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

| had 70 uniformly acted. decided the true feri;.
| Of the contribution out he was ttiil or opinion
| thai II feemed TO be the fairea contribution, a.
leaf in cafes where the legiila,ure had rot inter
| fered. The executive ihail nue wrts, is Tie
| language of command it renders the i?ui,g
the wnt an indiipeniible duty. The fourth
fetion IS equally potitive in erioining on the le~
p'ilsture to appoint the times, places aud man
ner Of appointing fenators as of representatives
yet IL the third fiction the executive is autbo-
riitd to appoint fenators to fupply vacancies in
the receis OF the lrgifaturc, and this is done
probably 70 every Congrefc; but he believed
the iegjilature of no ont fate had preic,ibcd
any ru'es for fuppyng vacancies in the fanlte,
though The conftutiCnal Injunction in that cafe
ON The executive, is certainly not 70 pofitively
expreiled as with refpett 20 fiuing writs to fop-
ply vacancies which may happen in the repre-
frnta,ives. Taking the fourth fiction of tie
fri article OF the contribution literally rs If az
pies TO the general elections, it is impoiibe eor
the Legislature to mention the day on which
vacancy may happen, az conitquertly 70 ap-
point the day on which an clcction to cipDlv
I vacancy fhoud Re held, ne II can 90 with The
general election, therefore it appears evident
that the contribution does not contemplate le-
ginatye interference in this cafe, though il does
not refrain the legislature s ON uitabhilinv rules
refpecsing it if they choo!e 20 DO e.
Mr.. T. faid, that from. view of the connit,,-
tiOna provilions reipe6t;as elections and torne
other objects, it had beer ne opinion of manv
that they were deGenedly calculated to give a
latitude 10 the Rates TO vary heir condutf with
rctpect TO forms ard circumstances. provided
the e6entals were prefarved; on this ground
only can the great variety OF pra6ice under
theft rules, and all admitted by Conercfs lie 49,
counted for. The III fe6sca of the end grti-
Gle Of the contribution dire Cts, that each Rate
hall appoint in iuch manner as the egifl ,trre
thereof may dire6t, number of electors Stc.''
From thefe words Pcnnfylvania and feverai o.
Their fates have always been of opinion, and
practifed accordingly, that it was the duty Of
the fate legislatures 20 preicrhc the manner or
rules agreeably to which the citizens 1huu'd sp-
point the electors; but the leyinaiure of New
York, ard perhaps fome o her itates, have al
'r+ys not only piefcTibe,i tire rules or manner,
but have thenfSlves arrointed the e!tSfors,
This he faid was more eHentiai 10 II, rights OF
the citizens than the cafe now befole the COM
mittee, and yet, though universally known hid
been in every nttance admitted by Conerei
The rule for the representation in each n4.9
has been prefcribed by the couRitution, We; in
many ftateS the representatives are chofen vt i
general election, in Others in frgle iifsicfs,
in other Gates even in Pennsylvania io1,e III,
tricts ckoOfe three members, fome two. aud
fome but one, but all of them may be choftn
from any part of the fate. Some other Gates
have been divided indeed into Jingle dnriGts
and Obliged to vote for candidates reGding wifi
IN their REFLECTIVE d;ftricts. He iaid ne y.oplsi
not 6etaih the committee with further infan.
.ces Of the various and yet approved pradif.s
under the contribution. but hoped that even the
members who might be of opinion that P.,r-
Ifylvanla had not given the Confit,,tion in the
inttance IN queition, the mott corrcG couhruc-
ton, that yet they would duly confder other
inttances Of variety Of contribution which had
hitherto paiiId not only without Objection or
complaint, but with appreciation.
Mr.. +. laid, that i:nce this cafe was reverted
to the election committee, he had heard the O.
;2!ic:: & tfhe toiftitufiousi proyii!ons, acrs-a
bly, 10 which Pennfylvania had afed, called IN
queition, but never before that the objections
were new to him, but that on examining the
laws Of different tateS, he had dif.overed that
the legislatures of two or three itates, though
they had not literally prefcr:bed me times tcf
holding elections TO lupply vacancies, yet they
bad PTetcrbed tuch rules To the executive in
doing IL as anfwercd the fame purpofe, and
thought they did right, but Pennfvlvania and
fome o;her fates had not done 70 in anv infance,
and that in no inftance before the prefent Rad
an election been gueiti0ned, tecaufe the Iesif-
lature bad not appointed thefe rules. TIE le-
glllatnre of Pennsylvania not having preicrbed
any rules to the executive to regulate his duty
IN iiiuing writs to iupply vacancies, did not re-
leatc the governor rom the cODftii uiiODal ref
ponGbility Of performing duty 70 po6tivelv
and Internationally enioined. Hence, Mr.. 4.
concluded, that the election could not be let A.
hde, merely on the account of the Legislature
not having enasted a lazy to prelcrihe the time
of holding the e!eStiou, the governor had acted
in obedience to express word of the contribution,
and violated no law OF The fate. Setting aide
this election on this ground, would virtually an
Dul all tie elections to fupply vacancies IL Con-
greis that had ever taken place in the Rate Of
Pennsylvania and IN fome other fate. BY the
fourth Gttion of the iia article Of ;he connitu-
ton, CoDgreis is authorized By law to prefcribe
the time place, ard manper ofholding elections,
but this NUT be done by law not by vote Of
the Houle, after an election was over, therefore
that aniwer cannot applyto this cafe Congrefs
has pa1cd no fuCh law.
Mr.. T. faid, if the report of the committee
was rejected, it NUT be on other ground than
this--It could not be bccaufe the Executive ex-
ercifed his constitutional diicrction, but becanls
he bad exerciied it in corrupt, or in ,ucd IA
indlicreet or improper manner rs 10 vtiafc the
election. This was fair fubi e OF enquiry, on
which there might, and probably would, be
difference Of opinion, aud with rctpetf to which
he admitted the prOprety Of ieveral Of the oh
icctions made by his colleague, who lad u't
ta down %. Leib.) The governor il appears,
Iiiurd the writ Immediately on fhp rpGe.n .tiou