resident of his district; nor does
it prohibit to the State the power of declaring these, or any other
disqualifications which its particular circumstances may call for: and
these may be different in different States. Of course, then, by the
tenth amendment, the power is reserved to the State. If, wherever the
constitution assumes a single power out of many which belong to the same
subject, we should consider it as assuming the whole, it would vest
the General Government with a mass of powers never contemplated. On the
contrary, the assumption of particular powers seems an exclusion of all
not assumed. This reasoning appears to me to be sound; but, on so recent
a change of view, caution requires us not to be too confident, and that
we admit this to be one of the doubtful questions on which honest men
may differ with the purest motives; and the more readily, as we find we
have differed from ourselves on it.
I have always thought, that where the line of demarcation between
the powers of the General and State governments was doubtfully or
indistinctly drawn, it would be prudent and praiseworthy in both
parties, never to approach it but under the most urgent necessity.
Is the necessity now urgent, to declare that no non-resident of his
district shall be eligible as a member of Congress? It seems to me that,
in practice, the partialities of the people are a sufficient security
against such an election; and that if, in any instance, they should
ever choose a non-resident, it must be in one of such eminent merit and
qualifications, as would make it a good, rather than an evil; and that,
in any event, the examples will be so rare, as never to amount to a
serious evil. If the case then be neither clear nor urgent, would it not
be better to let it lie undisturbed? Perhaps its decision may never
be called for. But if it be indispensable to establish this
disqualification now, would it not look better to declare such others,
at the same time, as may be proper? I frankly confide to yourself these
opinions, or rather no-opinions, of mine; but would not wish to have
them go any farther. I want to be quiet: and although some circumstances
now and then excite me to notice them, I feel safe, and happier in
leaving events to those whose turn it is to take care of them; and, in
general, to let it be understood, that I meddle little or not at all
with public affairs. There are two subjects, indeed, which I shall claim
a right to further as
|