Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-30

- Ihere can be little uOupt, tnat Inc feOpie nau
right, prohibit TO the states the exercise OF any
powers, which were, in their Judgment, incompati-
bic with tire objects of the general compact; TO
make the powers OF the state governments in given
cases, Subordinate 10 those of tie nation, or TO
reserve TO themselves those sovereign authorities,
tohieh they might not c.oCSe TO delegate to ci-
tier" (27.)
The fact that there is cypress clause, desg-
mating who shall appoint electors, is plain. The
Journal OF the Federal Convention proves the abor
tive attempts to insert such clause, this consti-
tutiol " This constitution for the states" derives
It's existence from the People" The powers Great
ed by belong TO them, where they have not parted
with them. And the fact that they have made
an enumei alton of certain rights, III this constitu
ton, they have solemnly declared shall not be
construed 10 deny disParage others retained by
them. Their power to choose electors Is unques-
tionable. The pow or has not been granted 10 any
one; it is " retained By them"
Il follows, therefore, that previous 10 the adop-
ton OF " this constitution for the states, whatever
may have been the extent OF power claiin.l by the
State Legislatures, to act for the sates,'' ia all
cases mot OtherU pr0rided for admitting
them TO possess the de>polic power of The British
Parliament, or of the Roman Senate; yet when it
pleased We the people OF the United States
nneluvocaly distinguish, and separate by dis
tinct sections" and accurate definition, between
the power TO choose, and the power TO direct the
manner, in which tbs choice shall be made, and
when we expressly declare, that - the enumeration
OF certain rights, shall be construed to deny or
disparase others retained by the people;'' We
mean what say. We mean that the legislatures
may direct the manner; and we mean to ietan the
appointment OF electors, an oar OlDn hands.
And here let me say, it this great and important
amendment to this tcrittGli" constitution for the
states" will not effectively apply in Mis case,
Is believed, that there can, and surely, neuer
'cH, arise a case, in which it ever will apply i,
VIII be worse than useless: an empty mockery.
Whatever may be the opinion, of some, that the
Legislatures ought TO possess the power of appoint
ing electors, because it would be in consistence
with the hest scheme OF federatve polity TO dis
pose of the electoral right i'll that way (2S.)
. This point to them is entirely cOranl nan iu-
dice" . The people alone are competent, 10 decide
H. go and they have decided, that the power 10
direct the manner OF election is totally different
from that OF making the election ITSELF or OF desig-
mating those who shall make il. 's Their will is
supposed TO be in accordance with their express
sions;' go and we must suppose them To have
Intended what they have said" (30.) They have
said, not that the legislatures g ShGH' direct tie
manner, but that they - may" They have no;
said, that the Legislatures shall make the election Of
electors. They have said that the enumeration OF
eir rights with regard 10 the election of rcpresen-
tatIves shall not be construed TO deny disparase
other rights reiaiucd by them they have not e.,q
mated any persons to choose electors Tor them.
Quod voluerunt non dix.runt.' (Sl.) That the
powers not given are ed is undenaLe: This
principle Is part Of the constitutions and if ther e
DE any who deny us necessity, deny its
authority
After this critical analysis of the constitution
with respect to The powers conveyel, in order 10
make elections for the government of the United
States; and having seen that the legislatures OF
designated as the organ of the states, 10 make the
choice of electors, or to designate those who shall
make this choice, for the different 50 members OF
the Unions; the assurances OF the members of the
Federal Convention that the people are To choose
the electors" would seem to be conclusive. But
we shall shew that the caution of that day of viz
tue and patriotism has stopped here.
Ia order 10 give 10 the words of this clause re-
latins ta the apociniment of electors their G,u, -
tue value; and 10 bring home TO as II were, al
hts day The unequiVocai meaning of this clause, as
presented TO the minds of the Federal Convention
OF the people and of The State Cony entions at that
day; let look into the Others great federal char
ter, the articles of confederation, whence this |
and other phrases, in " this Constitution for The Uni
ted S,ates," are obviously borrowed
Articles If Confederation, aud WE, THE PEOPLE Of the
prrPeua! nipu between ths United States esaJih this
SlAlEo'-<![t. j. ConSHuti0H Tor tbe StuItS
Delegates shah he annually (5?)
appointed in uc Each shall appoint
'tue legislature Oi each such
"5haIl aUee to meet IA Con- ture thereof may direct"
gre-s'- number, sc.
- 1t is we think impossible 10 compare these
convention understood itself 20 change mdteriaHy
tie extent OF powers conveyed to The legislatures
by them And that the extent OF power to appoint, |
at such be the Power) is, in the last case clearly
aud obviously less, than that conveyed by the
first" 1t is hardly to be presumed that the va
ration could have been accidental. 1t must have
been the result OF determinaie reason, and it
is not very difficult to find 70 support the
apparent change of intention" (33) This surject |
having been examined IN number last fall, beg |
] ave to refer to that.
Let US, notc, see, the extent Of the power which
the practical statesmen, OF that daY, considered
as vested in The legislatures, by this .icle of the
confederation Did they conceive that the legisla
lures OF the states had vested In them, by this article,
any POICer tOhuteuer to choase Delegates or to de-
stsHdfe those persons t0hO should
The illustrious statesmen, aud patriots " who |
framed these articles had been many ofihem deep
~ engaged In the discussions of that day and well !
versed, IN The great principles perv aiding the Ame-
Iicaa Constitutions adopted aud adopting, at th1t
time, throughout the United States. They well
knew, that they conveyed by this clause OF the CON
federation, pOlCer tOhdteUeT to the legislatures
Of the states, ~ maize this election Of delegates
for the states. But let these patriots speak ior
themselves.
Let the constitutions Of tie different states be ex-
amined, and see, if in of them, 4" this phrase
has not received construction exactly similar to !
what is here conteaded for" (34.)
The constitution OF Virginia contains the follow
ing declaration: " The delegates for Virginia TO the |
COntine' | Congress- shall be CHOSEN annually
10y joint ballot OF both Houses Of Assembly"
The constitution OF Maryland ordins, -" That
the delegates to Congress, from this state, shall be
CHOSEN annually by joint ballot oil both Houses Of
Assembly
The constitution Of North Carolina ordains, that
The delegates for this state, to the Continental