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

depend on this change of the word prrscriben
} 70 the word " direct" This part of the clause
men, vests in The Legislatures, no po,oer ,ohate-
per, either to choose electors; nor does it vest in
them, the power to designate The persons who
snaii choose them The power given being moth
ing more than to make regulations 6y ldtc'' as
III me Case oil representatives and senator's
Again. inns constitution says, that, The Legis-
'a'ures shol direct the manner of choosing repre-
sentaives; and that the Legislatures n,o, direct
the manner OF choosing electors.
Ihe vindication of the purity of the federal co,
Fenton, from ali intention to cheat and deude .,o
paiter' with the people, an q double sense. and
the reason oil this change from " shall to NAV,
IN these great elections for the government of the
United States; and the meaning of the word =. p,av,,
IN h'tS, and in every other clause of this con-
stution Tor the states" having formed the subject
oil former number, beg leave 10 refer 10 thai,
Q5) "'A''
Having seen, that there is nothing in the section
quo'eu which gives TO the legislatures power 10
choose electors; our next enquiry is
I Whether there be any separate and dis,;oct
section, as IN the other elections, yestine This
power in the legislatures Of the states bv eSnress
words? PISS
| No such clause is TO be found in This ,rriiten
constitution Tor the states, which " We the Peo
pie" have endeayored Ito establish
There is not, then, any express power au,horiz-
ing the Legislatures 10 appoint eectors-That ,bia
Gu,
received the attention OF the Federal cony en,ion.
must be obvious 10 all: and yet we discover no
u'sihct clause, no express words, in the cases
OF other elections for the general government. de-
signaling those persons tUho shall choose the elec
tors, which" each state shall appoint" We have
already seen, that in cases. where the Office il ere,
ated IN icTitten constitution, that The political
society OF state Is neUeT organized into its Ieeis-
iature, tor the pHrpore OF designating the persons
who shall elect, or choose the person or persons to
NIL such Office, and therefore, in the United States
cannot be considered legislative power And
moreover, we have the positive assurances OF the
members OF the Federal convention, made to the
People, while they haG the constitution before them
Tor adoption or rejection; and we have seen The
same solemn assurances repeated aud not gainsaid,
in the conventions o! the different states made bv
members OF the Federal convention; assurances the
mos: explicit, and unqualified, that sc The People
shall loose the electors"
\ If these solemn assurances required any corroLo
ration, they have amply received it, since the pub-
lIcation OF the journal of the ilinstrious conyen-
ion which formed the constitution, by which it
distinctly appears, that no subject occupied so
much Of The attention of that v.rtuous assernblage
OF patriots, AS this. The Journal slews I6) that
the power 20 choose electors was at one lime Civ
en- by cypress words, by Separate and disiinct''
clause TO the legislatures, in the case Of senator's:
""' ",.c--'aIds, (l7) upon niaiurn- AAiie~rp,ip.
was s'rIcEen oa' OF the plan of the consti,,,-
} ton. (iS.)
This journal shows that numerous 10 aua,,,,s
had been made, in the federal convention IN .nser,
IN This Constitution ' distinct clause de,ignatiog
in express wods, the persons who should elect or
choose the electors, allotted 10 each number of
t"e mon (a)and that these attempts had as
invariably tailed in the end, is fact that must
lave been known to all the members of the federal
conve tion, friends, and foes to its adop,ion Vet
with perfect knowledge OF these facts. we find
these illus'rious and practical sta esmen assrjnc-
aIl America, that IL was the understandings Of
the Federal Convention that Z" the peopke are n
csoose the electors"
4 Upon what principle, then, is it, that these VIZ
iuous statesmen have made these assurances ~ The
people! The answer Is complete and satisfactory:
tiad MeR been capable Of using language
,Chech t0oud eOnUcy to the eye one iien. and az
! Ter deep reflections, impress on the mind o,,o
"er' can never believe, that this fellowship.
with The untruiul works OF darkness, could have
pervaded the majority Of that yirtuous asseu,baqe Of
patriots. (20.)
/ 10 the formation Of league such as was al
confederation, the state soveregniies were certarIv
, competent III And we know, that the - arti-
| cIes OF confederation and raGFetisi union between
The States, ratified ny the State legislatures
! (22.) But when " in order to form more per
iect unioh, 1t was deemed necessary 10 cbanae
these articles oil confederation into this Constitution
iJoT the United States, in order to yet rid Of that
Ola aaom1ly oil mai. Onsl government" (2g ! ac,-
! ing not Oh individuals, but on state authorities
'nc Necessity OF referring it 10 tie people, and of
deriving ITS pow dir6ctiy from them " as fe an
"cN"o"l lodged by ALL (21) Accordingly we find
t"at The cdsral Convention, although most of lis
members were elected by the State legislature
recommended, that this constitution for The STATES
should be sG5Tntied, not to the legislatures but 10
Il conventions chosen IN each slate, by THE PEOPLE
thereof And II was so. " Ia form and in sub
stance" this Constitution for the United States
emanates rom " the people" The powers il con
icf- " are granted by tie1u and are to be exercised
drectiy oR them, anI for their benefit. The
I powers conferred are clearly aud distinctly enume
ralcJ those, particularly respecting elections 10 be
made Tor The government OF the Uniied States are
enumerated, and dcfaed as we have seen, with
caution sinsulrly curious. Whenever the people.
Va this constitution, lave granted NEW DO er to
their Stale legislatures, such powers as Me- have
not PrCOi0Usig conferred on them, in ,hrfsS ate
Constitutions, the cTpicit and distinct terms
/. nave beeen used.
Bat We have seen, that there is no power 10 the
legislatures to choose electors given by the peOple
from whom oil power derived from the constitution
necessarily flows. The people must, then a q.con-
sidefed as having re-eryed It TO thcmseiyes Vie
principle 'hatoniy such powers. thc people have
granted by this constitution for the states, can be
yigh9uIy exercised, ci her by the general gov ern-
meat, or he State Legislatures, in relation cleo
tons to bc made for the government OF the United
States, would Illus seem % be plain and undeniabe.
These dcd teton, do not rest upon general
c ing, plain and obvious they seem o BE- They
J nave been positively recogileIby Of the arti-
= clcs i'm amendment Of the constitution, which de-
y ciares," that, 25)
" The enumeration in The constitution Of certain
If ights shall mo- be construed to deny disparoge