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

L.
81 enm iseeSian get dba gus pa aL ad t,an
corinIh XIV. La bonne .a,t,ehe r,ul. ntoa La
qasi & ssavrr vsi,eI L. Ii. Xvii aai -
Having seen, whenever Office is created in a
toritten constitution, that the power to fir the qua
Afc0tions oil hose persons, bodies, or depa lments
who shall choose the person To I'LL such Office is
power tcithheid by the people, and therefore, not a
Legislature power: while on the contrary, the pow
er To direct The manner OF such election L., pc
cufi1Tly legislative having seen, that pow er not
gtren, Is toithheid by the people, toh0 are soue-
reigti that the members oil the federal nyeution
friends and foes to the adoption oil the constitutions
did, from The moment the constitution was placed
In he hands oil the people, llem that The
peopte are to choose the electors: that these as
surances made in a corner and that
we accuse all the illusIrious men of That day
with base and shameful connvsnce at dupici,y
and falsebood; if this constitution Tor the United
States" can br made to sag any thing else IN this
case:
We shall now enter upon this tcriiten cons,i,,
ton for the states, with these safe, and iunda-
mental principles to sustain US, and shall make
them the Test" % in order TO determine
| Whether according < fair and honest"
co. struc,ion of that instrument the power n an
point electors OF President, and Vice President can
be 'tghJutiy exercised BY the legislatures of the
states
Upon the first perusal of this constitution for the
states, we are forciby struck with the perspicuitv
and If may express m self, with The singular
nudity (2l OF lis style. The powers i, confer, are
divided and arranged with the exact method {,
clearness, and atho has been properly 5, We'd an
Instrument OF enumeration, (3.) set such has been
the caution, with which ii was framed that in all
great and important points, it has secured The in
lerests OF the people by exact definition, (4) and
lastly 1t is puncuated. (5
| 1t is a sound rule OF construction that to fair
exposition of any tcritten ms rument, we must
compare its parts together and that statutes in pari
m0feyia. or upon the same SUBJECT must be con-
srued with reference TO each other; that what is
clear in one shall he called in aid to explain
what j. obscure AID ambiguous in another This
is the rule of authority, well of reason &c \
| II has been adopted In eNpoundeg tie constitution
on the most important occasions. IA 4" know of
no why this rule should be excluded in this
case.'
Let us then carefully examine the phraseology
ofthis constitution for the saies in relation TO 9th
er elections directed by that instruments for the or
ganizstion ofthe government of The United States;
let Us eudeavor 10 determine The extent of powers
created in those cases, and in whom vested; and
lastly, let apply the deductions thus Obtained TO
the under examination.
Art. I. sec. l. All legislative powers herein
granted, shall be vested in Congress of the United
Of ri se sgs end tJ Hspss
Representatives established.
shall hare at least repre>entative'--and that,
% The State of New-Hampshire shall be entitled
TO choose three; of Massachusetts eight" Sc. And
in IL. l. CT. IL. it is declared that the
states may be entitled to representatives TO more
than one.
Each state shall hare at least representatives;
may be entitled to Representatives and lastly shall
be entitled to choose them. DO any or all OF
these phrases designate, and point the persons
who shall elect represent atives? If they do;-then
it would seem, that these same persons would be
designated. by the phrase which declares that
" Each state shall appoint" The term g State''
is, in all these applied TO the same sUBJEcr:
TO elections to be made for the purpose of organiz-
ing the government of the United States. Isl
Art. L. W. cl. l. ordSins that, 90 The times
places, and MANNER OF holding elections for Sc
majors ard Representatives SHALL be prescribed
in each State by the legislature thereof but the
Congress MAY, at any time, BY LAW, make or
alter SUCH REGULATIoNs, as to except the places
of CHOOSING Senators. co.
Such is the caution of the phraseology, that the
extent power vested in the legislatures declaring
that they SHALL prescribe the MANNER OF hold
ing elections, is actually detiHed To be, nothing
more than mere REGULATIONS, TO be made, BY
LAW. The Legislatures shall pr csci be the MANNER
of CHOOSING representatives they shall make
such regulations, by tq,os passed tor that purpose
| And so MAY Congress, at any time.
Does his clause vest in the legislatures power
TO appoint representatives? If so, Congress nlay,
at any time appoint them. But let Us see, Ill there
he not an cypress clause designating toh0 snail
| choose representatives.
| Art. |, sec. IL, cl. l.. " The house of repre-
sentative- shall consist Of members chosen every
second year, by the People of the several states
and the electors in each state, shall have the quail
caiions requisite tor electors OF the numerous
branch of the state legislature"
Thus we discover that the power TO choose re-
presentatives, and the power 10 prescribe the man
rIeT are g given in separate and distinct sections
OF the constitution" These powers, " therefore,
scarcely he considered a. one and the same
(l0) The duty Of the legislatures 10 pre-crJe the
manner, is totally distct from that OF the People
10 appoint. g Tie constitutional distinction
between The appointment TO he made by the state,
and the regulations, By iOto - to be made by
the legislature, is thus too papable 10 admit OF
cayil.
Having examined with regard to this election,
the different, and distinct clauses by which power
is vested, and distributed and having determined
from the constitution itself, the EXTENT of pow
er conve ed by these clauses, let us now examine
tie different clauses that relate to the appointment
r OF Senators; aud let ses whether the deductions
c as to the erteHt OF power conveyed by the terms.
- IN the case OF representatives, will apply in ffai
case,- II we discover the same cauii as it res
i poets the arrangement, aud distribution of power
in using separate and distinct clauses to vest the
different powers necessary to- the creation Of he
Office, the designation OF the persons TO make the
u appointment, aud the manner in which hey shal.
hold the election; then, according to all honest
y rules oil construction should consider the extent
OF powers, a. conveyed by simiiar phraseology
IN other parts OF the constitution, fred, and set
lied, by that instrument, when applied to SINH
lar SUBJECT.