Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/63

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CH. IX.]
HOUSE OF REPRESENTATIVES.
55

France, a person arrives, for all purposes, at majority, only at thirty years, in Naples at eighteen, and in Holland at twenty-five?[1] Who shall say, that one man is not as well qualified, as a voter, at eighteen years of age, as another is at twenty-five, or a third at forty; and far better, than most men are at eighty? And if any society is invested with authority to settle the matter of the age and sex of voters, according to its own view of its policy, or convenience, or Justice, who shall say, that it has not equal authority, for like reasons, to settle any other matter regarding the rights, qualifications, and duties of voters?[2]

§ 579. The truth seems to be, that the right of voting, like many other rights, is one, which, whether it has a fixed foundation in natural law or not, has always been treated in the practice of nations, as a strictly civil right, derived from, and regulated by each society, according to its own circumstances and interests.[3] It is difficult, even in the abstract, to conceive how it could have otherwise been treated. The terms and conditions, upon which any society is formed and organized, must' essentially depend upon the will of those, who are associated; or at least of those, who constitute a majority, actually controlling the rest. Originally, no man could have any right but to act for himself; and the power to choose a chief magistrate or other officer to exercise dominion or authority over others, as well as himself, could arise only upon a joint consent of the others to such appointment; and their consent might be qualified exactly according to their
  1. 1 Black. Comm. 463, 464.
  2. Id. 171.
  3. 1 Black. Comm. 171; 2 Wilson's Law Lect. 130; Montesquieu's Spirit of Laws, B. 11, ch. 6; 1 Tucker's Black. Comm. App. 52, 53.