History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
A property qualification for the members of the House of
Representatives was a thing of far less consequence than the fact of
citizenship. Indeed, there might well be a doubt, whether a
requisition of this kind would not be in some degree inconsistent with
the character that had already been impressed upon the government, by
the compromise which had settled the nature of the representation in
the popular branch. It was to be a representation of the people of the
States; and as soon as it was determined that the right of suffrage in
each State should be just as broad as the legislative authority of the
State might see fit to make it, the basis of the representation became
a democracy, without any restrictions save those which the people of
each State might impose upon it for themselves. If then the
Constitution were to refrain from imposing on the electors a property
qualification, for the very purpose of including all to whom the
States might concede the right of voting within their respective
limits, thus excluding the idea of a special representation of
property, it was certainly not necessary to require the possession of
property by the representatives, or to clothe the national legislature
with power to establish such a qualification. The clause reported by
the committee of detail for this purpose was accordingly left out of
the Constitution.[136]
But with respect to citizenship, as a requisite for the office of a
representative or a senator, very different considerations applied.
With whatever degree of safety the States might be permitted to
determine who should vote for a representative in the national
legislature, it was necessary that the Constitution itself should meet
and decide the grave questions, whether persons of foreign birth
should be eligible at all, and if so, at what period after they had
acquired the general rights of citizens. It seems highly probable,
from the known jealousies and fears that were entertained of foreign
influence, that the eligibility to office would have been strictly
confined to natives, but for a circumstance to which allusion has
already been made. The presence of large numbers of persons of foreign
birth, who had adopted, and been adopted by, some one of the States,
who stood on a footing of equality with the native inhabitants, and
some of whom had served the country of their adoption with great
distinction and unsuspected fidelity, was the insuperable obstacle to
such a provision. The objection arising from the impolicy of
discouraging future immigration had its weight; but it had not the
decisive influence which was conceded to the position of those
foreigners already in the country and already enjoying the rights of
citizenship under the laws and constitutions of the several States.
That men should be perpetually ineligible to office under a
constitution which they had assisted in making, could not be said to
be demanded by the people of America.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account