Constitutional history -- United States -- Sources; Constitutional law -- United States
But upon what principle is the discrimination of the places of election
to be made, in order to answer the purpose of the meditated preference?
Are “the wealthy and the well-born,” as they are called, confined to
particular spots in the several States? Have they, by some miraculous
instinct or foresight, set apart in each of them a common place of
residence? Are they only to be met with in the towns or cities? Or are
they, on the contrary, scattered over the face of the country as
avarice or chance may have happened to cast their own lot or that of
their predecessors? If the latter is the case, (as every intelligent
man knows it to be[1]) is it not evident that the policy of confining
the places of election to particular districts would be as subversive
of its own aim as it would be exceptionable on every other account? The
truth is, that there is no method of securing to the rich the
preference apprehended, but by prescribing qualifications of property
either for those who may elect or be elected. But this forms no part of
the power to be conferred upon the national government. Its authority
would be expressly restricted to the regulation of the TIMES, the
PLACES, the MANNER of elections. The qualifications of the persons who
may choose or be chosen, as has been remarked upon other occasions, are
defined and fixed in the Constitution, and are unalterable by the
legislature.
Let it, however, be admitted, for argument sake, that the expedient
suggested might be successful; and let it at the same time be equally
taken for granted that all the scruples which a sense of duty or an
apprehension of the danger of the experiment might inspire, were
overcome in the breasts of the national rulers, still I imagine it will
hardly be pretended that they could ever hope to carry such an
enterprise into execution without the aid of a military force
sufficient to subdue the resistance of the great body of the people.
The improbability of the existence of a force equal to that object has
been discussed and demonstrated in different parts of these papers; but
that the futility of the objection under consideration may appear in
the strongest light, it shall be conceded for a moment that such a
force might exist, and the national government shall be supposed to be
in the actual possession of it. What will be the conclusion? With a
disposition to invade the essential rights of the community, and with
the means of gratifying that disposition, is it presumable that the
persons who were actuated by it would amuse themselves in the
ridiculous task of fabricating election laws for securing a preference
to a favorite class of men? Would they not be likely to prefer a
conduct better adapted to their own immediate aggrandizement? Would
they not rather boldly resolve to perpetuate themselves in office by
one decisive act of usurpation, than to trust to precarious expedients
which, in spite of all the precautions that might accompany them, might
Public-domain text, read in full here on John Shaqi.
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