who share fully in the benefits of these expenditures, and share but little, or not at all, in the burthens, to complain that they are not allowed, by their vote, to control the property of others. And it would be unjust and inconsistent with the true principles of civil liberty and political equality, to subject the property of those, who have accumulated it by their industry and economy, to the control of others, who, by means of that control, would take it from the owners and appropriate it, in a great measure, to their own use. Property is the chief object and reward of all labor; and any course of policy which shall take the control of property from the rightful owners, and give it to others, will check and paralyze industry, and retard the most valuable improvements of the country.

CHAPTER XIV.

Practical Regulations for determining the Qualifications of Voters; and for their Admission to vote at Elections.

The rules and principles which govern the right of suffrage being established, it becomes important to give to them a practical effect; so that qualified persons, and no others, shall vote in the elections, and in other public affairs. It is also important that the claims of voters should be settled with ease and convenience to themselves, and to the officers presiding

at the elections; and without causing animosity or excitement.

In most of the states, it is believed, the right of each person claiming the privilege of voting, is canvassed and settled by the officer or officers presiding while the election is open. This mode of settling the right is liable to many objections; and it ought never to be adopted.

Proper officers should be appointed and required to make a full alphabetical register or list of voters, having on it the names of all the voters in their district, known to be duly qualified. And they should be required to post up or deposit copies of this list in such and so many public places in the town, ward or district, and for such a length of time previous to the election, as to render it convenient for all persons to examine them and ascertain whether their names are on the list or not. And the officers should also be required, by law, to attend, at some convenient time and place, (and at as many different times and places as may be necessary) to receive the application of all persons claiming a right to vote, whose names are not on the list; and due notice should be given of the times and places of their meeting for this purpose.

The officers should be under oath to act fairly and impartially; and the burthen of proof should be on the applicant to establish his claim.

Here the claims might be decided deliberately and upon a full examination; and without the hurry and excitement usually prevailing during the progress of an election. If any person should be found to be entitled to vote, whose name was not entered on the

register, it should be added. The register ought to be completed before the poll or meeting is opened for receiving votes; and no application should be received after that time. No exception ought to be allowed to this rule, unless in the case of a known voter being omitted by mistake. In that case the proper officers might be allowed to correct the mistake on their own knowledge, without taking the testimony of any other person. The register then would be the sole guide for the presiding officer; and if any person should offer a vote, whose name was not found on the list, his vote would, of course, be rejected. And if any person, unknown to the presiding officer, should offer to vote, as a person named in the register of voters, he ought, if necessary, prove his identity. But the oath of the applicant ought never to be received to prove either his right or his identity. It would present too great a temptation to perjury; and it is unnecessary, because every person, having the requisite term of residence, and having the other qualifications, will have many acquaintances, by whom the truth can be proved.

If the applicant is a foreigner, he ought to be required to prove his naturalization by a copy of the record duly authenticated, by the proper officer, under the seal of the court. No other evidence ought to be received to prove the naturalization, excepting in cases where the fact is personally known to the officers who make the register of voters.

Adequate penalties ought to be provided for the punishment of any corruption or fraud practised by the officers making the register of voters; for any person

testifying falsely and corruptly respecting the qualifications or identity of any applicant; and for any person wilfully assisting another to commit a fraud by procuring his name to be inserted in the register of voters, knowing him to be unqualified. The governments of the United States and of the several states are put into motion and kept in motion only by the election of public officers; and it is of vast importance that the principles and practice, by which elections are to be governed, should be made as simple and certain as possible; and that all frauds, either by the admission of unqualified voters, or by the exclusion of those that are qualified, should be prevented. These objects may be effected, in a very perfect manner, by making a register of voters as proposed. If this practice was fully adopted and strictly adhered to in all the States, those scenes, which have too often disgraced our elections would be avoided; and we should no longer hear of our railroads and canals vomiting forth their foul masses of foreign or domestic corruption, to control a doubtful election.

CHAPTER XV.

Of the Apportionment of Senators and Representatives.

In examining this subject it will be taken as granted, that the qualifications of the electors of senators and representatives are established according to the principles of the foregoing treatise. In most of the States,

senators and representatives are chosen by districts. into which the States are divided for that purpose. But the six New England States are parcelled out into local corporations, called towns, which exercise a large share of the legislation, and transact a large share of the public business, as such corporations, under the provisions of general laws. Thus, in those States, the towns are generally required to make and support the public roads and bridges within their own limits; to support their own poor; to support public schools for the instruction of all their youth, &c. And for these purposes, they are required to assess upon their inhabitants and to collect and appropriate the sums of money necessary. They are organized by the annual election of the necessary officers, for the due management of their affairs. The election of all public officers is made by the electors assembling, in town meetings, in their respective towns, under the direction of their own officers, and there giving in their votes. These towns, acting in their corporate character, elect the members of the house of representatives. The number which each town has a right to elect, is determined by their State constitution.

But this is not the principle commonly adopted in the other States. They are generally districted for the choice of both senators and representatives, as are most of the New England States, for the choice of

senators.

But the principle on which the apportionment of senators and representatives is made, is various in the different States. In some they are apportioned according to the number of free white inhabitants; in