man, equally free from bias, will vote with similar views. When, therefore, the votes generally or unanimously centre in the same representatives, it is a satisfactory proof, that the sentiments of the constituents are generally or altogether in unison, with regard to the matters, which, they think, will be brought under the consideration of their representatives; and also, that the sentiments of the representatives will be, with regard to those matters, in unison with those of all, or of a majority of their constituents.1

To accomplish the second object, all elections ought to be equal. Elections are equal, when a given number of citizens, in one part of the state, choose as many representatives, as are chosen by the same number of citizens, in any other part of the state. In this manner, the proportion of the representatives and of the constituents will remain invariably the same.

If both the requisites are established and preserved, such councils will be given, such resolutions will be taken, and such measures will be pursued, by the representative body, as will receive the concurrence, the approbation, and the support of the community at large.

In a free government, it is of essential importance to ascertain the right of suffrage, and those inhabitants who are entitled to the exercise of that right. To vote for members of a legislature, is to perform an act of original sovereignty. No person unqualified should, therefore, be permitted to assume the exercise of such pre-eminent power. We are told, that, among the Athenians, exquisitely sensible to all the rights of citizenship, a stranger who interfered in the assemblies of the people, was punished with death. Such dangerous interference was considered as a species of treason against their rights of sovereignty, A momentous question now occurs-who shall be entitled to suffrage? This darling privilege of freemen

[1 See John Adams' inaugural address, March 4, 1797.]

should certainly be extended as far as considerations of safety and order will possibly admit. The correct theory and the true principles of liberty require, that every citizen, whose circumstances do not render him necessarily dependent on the will of another, should possess a vote in electing those, by whose conduct his property, his reputation, his liberty, and his life, may be all most materially affected.1

By the constitution of the United States,2 the members. of the house of representatives shall be chosen by thepeople of the several states. The electors, in each state, shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

This regulation is generous and wise. It is generous; for it intrusts to the constitutions or to the legislatures of the several states, the very important power of ascertaining and directing the qualifications of those, who shall be entitled to elect the most numerous branch of the national legislature. This unsuspicious confidence evinces, in the national constitution, the most friendly disposition towards the governments of the several states. For how can such a proper disposition be evinced more strongly, than by providing that its legislature, so far as respects the most numerous branch of it, should stand upon the samefoundation with theirs; and by providing farther, that this

[ This principle is without doubt an essential one, and but a corollary to the principle that power is not to be exercised as of right, but the inquiry arises: In what position does that place us in reference to that highly respectable, intelligent and patriotic class of our natural-born citizens, viz., the unmarried portion of our females, who are not in such a relation as to have virtual representation. The question of femalesuffrage is not to be considered merely in the light of their desire or disinclination to vote, but upon the broader ground of public utility, and with a clear view of natural equality of right and duties. See Note A im Appendix.]

2 Art. 1, s. 2.

foundation should be continued or altered by the states themselves?

This regulation is wise as well as generous. An attention to its genuine principle and tendency must have a strong effect, in preventing or destroying the seeds of jealousy, which might otherwise spring up, with regard to the genius and views of the national government. It has embarked itself on the same bottom with the governments of the different states: can a stronger proof be given of its determination to sink or swim with them? Can proof be given of a stronger desire to live in mutual harmony and affection? This is an object of the last importance; for, to adopt an expression used by my Lord Bacon, "the uniting of the hearts and affections of the people is the life and true end of this work." 1

The remarks which I have made on this subject place, in a clear and striking point of view, the propriety, and indeed the political necessity, of a regulation made in another part of this constitution. In the fourth section of the fourth article it is provided, that, "the United States shall guaranty to every state in this Union a republican form of government." Its own existence, as a government of this description, depends on theirs.2

As the doctrine concerning elections and the qualifications of electors is, in every free country, a doctrine of the first magnitude; and as the national constitution has, with regard to this doctrine, rested itself on the governments of the several states; it will be highly proper to take a survey of those provisions, which, on a subject so interesting, have been made by the different state constitutions: for every state has justly deemed the subject to be of constitutional importance.

14 Ld. Bac. 220.

"With

[2 Chief Justice Chase said in his opinion in Texas v. White: out the states in union there could be no such political body as the United States." 7 Wallace U. S. Rep. p. 725.]

In the constitution of Pennsylvania, the great principle, which animates and governs this subject, is secured by an explicit declaration, that "elections shall be free and equal." This is enumerated among the great points, which are "excepted out of the general powers of government, and shall forever remain inviolate."2 The practical operation of this great and inviolable principle is thus specified and directed: "In elections by the citizens, every freeman of the age of twenty-one years, having resided in the state two years next before the election, and within that time paid a state or county tax, which shall have been assessed at least six months before the election, shall enjoy the rights of an elector." 3

It well deserves, in this place, to be remarked, how congenial, upon this great subject, the principles of the constitution of Pennsylvania are to those adopted by the government of the Saxons. The Saxon freemen, as we have already seen, had votes in making their general laws. The freemen of Pennsylvania, as we now see, enjoy the rights of electors. This right, it has been shown, is equivalent, and, in a state of any considerable extent, must, on every principle of order and convenience, be substituted to the other. This is far from being the only instance, in which we shall have the pleasure of finding the old Saxon maxims of government renewed in the American constitutions. Particular attention will be paid to them, as they present themselves.

By the constitution of New Hampshire, "every male inhabitant, with town privileges, of twenty-one years of age, paying for himself a poll tax, has a right to vote, in the town or parish wherein he dwells, in the election of representatives."

"5

In Massachussetts, this right is, under the constitution,

1 Art. 9, s. 5.

2 Art. 9, s. 26. 4 Bac. on. Gov. 34.

8 Cons. Penn. Art. 3, s. 1. 5 Cons. N. H. p. 11, 14.

enjoyed by "every male person, being twenty-one years of age, and resident in any particular town in the commonwealth for the space of one year next preceding, having a freehold estate within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds." Every one so qualified may "vote in the choice. of a representative for the said town." 1

The right to choose representatives in Rhode Island is vested in the freemen of the respective towns or places." This regulation is specified in the charter of Charles the Second. The state of Rhode Island and Providence Plantations has not assumed a form of government different from that, which is contained in the above mentioned charter.2

The qualifications requisite, in the state of Connecticut, to entitle a person to vote at elections, are, maturity in years, quiet and peaceable behavior, a civil conversation, and forty shillings freehold, or forty pounds personal estate if the selectmen of the town certify a person qualified in those respects, he is admitted a freeman, on his taking an oath of fidelity to the state."

It ought to be observed, by the way, that this power to admit persons to be freemen, or to exclude them from being freemen, according to the sentiments which others. entertain concerning their conversation and behavior, is a power of a very extraordinary nature; and is certainly capable of being exercised for very extraordinary purposes.

The constitution of New York ordains "that every male inhabitant of full age, who shall have personally resided within one of the counties of the state, for six months immediately preceding the day of election, shall, at such election, be entitled to vote for representatives of the said

1 Cons. Mass. c. 1, s. 3, 4.

2 Char. R. I. p. 41, 51.

3 Cons. Con. p. 54.