Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-01-25
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EsDAY MORNING, JANUARY Q6, 1897.
&c Of Electors by the State Legtstatue,-

Constitution, in the mode of choosing electors
esident, as practised IN several of the states.
/ - recollection of his argument be correct, his
n position was, that the choice of electors by
Tn: gisatures..irect, was uncou,titutional-and
-.sis, presume, was Intended to Introduce the
next, and most iupcrtan, enguiry-if the votes Of
se.,e states, whose Electors were chosen by the
- Nature, (New York, for exarpls,) ought not
e scrutnzed, and rejected in the final sount
fore the House of Representatives, IL is come
ie Since read the essays of "Rot me-" and then
rhaps, not so attentively as they deserved; and
u shall be therefore excused, il have mistaken
ot,er the position or the conclusion of the author
- we will suppose, until we corrected, that
or have stated both accurately. We do not mean
eStis time, to attempt scrioss rel,ly to Roauc,
agh we fee! strong conviction that his theory
\ FEsore plausible than sound; but the com,ncn
K ac zeal of Nm Brent, jun, Esq Of Stafford,
Z feeln, from many circumstances, we believe tn be
( fet and the same person with Roaue, is pushiu,
dr. question tU practical results in the House of
inch, 'entatives. will, for The qualification of
the dolic, rcpublish what the constitution says on
deliveiect of cho, sing electors.
as the LIE ID, SECTION ID" each state shall
rradeS IN such manner as Ire Legislature thereof
4. N'Frrct. a :ur,ber nf Electors, equal 10 the
49, Ja,bumber of Senators and Representatives to
- the state may be entitled in the Congress.
words in italics, point out the provision of
va section which bears upon the constitutional
afHSe constitution which can be viola ted, if this
hnu'he, by the Legislatures of the several states,
soon aer of them, making the appointment of Exec
LOT themselves, instead of referring il in mode
asheaa by them to the people. Perhaps there is
oe nfause in the whole constitution, which TO
pf'n mind, unaccusomed to seek for occult mean
nd to bestow metaphysical constructions up
T,RT Ple propositions, conveys clearer or more
)arrassed meaning, than the one we have
@! each state shall appoint, in such manner
Eiae Legislature thereof may direct the Electors
-. which they are entitled 1t is to my mind
60, ,st rs plain as the Commandment, thou shalt
~ Jteai." The first object of the trainers Of The
: A. nstltutiou, was TO leave the power of appointing
electors to be exercised by the respectve-
:, or by the people. The quo modo, is left the
Secretion OF the states As this discretion is limit
ed by no restrictive idea-as no particular mode
of electing the Electors is prohibited to the Iegsla-
lures IN the Constitution, .be natural inference is,
That the whole circle of and modes j. left to
their free choice and selection They bound
ed by no other consideration than the pervatiing
spirit OF our republican institutions that the choice
ssha be made, either directly OF intcrmediately by
the people. II the Legislature of Virginia under
the discretion thus left them ny the Constitution,
were to confer the power of appointing Electors
fe IN the judges, this might be urged with much force
n violating the spt If not Tue letter of the Con-
pa 1tution, as destructive Of The cardinal princ-
of rs OF representative repubtansm. The same
theiection would equally appyVo the executive.
asso does IT apply TO the LcgSianre Mr.. B eut in
by ipet;tion to Congress says il does. We have
Ro, er the petition, nd do not remember the
Sc Rsoning of"Roane," tn sustainthe same opinion.
Mo render the idea tn the Constitution is yio-
any a by the stale Legislatures themselves appoint
care Electors, even nteilgible. distinction must
established between the lerpi Stale aud Eegis-
IRE; and the distinction must not only be estao-
she'd but u erpear that Se str6ai'iGFlr --
n Torn o,A tIN.
never used spontaneously. Each state shall
bint, in the manner the Legislature Thereof may
sct, the Electors, Nc. II the word State does
,u:u mean Legislature, and is never used in COM
N, or even learned conversations for tiff the
Hniiions of the two words are so distinct and
similar, that cannot suppose the trainers OF
e Constitution could have employed them syuon-
hously,or foreseen that tbs7 might be so employ
d, then Mr. Brent is right IN saying that an cleo
on of electors by the LegiSdfIre, is not an cleo
IN by the STATE. and that; consequently. the I'd
elton of The Cd article. is violated. But who is
prepared for this hair splitting mode of intepretn
on: is not the act of the legislature in every
iyable case, the act of the State? Are not the
sowers of the people for the time being, suspended
in those of the Legislature When the Legs
lature of Virginia ced,a the North West
I. Territory to the United states was not this
called and known as the acof the State? When
the government of the United States found
"|NSSSdJ W itSoit 10 IlNduon us SUPP
'0rt, certain advantages wore held each
Hafe winch would advance its quota within spe
. lhed time, Is IT not apparent that bv the word
ofGte, the Legislatures of the several states were
meant, to whom the application was addressed,
and by whom only, it could he complied With In
short. as to their acts, and all the purposes for
which they exst' find it impossible to discrimi-
~ ate between the Legislature and the State--and
~ are persuaded thatif the Trainers of the Con
" tuition aid not tofesee Gas many of them lived to
ie,without discovering that 1t was violation of
no at nstrurDenD that Electors would be appointed
f the legislatures directly, vet that their intention
ia Ythis clause, extended nrlher. than simply to
&c Geld the power Of appointment to the States with
out troubling themselves to the mode in which
the states would choose exercise it.
p These observations have been suggested by a
paragraph in the Fredericksburg Herald, sgucd
"Gunston The writer of that says-"From
Washington we inform you, (the editor of the Her
add that the petition of William Brent. iun of
Stafford, calling the attentou of Congress to a
scrutiny of unconstitutional and illegal votes Civ
en- by the Legislatures of several states, and pae-
ticulariy New-York, has beer referred tn a conn
mftce of the whole ho'ise, on the state of the
union" Whatever opinion we may have of this
new doctrine Of Mr.. Brent, we are pleased at the
individual zeal and hrmness, which have forced IL
on the consideration of the Representatives of the
people. We 20 all lengths with him, in upholding
The nvolability Of the constitution. But when the
Subject comes to be investigated in Congress and
chat body should determine, that II !. unconstitu-
tional for the State Legislature to appoint electors
of President, has the Congress of the United States
either branch Of il, any constitutional power to
purge the Electoral Congress, and 10 exclude the
votes Of those States, which have chosen Electors
by their Legislatures? Is Cougress tbe proper tri-
buHal to pronounce the law Of stats unconstitu-
tionaP And even il it be, the decision ascot
ate retrospeclvely, aud nullify the acts Of those
states. yho under an erroueous hat honesf cnnsfruc