New Hampshire, South Carolina, Georgia-aye, 3; Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina-no, 8.

Mr. Wilson renewed the motion for four years instead of seven; and on the question,

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Connecticut, Maryland, Virginia-aye, 3; New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia—no, 8. Mr. Gouverneur Morris moved to add to the end of the section (article 4, section 2,) a proviso, that the limitation of seven years should not affect the rights of any person now

a citizen.

Mr. Mercer seconded the motion. It was necessary, he said, to prevent a disfranchisement of persons who had become citizens, under the faith and according to the laws and Constitution, from their actual level in all respects with natives.

Mr. Rutledge. It might as well be said that all qualifications are disfranchisements, and that to require the age of twenty-five years was a disfranchisement. The policy of the precaution was as great with regard to foreigners, now citizens, as to those who are to be naturalized in future.

Mr. Sherman. The United States have not invited foreigners, nor pledged their faith that they should enjoy equal privileges with native citizens.

Mr. Baldwin could not enter into the force of the arguments against extending the disqualification to foreigners now citizens. The discrimination of the place of birth was not more objectionable than that of age, which all had concurred the propriety of.

On the question on the proviso of Mr. Gouverneur Morris, in favor of foreigners, now citizens,

Connecticut, New Jersey, Pennsylvania, Maryland, Virginia―aye, 5; New Hampshire, Massachusetts, Delaware, North Carolina, South Carolina, Georgia-no, 6. Elliott's Debates, vol. v., 411-14.

CHAPTER XXX.

CONDITIONS OF ELIGIBILITY TO OFFICE.

THE conditions of eligibility to the Executive and Representative stations of the State governments, at the formation and adoption of the Federal Constitution, afford some evidence of what the sentiment of the country then was in general upon matters of conservative policy, and show that there existed as much disposition among our forefathers to guard against a wild and unrestrained spirit of democracy, as on the other hand to avoid yielding up too much of their sovereign power.

Thus we find that two of the States, Rhode Island and Connecticut, continued to act under their colonial charters for a long while after the adoption of the United States Constitution, and the establishment of the General Government.

New Hampshire adopted a new Constitution in 1783; and it required that the Governor, to be eligible, should be an inhabitant of seven years' standing, possessed of an estate of £500; that senators should be thirty years of age, inhabitants of seven years' standing, and have freeholds to the value of £200; and that representatives in the House of Representatives should be residents of two years' standing, and have property equal to £100, half freehold.

In Massachusetts, the Constitution of 1780 provided that the Governor should have a residence of seven years, and a freehold of £1000; that a senator's residence must be five years, with a freehold of £300, or personal estate of £600; and that a representative in the Assembly should be a resident of one year, and have a freehold of £100, or personal estate taxable of £200.

The New York Constitution of 1777 required the Governor to have a three years' residence and be " a wise and discreet freeholder;" and the senators were also to be "freeholders chosen out of the body of the freeholders."

By the New Jersey Constitution of 1776, the Senate, called "The Legislative Council," was to consist of persons resident in the State at least one year, "and worth at least £1000 proclamation money," and the Assembly was to consist of members with the same length of residence, who were to be "worth £500 proclamation money."

In Pennsylvania, by the Constitution of 1776, members of the Assembly had to be residents for two years in the county they represented, but no property qualification was required beyond that of having paid taxes.

The Constitution of Delaware, adopted in 1776, provided that both branches of the Assembly should consist of freeholders.

The one adopted in Maryland, the same year, required the Governor to be twenty-five years of age, a resident of five years' standing, and to have within the State property above the value of £5000, of which at least £1000 to be real estate. Senators were to be twenty-five years of age, three years residents, and possessed of real and personal property worth £1000; while delegates to the other branch were to be twenty-one years of age, one year residents, and possessed of property worth £500 each.

That adopted in Virginia, the same year, required senators to be twentyfive years old, and to be freeholders of the district, and the members of the other branch to be freeholders of their respective counties.

That of North Carolina, also adopted the same year, admitted none under thirty years of age to be Governor, and required a residence of five years and a freehold of £1000 value; no one to be senator without one year's residence and £300 freehold; nor any to be of the other house without a year's residence and £100 freehold.

The Constitution of South Carolina, adopted in 1778, required the Governor to be a resident of ten years' standing, and have a freehold of £10,000 clear of debt. His council were to be of like estate and five years' residence; senators to have actual residence and freeholds of £2000, or, if non-residents, to have freeholds of £7000; and members of Assembly to be three years' residents.

By the Constitution of Georgia, adopted in 1777, the Governor was to be a resident for three years, and the members of both houses of the Legislature for at least one year, and owners of 250 acres of land, or property of some kind worth £250.

In speaking of the evidences thus afforded us of the views of the early patriots, as to the kind of men who were most likely fit for the public service, and the restrictions they deemed not only proper, but not inconsistent with the true principles of republican government, Mr. Warner very properly and justly remarks, in the July number of the American Review of 1849:

"They did not think it safe to repose entirely on the unassisted discretion of the people in filling such employments. The people would of course mean well, but they

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