Mr. Gallatin's election to the United States Senate did not disqualify
him for his unfinished legislative term, and, on his return to
Philadelphia, he was again plunged in his manifold duties. The few days
which intervened between his marriage and the meeting of Congress--a
short honeymoon--were spent under the roof of Commodore Nicholson in New
York.
On February 28, 1793, the Vice-President laid before the Senate a
certificate from the legislature of the Commonwealth of Pennsylvania to
the election of Albert Gallatin as senator of the United States. Mr.
Gallatin took his seat December 2, 1793. The business of the session was
opened by the presentation of a petition signed by nineteen individuals
of Yorktown, Pennsylvania, stating that Mr. Gallatin had not been nine
years a citizen of the United States. This petition had been handed to
Robert Morris, Mr. Gallatin's colleague for Pennsylvania, by a member of
the legislature for the county of York, but he had declined to present
it, and declared to Mr. Gallatin his intention to be perfectly neutral
on the occasion--at least so Mr. Gallatin wrote to his wife the next
day; but Morris did not hold fast to this resolution, as the votes in
the sequel show. The petition was ordered to lie upon the table. On
December 11 Messrs. Rutherford, Cabot, Ellsworth, Livermore, and
Mitchell were appointed a committee to consider the petition. These
gentlemen, Gallatin wrote, were undoubtedly "the worst for him that
could have been chosen, and did not seem to him to be favorably
disposed." He himself considered the legal point involved as a nice and
difficult one, and likely to be decided by a party vote. The fourth
article of the Constitution of the first Confederation of the United
States reads as follows:--
"The better to secure and perpetuate mutual friendship and
intercourse among the people of the different States in this Union,
the free inhabitants of each of these States, paupers, vagabonds,
and fugitives from justice excepted, shall be entitled to all
privileges and immunities of free citizens in the several States."
Article 1, section 3, of the new Constitution declares:--
"No person shall be a senator who shall not have attained to the
age of thirty years, and been nine years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that
State for which he shall be chosen."
Public-domain text, read in full here on John Shaqi.
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