66
CONSTITUTION OF THE U. STATES.
[BOOK III.
and to have established the final result; and it was accordingly declared, in the clause under consideration, that "the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature."
[1] Upon this clause (which was finally adopted by a unanimous vote) the Federalist has remarked,
the provision made by the convention appears to be the best, that lay within their option. It must be satisfactory to every state, because it is conformable to the standard already established by the state itself. It will be safe to the United States, because, being fixed by the state constitutions, it is not alterable by the state governments; and it cannot be feared, that the people of the states will alter this part of their constitutions in such a manner, as to abridge the rights secured to them by the federal constitution.
[2] The remark, in a general sense, is true; but the provision has not, in fact, and may not have, all the security against alteration by the state governments, which is so confidently affirmed. At the time, when it was made, Connecticut and Rhode-Island were acting under the royal charters of 1662 and 1663; and their legislatures possessed the power of modifying, from time to time, the right of suffrage. Rhode-Island yet continues without any written constitution, unless the charter of 1663 is to be deemed such. In Maryland successive legislatures may change the form of government; and in other states amendments may be, and indeed have been adopted,
- ↑ Journal of Convention, 216, 233.—The clause, however, did not pass without opposition; a motion to strike out was made and negatived, seven states voting in the negative, one in the affirmative, and one being divided. Journ. of Convention, 7 Aug. p. 233.
- ↑ The Federalist, No. 52. See also 2 Elliot's Debates, 38; 2 Wilson's Law Lect. 123, 130, 131.
