The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-12-06
DOMESTIC.
LEGISLATIVE PROTEST
OF rHE MINORITY IN MASSACHUSETTS


The undersigned, members Of the Senate of
the Common wealth Of Massachusetts,, dissent
from the joint Order of the Senate and House
OF Representatives. passed in Senate, the 18th
November, 1905, directing All appointment of E.
lectsrs OF President and Vice President of the
U. States, to be made by both houses in convcn-
ton: sft
First-Because the constitution of the United
States provides, that each State shall appoint E
iectors ' in suci, manner the LEGISLATURE there
of may M ect," thereby referring to til: respec.
tive State Constitution. the forms of legislati
OH and tile constitution of this Common wealth
declares that no bill or resolve of the Senate and
House of Representatives, shall! became 4 law,
and have force as such, until it shall have been
laid Before the Governor far his revisdts that it
may be approved by him, or returned W it'll his OBJ
.;eetons /; in which case, it does not become a
law, unless repassed by two thirds OF each house
This is the only mode OF legislatinS authorised
by the Constitution
A legislative direction, being an act of lcgisla-
ton must, like other laws, be passed in this form
To effect it in any other way, would, in our OPT
ion, be ar evasion Of the principle OF the qualif-
ed negative, vested by the Constitution in the
Governor, IN infringement of his rightful autlio-
ratv an interruption OF the constitutional balance
OF q ,wer, and an outrage upon The People III the
person of their elected Chief Magistrate.
Secondlv-Because the Ordsr from which we
dissent. mt only directs tine appointment of Elcc
tors. but also prescrbes the place and time of
der meeting, and their proceedings ana even
authorizes theNa, in certain cases, to appoint o.
fher Electors and give them certificates OF their
.--no;nt,nent An act purporting to produce these
uneouivocal effects of II law, without being laid
before the governor for his revisa Is, IN our 'iew
Clearly Unconstitutional and void
II observation-disclosures it is an unreasonable and
dangerous innovation upon the established usage
or tins Commonwealth /; the manner OF appoint
o. oil
directed by q resolve passedin the usual mode OF
LEGISLATION. 1t is unreasonable, inasmuch, as the
Gooeysoy, who represents the People ut large,
must be supposed to have been intended by his
constituents, when they elected nm, TO nave,
exercise, and enjoy, the same power IN
this respect, as all former Governors and 1T IS
danrerous. As a precedent, which, II established,
NAV lead 10 further evasions and encroachnents
of one Department of Government upon ano-
ther. .,
Fourthlv-Because choice by the people
ought to be preferred, as it best comports WIFI
the letter and spirit OF the constitution, Una.
Sfate. shall ubboint the Elector, i'll such manner
the Lep;sLati.re thereof shall direct as there is
good reason to believe, this is the sense III winch
the Constitution was generally mderstooa III Tue
time of its adoption IS 1t is coniorniaole 10 te
habits of the people of this Commonwealth ana
their sentiments Indicated OH 1orihef oeo'S
Is the present Legislature canEot De pfesunieu
10 have been elected by their constituents win
a view to the exercise of this power, there beng
no previous law for that purpose, anc. the gene
peo pSs S empbssicay required by State in
stitutions, there being many towns, districts and
plantations. whose inhabitants are not, and can
not be represented in the House OF Representa-
tives, but who are entitled, in common with
their brethren, to vote IN an election ny the Peo-
pie. .o
For these reasons, we Dissent from the vote
Of The Senate, adopting the said Order, and So
LEMNEY PROTES Tsagainst any proceedings
in pursuance thereof and request, that this, our
Dissent and Protest may be entered Oh tue Jour
nails of the Senate.
Signed by II Members