The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-01
Dttrfr,
IN THE MOUSE o. REPRESENTATIVES.
OF TIE UNITED STATES.
Wraasj2ar, Dec. 10.

HraaSfi4p, Dee. 10.
Debate or tie rebor. Of tbe committee of EIc7i-
Ont on the Petition IF fmdiy citizens of tie
county ofNIzybington, ia The Tate Of PeaanGl-
1'a'ia, complaining Of an nndne cls1Fiom and
return Of Jfobn Hoge to. ttr7e in ibis Houje as
o"e 9ft6e rfbre|5"tGtiVe' Jo'Jaid -/q0fe.
The report being read as follows:
&C That William lIoge member of The Houfe
OF Representatives. for tie eighth Congrer, ha-
wing by letter 20 the governor of the cate of
Pennsylvania, dated the 18Th of OS(oher, re-
Gened his feat in CongrefS the governor in
puriuance ofthe provifons made in tie recond
fiction of thc firi article of the contribution of
the United States, inued writ OF election TO
f1pply the vacancy which had thus taken place
That the faid writ was ifiued on the o2d dav of
October, and the election directed 20 be held
on the % day of November, eleven DAYS after
the date ofthe faid writ; that the writ was
brought by the mail to the Prothonotary's of
fee in Warrington, on the soth of Oeto.
Der, but not proclaimed by the illeriF Til the
SIR"
at appears TO the committee. that though by
the fecond feetion ofthe 1t article of the con-
fttuton Of the United States, it is made the du-
ty of the executive authority Of the reflective
ftates TO iiue writs of election 70 FIJI vacancies,
vet by the fourth fiction of the aforefid article
Il is made the duty of the Legislature of each
fate to preicribe the times, places and manner
for holding fuch elections. II appears, howe
yer, that ieveral elections TO frpply vacancies in
ConGrefs, have been heretofore held in Penn
fylVania, yet on examining the laws of that fate,
if appears that no law exits prefcribing the
times, places and manner ofholding elections TO
iuppiy tuch vacancies as Ray happen in the re-
pretentation in C2rerc!s, and ccr;cquently If
the eIeGtion of John Hc5s is, on this account,
fet aide, no election can besheld to iupply the
vacancy Unit, the ieg:9ature Of taie enact a
law for that purpoft.''
q" BY the law for the general election of re-
preientatives to Congrefs for Pennsylvania, the
iheIlft is to give thirty days notice before the
election, and to make the returns within thirty
days after it." This election is held near five
months before the expiration Of the exiting
CongrefS. BY the law of faid rate for fupplv-
ing vacancies in the fate Legislature. the Speak
ers of the REFLECTIVE Houfes fla,l iiIue wits TO
iuPp!y vacancies that may happen, giving at
leaf ten days notice. The governor, il the
cafe now before TIE committee, has direGed
the election TO be held on The farne day i;f;
which Inc electors for Preh,eu. and Vice Pref.
dent were to be choien. There is no proof be-
fore the committee Of any abufe in the manner
of conducting the election i'll obedience to the
writ iiiued by fhe governor"
" While the committee are OF opinion, that
the Legislature of Pennsylvania ought tohave aD.
pointed as near as might be the times, as well
AS the places and manner of holding elections 70
fuppiy vacancies in Congress, and that in ordi.
nary catc6 longer period ought to intervene
between the time ofpubc notice and the day
Of holding the election, yet coniidering the fDe-
cial circumstances connected with the election
of John Hoge, and particularly that the election
tnr,lr nj, L
ture for the appointment of Electors for the
fate Of Pennfylvania, the committee are of opi-
Mon that John Hoge is entitled to feat in this
Houfe."
Mr.. Lsib was oppofed to the report of the
Committee of elections he thought 7. duty,
therefore, to aifign the reafons of his oppoGti-
on-Were not the report to operate AS a pre-
cedent for future decilions, he ilould have con-
tented himielf with lilent vote but on this
occaliou, he could not forbcar expecting his
dihent to the doctrine advanced by the COM
mttee in fupport of the feat of the fitting mem
Der.
The committee had made four points in their
report.
That the contribution gives to the Executive
of the fate the power of iiIuDg writs of election
to fupply vacancies. That If the election OF
MIR. Hoge be fet aide no election can be held
10 luppty inc VACANCY until the ieElUlture OF
Pennsylvania paaes law regulating fpeciaI
elections.
That there exits 10 law in Pennfylvania for
the regulation of fpccial elections for members
of Conercfs, and that the notice by the governor
vas iuHicicnt, becaule il direGfed the Election
to be held on the fame day on which the elect
ors of PrefiGcnt aud Vce-Prelidsnt of the IT,
nited States were to be chofeu.
He would not deny that the contribution OF
the United States gave to the executive the
power of ihling wrts of election to fnpply va
cancies, but he denied the power ofthe execu-
tive to prefcribe the manner and to fix the time
Of holding the election. In the fourth fection
OF the iirit article &c the contribution, tits de-
clared, that, " the time, place and manner
ofho!ding elections for Senators and RepreEep-
tatives ihall be preicrbedby each ilate in thele.
eillature thereof" it is evident, therefore, that
although the exccHtiye may have the power Of
Notifying the vacancy and directing il TO be
iupplied, yet that he cannot pref:ribc the time,
tie place, or che manner of carving ii into cf.
feet, this power being fpecihcajy delegated 20
ne legislature. II he can prefcribe the time, he
certainly can preicribe the place and the nan.
oer; for the doctrine cOntended for implies al
aai'i"'e ohcretiou; and If the place and the