The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-08


OF that magifrate; but the intentions of the
governor, pure as doubt not they were, can
not I've the criterion 10 judge of the legality OF
this election. The governor may think one
way, ard this committee another, and vet we
may all be influenced by good intentions
From the prefent view of the fubie6t, am in
duced TO vote 1gainft the report. l lean fill
more to the rejection of the report, as by ftting
this election Aide, the Legislature OF Pennlylva-
MIA, which is now in feiIon, will feel more i'm
mediately the necefhtv of exerting its conftitu-
tional powers, and of pretending Ivy law the
times, places and manner of holding elections
to sill vacancies in future.
Mr.. Taek/on. Mr.. Cbarman-Two obieefi-
ons have been made by gentlemen TO the re.
port of the committee of elections: q. that
the contribution of the United States requires
that in all CAFES the times, places and manner
of holding elections fhal be prelcribed in each
fate by the Legislature thereof; and as no law
has been paiied in Pennsylvania providing for
the cafes of fupDlying vacancies occa6oned by
death or reiieuat,o-, that the election of Mr..
Hoge is invalid-od. IF the contribution does
not conclude the quehion, we have right to
examine all the circumstances incident to the
proclamation of governor M'Kean, and to de-
ternine whether the Discretionary power vefted
in him bv the contribution, as the executive of
Pennfylvania, for the time being, was duly ex-
erciied not; ard it is afIerted that it was i'm
property eXercitec by MN.
The fourth fection. of the frA article of the
contribution, upon which the fuperftrutture of
the arguments on the firt point refs, is in thefe
words, "the times. places and manner Of hold
ing elections for fenators and Representatives,
fha'l be prefcribed in each fate by the legifla-
turc thereof" &c.-The language of the fe6ti-
or clearly proves it has reference to the gene
raj elections and prccludes the idea that it was
Intended TO include the cafes of vacancies, as no
Isc ~.
TIME for holding elections to fnppIy vacancies,
that would thereafter occur. Who can deter
mine when the incur bent will die? When the +
unre,erting hand of death fiall cut the thread ,
OF life or when fone occurrence in life lhall in
duce him to reiian into the hands of the people |
rho trt,A repoGed in him And unlefs thefe !
things are foreGecu, the tate legislatures cannot
fay at what TIME, at what place, and in what !
manner elections 70 fupply vacancies fllall be !
held. II the lsginature were to pats law re-
gulating the t;,re only, and leaving the place and .
manner 10 the direction of the executive officer
conducting the election, on designating the place
ard leaving the time and manner to be fixed by
him, it certainly would not be compliance
with the requifitions of the contribution and
psrion thus elected would not be constitutional
ly entitled to feat in this houfe. In the con-
ftrucfon of grant, it is pecefIary that the per-
fon thereby claiming privilege, hall fhew that
he has complied with all its requiftions, and If
being imperative that the ftates ihall prefcribe
the time, place and manner of holding elections,
doubt very much whether compliance with
either rcquihtion alone would be correctly
within the meaning and fpirit of the conftituti-
on.
am the more inclined 10, adopt this con-
hruceon, when ] refer 70 the paragraph con-
tanned in the fecond feetion of the fri article,
which declares that "when vacancies happen
in the representation from any fate, the execu-
az, A. n,
Oil to 81 fi1ch vacancies.' Either this fentence
has fome meaning, or it has not if it has any,
ii clearly follows that the cafes of vacancies are
provided for in different way from that di-
reGted by the fourth ftction, which flcreeds it.
Mr.. Chairman, when | contemplate the great
talents and wifdom which, the trainers of this
inftrunlent pcfiefied in IN eminent degree, and
the perfoicuous and emphatic language which
eharacferifcs its proviiions, that not only every
paragraph, but every word of each paragraph
CONVEYS fome meaning, cannot reject the fen
stt read 'S;;' tteS, fT;i5fiifis and
imperative ; and unieis it is rejected, the exc
cutive authority of any fate has the power.
s3ds TeGrGred 70 iifue writs of elections to Ell
fiich vacancies as may happen in its reprefenta-
ton, independent Of any fate law, or prov.i- |
on 4; and in conformity with the ftbreme law OF
the land.
Some gentlemen, however, contend for IL |
Ulited contribution of this clauie, granting to |
the executive authority 20 ifue writs of elecl- |
on, by denying the right of Designating The |
time, place and manner of holding fIch eleft- |
ons; but it is not to be prefumed that a power !
60 merely nominal would be guarded by the in |
fertion of an independent and exprefs prov6on. |
II, however, err in the opinion have advanced, |
deny the propriety OF making contrary de- |
cifon at this late day. The fates, the great |
parties 10 the compact, have, without Jingle !
exception that know Of, confdered that va
can>ies are to be fuppl;ed by writs Of elections
under executive proclauiations, and have not |
paTed any law upon the flbieGt. a rerpeGt for
their dechons, for the uniform practice Of this |
houfe, and confcioufleis that if we err, il is |
On the fidc Of jufice, will hope incline US to
fuftan the report--if we do not, call upon gen
temen TO go through the houle, TO examine the |
rights Of every individual to feat; and to de- |
eide all cafes fimilar to the one now before us
in the fame way. Sir, we have no law IN Virgil |
MIA providing for iimar cafes, fpeak from pre-
fent impre iIions. IF am miaaken, / will thank
gentlemen 20 corre9 me. Two of my colleagues
(Mefrs. Clark and Wilfon) now hold their fcats
in virtue Of elections held to fIpply the vacsn-
cies occafoned by death, and reGgnation. III
the gentleman from Pennfylvania is not entitled
to bis feat upon con1itutional principles, my