The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-08
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exercfed
To this it may be anfwercd, that the confti
tuition CT the United States hath been careful in
dlitIDguithng between the fubitance aud forms
OF elections the fubttance of elections, which
commits IN the right of electors, aud the reiut
of the exercic of that right, hath been fufrici-
emily exPreiied the Legislatures of each natc
have been expressly vsfted by the contribution
with the power of regulating the forms, which
commits Ia prefcribirg the times, places, 6 man
ner OF holding elections. If the contribution of
the gentleman from Connecticut were correa,
the coniequence would be, that two provilions
OF the contribution would initiate againft each
other; that Is, that the executive would from
the power he hath TO iilue wrts of election TO
hi vacancies, derive by implication the power
Oh pre'crloing the times, places and manner;
that is, would have 10y implication a power
which the contribution expressly vets in the Je-
ginatnres OF each fate, and which appears to be
iublect of fuch Importance, that Congrefs is
empowered to control the fate Legislatures in
that very cafe. The gentleman from ConneSti-
cut hath gone further /; he hath fld that admit
ting for moment that the power veNed in each
tate Legislature to prefcrbe the time, places and
manner or holding elections, which he believes
extends only to general elections. lhould extend
to elections to Fill vacancies, yet that inainuch
as the Legislature Of Pennsylvania did omit to
legllate on that fubiccf, the governor had Alright
to iuppiy the omiliion by affirming that power.
To this argument anfwer that as none of the
contributed authorities can transfer by anv a6t
whatever the power lodged by the contribution
IN any OF them, by ftronger reaion no transfer
or power can be made by their omflon 10 att.
he iecurlty OF our political fyftem rets princi-
paly upon the conftitutiouaI partition of The
conftitational powers. The contribution does
not only require that uone but the powers
which it grants ihould be exercifed il alfore.
n fbattb ax L. I
authorities to which they are confided and 10
contend that the omiiIion Of the legislature To
iegi"te entities the executive 10 Perform acts OF
legliation, is petition too Preputerous to re,
Quite refutation.
1t hath been urged that it would be out q
the power OF Rate Legislatures ~ ptefcribe the
time of holding elections III puriuance of the
writ or the executive to hli vacancies hscauis
the governor iiues his writ under the inmejj.
ate authority of the federal contribution, and tins
power cannot be impaired or receive modi6ca-
tons by legal fate legislative act i: hath been
added that this election TO fill vacancy being
the retult OF contingency, the time cannot B..
preicribed by law. ] grant that the time can
not De absolutely prefcribed, but contend thas
1t can be Preicribed relatively, and 70 it is pre-.
lcrlbed too by the law of Pennsylvania rerulat-
ing the times, places and manner of holding
elections to Mi vacancies IN the fate iegiaature,
Upon the iliulGg CT a wri. ty The 81 sei &c
either Houfe, time is fixed, which bears re-
ldtion to the time of ifiuing the writ, or pro-
claiming the election III purfuance of the writ,
and as this relative prefcription uf tune docs not
limit or abridge the power of a fpeaser, TO IL
mIiar relative prstcr'ption of time with refpcd
TO the time of proclaiming an election under
the writ of the governor, would not abridgc or
impair the eXercife of his right.
aaIii5 Pendent of ihe radical deficiency
election alluded to in the report on coufituti-
ona grounds, it cannot in my opinion bear the
teit in point of dfcretion or equity. The flor.
neis of the notice offers to my mind an inGuDe->
Fable objection. From the report before us, il
appears that the fherff of Warrington made a
proclamation of the election on the SIT OF Oc-
@ber, and that the election was holden on the
I'd OF November. 1t was not only morally i'm
ooiible, but it was phyiically 70, that one third
Of the electors could be informed but this OBJ
cctlon hath been anticipated on this floor, and
yreat endeavours have been ufed to iufify the
hortnets, might fay the want of notice, by al
edging that the I'd day of November had been
preferred, IT being day already appropriated
or the election of electors, and that the notice.
,lven for that election would aniver the pur
'ofe for the election of a Representative in Coz
yreis, whif twouId fave the electors the trou-
De of attending again.
Thete considerations, more f1ecious than 10.
Id, cannot prevent me from discovering TN,
whole extent of danger of holding elections
Without certain principles and rules with re-
Pect to previous notice. 1t was generally
believed in Warrington county, as in every o
her part Of Pennsylvania, wet of the noun.
aims, that the election Of electors would with.
mt any riff be carried, according 10 the wifhey
't a large majority. Hence many pegfons far
hitant from their respective election diit.iAs
nd rely upon thofe that were nearer to attend
he election of electors hence the refult of the
lection for member of Congrefs had the e.
ettorS Of the diftrict been informed, as they
ought 10 have been, that member Of Congrefs
vas to be elected on that day, that although
here was no danger of riiking their object az
o the election of electors, yet there might be
ONE doubts as to the election of reprefenta-
i've, have we not every reaion to believe from
he repeated intances of public fpirit prevail
ng in that ditri6t that the election would have
Been attended by probably more than three
lines the number of perGOus that did actually
neetj and as TO myleIf have itrong prefdmp-
ion that the reiuit would have been quite dif-
crent from what { was. Some of the gentle
men, who Imported the report, have endea-
'oured to jutfy this election on the ground Of
presidents. They have fald, that all former
'leetons in Pennsylvania to fill vacancies in
Congreis have been holden under the fame au-