The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-08
'UESDA7 MORNING, JANUARr 8, 1905.

which had been made by the gentleman from
fenniy'vania lMr. Findey) would probably
have been conclufve to his mind, had any dou bit
exilted on the fubiee. Without repeating, how
ever, any of the arguments of that gentleman,
candid confederation of the provifons of the
connitution relative to this fubeSt, will evnce
the correctness of the petition taken by the
committee of elections. In the fecond it6fion
OF the hr:t article CT the contribution it is de
clared, that "when vacancies happen in the
representation from any fate, the executive au-
thority ihaN liue writs of election to til iuch
vacancies. 1t is an etablfhed principle that a
constitutional delegation of general power in
Guides grant of all the subordinate and incl
dental powers re9uiite to give effect to the prin-
cipai one, unlets reltrained, limited, or placed
eilewhere by another part OF the contribution.
What IS the power given to the fate executives
by this claufe of the contribution? Not mere
~ as fome gentlemen feem to believe, all autho-
nty to iilue writs of election, but to- give to
thoie wrlts certain operation and effect, that
OF flhng vacancy. They have authority to
liiue writs or election, 70 caufe elections to be
holden IN coniequeEce and the vacancies filed.
Is ire power here given 70 the executives of the
ftates limited or taken away, by any other part
of the contitutiol? If not, i fhall-not fuffcr
mytrIt TO enquire into the difcrction or indif-
erection with which it has been exercifed on the
pretent location, | believe the contribution
has placed II beyond our powers of inquiition
or cenfure? BY the fourth fiction of the con-
ititution, IT is declared, that the times places
and manner of holding elections for fenators
and representatives fha he prefcribed in each
fate, by the Legislature thereof: but the congrefs
may, NJ any time, by law, make or alter fuch
regulations, except AS to the places of chooiing
tenators." TIE words BY lazv, in this fcStion,
are peculiarly cmphatcal. Congrefs can do no.
thing on the fubject, but by lsw-the fate leeif-
latu-es may a6 by refolutions, and in that man
nerfe1ators are commonly choien. This feSti-
on appears to have been intended to regulate
the general election of the whole number of fe-
majors and representatives, to which fate is
entitled, and to have no application to the caf;.
OF vacancies. But ifthis contribution be not the
correct one, it will be neceiiary to adopt this
contribution of the two claufes taken together,
that although the fate legislatures have right
TO regulate the elections in cafes of vacancy, yet
the executive poiieies a complete difcretion up
on the fubject until the Legislature interferes.
Such, we are told, has uniformly been the prac-
teal contraction in Pennfyvania.-Two quef
titlonS only are to be anlwered-Was the cleo
ton IN the Prefent infance held in purfuance of
the exercite of power delegated by the coniti-
tEtion Certainly it was.-Was it regularly
and legally conducted? 1t appears to have
been conducted, except as to time, conformably
to the laws of Pennsylvania, which govern other
elections. Believing that under the peculiar
crcumfanceS of the cafe, no iniufice has been
done, and believing that the election was coniti-
tutionaiy cunductvd, iiail vote in favour of the
report Of the committee.
Mr.. Lucas. Believing as do that the report
under confederation involves an important quef-
ton, 1caunot torbear to add few remarks. 1t
appears that representatives in congIefs may be
elected under two different circumstances, peri
odically by general elections, accidentally by
fpecial elections. The election of the fitting
member, which is the iubje6t Of the report, is
!ceciai election 6irtftun irt to iii ii'r
cancy OF VIM. Hoge rehgned. It is not alledg-
ed, that any Illegal votes have been given, or any
fraud praclifcd, in conducting that election. II
is merely commended by thofe oppofed to the re-
port that the election ought TO be fet Aide, be-
caufe the time, place, and msnner of holding
the election have not been according TO Law, or
becauie the power u prelcribing the time, man
ner, and place, had been affirmed by an impro- |
per authority.
Turning to the fecond fiction Of the conni- |
tuition of the United States we find this proviii-
on when vacancies happen in the reprefenta-
ton from any fate, the executive thereof ibal |
iliue wrts of election TO fill fach vacancies"
From this it appears that the governor is only
'ctSu III part with Ine powers 10 Caule an e. |
lection to be holden, that is the power of ifIuing
A writ of election, which gives him the initiative,
but this initiative does not deitroy the power
placed by the fourth ttlion of the fame coniti-
tuition in the fate Legislature, which is that " the
times, places, and manner of holding eLsaion5
for Senators and representatives mall be pre-
fcribed in each fate by the Legislature thereof"
The words boL9D!g editions individually include
all kinds Of elections fpecial eleSlion is not
leis an election than general one, and unlefs
the confitstion exprefs an exception TO that
general principle, it follows neceharily, that
none but the fate Legislature or Congrefs have
the power of prefcribing the times, places, aud
manner of holding elections for Representatives..
Thus from the proviiion in the contribution,
which vets the executive ofeach fate with the
power to ihue writs to fill vacancies, and from
the provllion which VETS the fate legislature
with the power to prefcribe the time, places,
and manner of holding elections, il appears that
the powers neceGary to csufr elections TO be
held to 6 vacancies are divided between the
executive and Legislative powers the irft is di-
rected to iGue wGts of election the fecond to
prefcribe the time, places, and manner of hold
ing the fame, both are bound by constitutional
injunction equally imperative thus that an e.
lection to fill a vacancy be legal, the executive !
ard Legislative mutt have co-opcratcd TO that e.
lection by the exercifc of their REFLECTIVE conai- /
tuti0uaj bowers III the election fInder CON GJe-