Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-11-16

ny
% "Itis perfectly obvious from these clauses h,
|" chotce, an " election" or an "oppoimtment'
!, are precisely synonmous, and thai the cons,i-
tut'"nd fines ap disappointment" tn be choice.
. or an ELECTION" aud from the 4th sect. il Is
\ equally clear that the manner of holding the
elections OF senator's is something entirely
uiierent from the election itself. Having, thr,,.
sne~n from the constitution Of the United
o'a'es that an " election" or choice, az on.
) Po'n'men" are widely different from the man
ner OF making them, l shall next proceed To
Il enquire
} Whe'her irhen an election or an appointment
IS directed by The consultation of he Unifed
oid'eS 20 De Rnde by particular bodu, that
pohcsr can be 'ighJaAy exercised 6y anu other
man Ma: prescribed by The constitution +?
l. Inc hrst election or appointment spoken of
IN the constitution is as follows:
Art. l.. Sec. H.. cl. H." The House of
! Representatives. shall consist of mem beers cho-
gen Every second year, by The people oTtke Sc
rerdt sfates and the elce.e.s in each st.,a sh,u
nave the qualifications requisfl-
OF the most numerous branch of the state ie-
gislature."
Art l. Sec. II. cl. w." When vacancies
happen In the representation from any state,
the executive authority thereof shall issue wrlts
OF election to fill such vacancies"
From these clauses it is plain that the rep
|
resentnnon of a state, are precisely the same,
ana mat here the term people of state" and
stale" are precisely synominous. And it is
equally clear that " the Legislature of IA state''
IS term used in a sense very different from
that Of the term " state"
Art. l. Sec. w. cl. -" The times, places
and manner Of holding elections for senators
and representatives, shall be prescribed in each
state, by the legislature thereof; but the con-
sress may at any time, by law, make or alter
snch regulations, except as To the places of
choosing senator's" An election of "Ihe repre-.
senfaiion from any state" must then be made.
ny +" the people" of the state and the "legis-
lature" thereofhas merely power to direct the
manner" The constitution having given to
| the f" stateS'' " representation in the con-
gress," or what is the same thing 10 the peo-
pie of the states" right TO elect members of
the House Of Representative and having al
50 gwen to the legislatures of The states the
power to prescribe the " manner" oil making
snch elections, under this authority, and dircc-
Ton TO prescribe The manner, can the Iegisla-
ture of state choose the representatives TO
which the state is entitled? Would an ap;;oint-
'nent OF representatives by a legislature of a
slate satisfy the terms of the constitution, tho
naue with the acquIescence or express consent
"t the people The constitution having direct
Ell Inc people OF a state Ia elect, chuse, or ap-
! point their representatives, aud they having
agreed to do so themselves by their compact
with each other, would not the delegation of
| ms power he a manifest breach Of the cunsti-
tuition of The United States Ii the people
can delegate this right To their legislatures can
they not delegate il to any other person or bodv
oil men The hare statement Of these pro
posi- IONS, 1t IS presumed is all that's necessary
10 shew their ahsurdIty. Again, admitting on
the part ut the people ola state a full acuui-
escence to such Legislative appointment; would
me members thus elected be permitted tn take
'he'' seals IN ne congress, and If they were
permitted would the acts of congress under
such legislative appointments be considered rs
laws OF the u. States Would the people oil
me united STATES yield obedience 10 such an
usurpa,lon Would the supreme court of the
United States establish as law, the acts ofsuch
Representations" from The legislatures of the
states The constitution determines him To
be a representative of a state, who il chosen
by The people, aud not by the legislature there
The NEXT election prescribed by the cons,i-
tuition Is that of the Senate of the United
States.-" BY Art !. Sec. III. 81. I--Ouoted
above, the" appointment" of senator's shall he
made by the legislatures of the states and by
sec. Nv. 81, |. of the same art. also quoted n
bove, The legislatures thereof shall prescrib.
the Z" manner" The constitution having thus
vested IN the legislatures of the states the am
rontmeDt of Senators, and by a distinct clause
having further authorized the legislatures OF
| Tie several states TO direct the " lnaunern of
holding these elections, let us suppose that IN.
legislature OF any state were 10 Iranfer th. an
ponfment of the senator's of that state Tn the
President Of the United Safes or that the
President were 10 make an appointm.ot of
the senators Of a particular state, and that no
objection were made III the part OF the state /?
IAN any one for moment believe that such
PRESIDENTIAL Senator would be permitted 10
lake bs seat IN the senate, or fhe were, would
Tue supreme court decide the ACTS, passed NV a
congress, with body thus organized as the
senate, tn he the law of The Land
Again, by art. II Ser. H. cl. i1.-"U He fine
| Presidenf) shall have power, nv and with IN.
advice and consent of the Senate, to make trea-
ties, provided twn thirds ofthe senator's ufes.n,
concur and he shall nomuate. and bv and
| ~ith the advice and consent OF the SENATE
shall appoint ambassadors, other public min
isir's aDd consnls, Judges ofthe supreme court.
ana All other officers of the United States
| wn"se appointments are not herein otherwise
PROVIDED Tor, and which shall he established
ny Jaw. But The Congress may, hy law, vest
| me apppintnrHt Of such inferior officers rs
| 'h'y think proper in the President alone, in
the courts OF law, or in the heads Of depart
mcnis"
Here the President has power by and with
The advice and consent Of the Senate 10 az.
point ambassadors, and judges oftlIc suprenr
court. Can the President cause this power
OF appointment 10 vest in any other person !?
Suppose the President To delegate ll,s pnwpr
10 some other body or person. with the &c aui-
essence ~ The Senate. Would an appoint
rtfYrtNs III. a Al