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

10 the parts oil these clauses quoted desig-
nate the persons who shall choose the senators to
which each state is entitled Surely not.
Art 1, Sec !, cl. }, ortains, that ss The times
places, aud MANNER of holding elections Tor sem
dtors, add representatives SHALL. be prescribed in
each state by the legislature thereof; bat the con-
gress MAY, al any time, ny LAW, make or alter
SUCH REGULATIONS, except as 10 the places OF
choosing Senator's We have seen tie extent OF
power conveyed by this clause, which is thai OF
making, By idto, mere regulations. The legisla-
lures shall PRESCRIBE The MANNER of choosing
senators. Congress MAY, at any time, prescribe
the manner of choosing them. Are the legislatures
entitled to choose senators by virtue OF this clause
III 20, Congress may, at any time, appoint them.
And we shall see, that II Is, by similar power,
that the legislatures choose electors Ard here let
me remark, that precisely the reasons, whcll
operated to give 10 congress, the power 10 pre-
scribe the manner of choosing senators and repre-
sehtatives, Justiiy and explain the OF the word
I" MAY" in the clause relating to electors instead
OF the word - shall used in the clause giving the
legislatures power prescribe the manner Of coos-
Ing senators. aud representatives.
Ari. i, sec 3, decilre>, that 4" The senators from
each state shall DE chosen by the legislature thereof
(li.) Thus see two 4" separate aud distinct
clauses" vesiing the power To choose senators in
the legislatures, and the power prescribe the man
ner IN the legislatures, and i'll congress.
Two &c distinct and total, different powers
are conveyed by two separate sections
And snch Is the singular caution with which
power is conveyed by these different sections, that
The ertem of the power confer ed on the Legisla-
lures to prescribe the manner of this election, is
actually defined beyond any possibility OF doubt.
a legislative body, authorized by cypress
words to make an election, is by other cypress
words, aud in :" "a distinct and separate secton,''
YES ed with power to prescribe the manner of that
A. oIi, ,bo
appoint, that 10 prescribe the manuer " ou!d seem
properly to belong; yet such is the beautiful eau
ton with which power is arranged, and vested by
TINS divine 10 instrument, that we here see an
express distinct section vesting power peculiarly
Legislative, in the legislative body expressly
authorized, III another distinct section, To make
the election.
In "this" 'c1itten " constitution f0, the States''
1t then plainly appears, that in these great cleo
tons. established by ALL for the benefit of all, the
power TO choose, and the power TO prescribe the
manner, in which this choice shall be made, are
powers totally different, and distinct. There being
10 analogy" OBJ between them, they are so
considered in this constitution. 1.-The constitution
then, considers these powers as substantive. and
distinct from each other, and places them in the
enumeration" it makes of the different powers re-
latins to elections for the general gov ernment,
=" IN separate and distinct clauses Obj
From this analysis of the clauses of - this Con-
-. 'sr'rs, III IarI InaI1l,o ,r1IarIIrs =,
me SUBJECT OF elections Tor the government of the
United States, we may, now, safely proceed, tc
the examination of those clauses which relate 10
the executive power of the United States
Art. IL. sec. J. 81. |. ''The executive power
shall be vested in aPresdent of the United States
Here we see the Office of President established
Art. IL. l. Ct. H. Each state shall appoint, in
such manner as the Legislature thereof may direct
a number OF electors"
Each state shall appoint.
In the case OF representatives, we have seen
that each state shall haze at least representa-
tive, may be entitled" to more and shall be e,i-
Tilted to choose" them.
We have seen, that in relation 10 elections to be
made for the gov eminent OF the United States, the
terms So 0PpOini' aud 60 ciOo,e' in fIis ccastif,i-
ton for the states, are used synonimodsly. This
constitution for the States then declares that each
state snail choose electors and that each state shall
be entitled to choose representatives.
Does the clause which declares, that each state
shall choose electors, Sthat which declares that each
stale shall be eRtitiedto choose representatives. de-
signate nix uponthe persons who shall make these
elections II they do, then they designate, and
Tx upon the same persons who shall make these
elections Tor te state. But no one can possil;ly
contend, TINT these clauses quo. ed vested the
power TO make these elections, IN the iegisI0t,,es
This would be too barelaceG. There must be some
other part of this clause relating to electors on
some oiher clause, under which the Legislatures
shelter themselves.
Let examine the remainder Of the clause inst
quoted, which declares hat, The Legislatures man
direct Tic hummer Of choosing electors Does this
part OF lie clause vest in the Legislatures power 10
designate the persons who shall make tiu choice
ior the state;
Let apply to this part Of this clause ",he safe
and fundamental principles" already Is abli>hed
g ia Order TO D'Ghe them the test of the exicn,
OF powers claimed in this case: lest these prinri.
pies, now so plain may be ob'cured, and doIl /.
may be induced in case, 50 whse, If the mind
were 10 pursue its own course, none would be per
ceyed." (iD
In the case oil repre- entatvcs, the Iegisl ltures
shall prescribe the mGltHeT of choosing them
Tie extent OF this power, we have seen. is defined
by the constitution itself, to be meyciy a power &c
mike regulations by iai0:" AID gives to then
no Potcer ,chdfcCcr, to designate the persons toh,
shall make this choice for the states.
In the case OF electors, tie Legislatures MAJ
direct he manner of choosing them. Here il som,
variation in the pbrsscolosy They shall pJescrib,
the manner OF choosing representatives,: they ma,
direct the manner oil choosing elecor Is th,r
any difference in the extent OF power vested in tl,
Legislatures, by the change OF the term pre-.
SCRIBE" TO the term "direct the manncr!' As
s1redy none. Let this constitution also, in fhn
case answer for Itself
This constitution declares that, "to the states i.
reserved The authority Of training the militia, ac
cordng to the discipline prescribed by Congress'
! Congress makes " such regulations by lsws'' pass
ed for that purpose. Tie constitution declare.
that with regard to particular crimes, "The tris
shall be al such place, or place., as the Congres
niGyby iGtc have Directed The censss shall h.
taken, " in sucl manner as they (the congress
shall nv lao direct" When congress pre-
scribe or a" direct the manner of doing an
thing, they pass lac to make such regula
tons" Congress may direct the manner {