Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-17

such cases unless authorized by cypress words in
Ihe Constitution OF the United States, or of the
STATES. As for example, in the appointment OF
Senators OF the United States: the legislatures
most assuredly would not have had pow er TO make
this appointment of Senators but Tor an cypress
clause authorizing them TO do
Having seen, that "the political society of 4
Safe, organizes. itself into its legislature,
when it deSigadtes those persons, bodies, dc
Tartments WHO shall make appointments for The
State, where the Office has been created in the
siitution; and that the power 10 appoint, ga sitch
cuses not being a legislative power, that such
poAer can only be claimed by virtue OF cypress
grant we thence deuce the utter inapplicaCihy OF
the third meaning of the term " State to the Eiec-
ton to be made by the " States" IN this case.
Let US now enquire, whether the fourth meaning
OF the term States" as furnished by Mr.. Madi-
sons ANALYSIS be applicable to an Election, or APP
pointnenl! The fourth meaning Is, " The People
composing these political societies, in their high
ct sovereign capacity"
In The United States, 4" The People who COM
pose the political society in each State, dc GAed
III the Constitution oil the United States, TO be those
WHO " shall nave the qualifications requisite for
eiector, ni the most numerous branch of the State
legislature" Il was To the People as thus defined,
GO. that the Constitution submitted, by them
II ratified, and it j. the People as thuS de-
lined who are the parties TO their compact When
thus adopted the Constitution bound the State
creignties, and consequently the Safe legislatures
This then, is the Constitution established (2l.)
or rather attempted to be established by &" We the
People " for the United States"
" II is plain principle, and well settled, (22.)
founded in common sense, illustrated by general
usage, and essential to the nature of compacs,
that a delegation OF specified powers leaves un-
touched in The delesaling party, the powers MOI
Delegated" when. therefore, the People OF the
United States 60 clothed with every perfect right
1 tl,.st -. g..
shall appoint electors, the pow OF the People who
the drlesating p,rty TO make this election Them
selVe-, IN their own persons, does, most unqres-
Ionably, remain with them, unless 1t can be clear
iy sheNn, ttdt they haze parted toita 1t; and
moreover, that they did unequivocally, plainly
i.nd honestly INTEND to part with IT, When too,
ihe People declare that their legislatures mag
merely, direct the manner, Ivy maSIng such reSu-
lalions by law prope- for this purpose;
this contingent power 10 direct the manner, accord
ius TO all correct rules of in expectation should, (un
less authorized by express words eisewhere) eX-
81 de them from all other par icipai.on whatever,
IN regard to this elecliou. (23)
The right OF the People 10 designate those who
SHALL make The appointments or elections OF all I'M
portrait ii'els, tohere the offices are created in
their Constitutions i of that perfect sovereign
mature, and constantly exercised by the People, in
the formation oil their Constitutions; and only
DE separabe from them by forced and arbilra-
ny lmlcatioa,'' with which the soYere eighty OF
the People cannot co-exi~t'
THIS right of the People to elect the persons 10
choose their chief executive magistrate, remains
with them. unless it has been expressly delegated
b, them; and unless it can be Clearly shewn by the
terms, by which, it is pretended they have de.ega-
ted 1t, thai they and the iliuSlrious who framed
the Constitution, DID honestly INTEND TO PART
with ihis power. For where nothing appears TO
The contrary, the presumption j., That they meant
u reserve to themselves his great, and important
power OF choosing the electors Who should appoint
their most powerful, aud important officer.
This Consti u,oa is the Instrument Containing an
enn'neration of the powers expressly granted, by
the People OF the United States ." for' the Uniied
States As men whose intentions require no
cya;eGInent generally employ tue words which
most directly, and apply express the ideas they in
tend 10 convey, the enlightened patriots tho fla ed
OR Constitution, and the psOpie iUho adopted IL,
must be understood TO ha p. emp oyed word- in THEN
n itural sense, and TO have intended What they said
The oecr OF the People in declaring that the egis-
iatures may direct The manner Of G4iDnsing elect
ors, u obviously for the legislatures do for them
iiat which II would be inconv snlen for the People
TO do themselves; and This power being peculiarly
OF legislative character, aud conveyed in such
guarded language, was the les liable to mscom-
strucIion; more particularly too, when throughout
the whole Constitution, the power conferred
legislative body, either on The Congress, on the
Stale lie ;slainres TO direct prescribe the man
ner of holding elections, did VA other case,
vey TO tue legislative bohy tie power, either TO
make the election itself. or Tx the qualifications
of those who should The pow er conveyed, in
the other elections, by the power to direct the
manner, being piainly power to make " such
regulations by iGto -
The power to designate tie persons who shall
make l.!s greatest of all elections in the United
states, aud the power fix their qualifications
acknowledges other limi :, than hose prescribed
in the Constitution of the I'm ed States, and like
sovereign pov er Of every other description, re-
mains wiki the people anl plainly appears, that
tity have par ed 18th it.
The power 10 choose the electors is a power
ohYoislg beneficial to tie granors if retained by
themselves, ard which does inure, most materially
to the beretit of the People, the graniors. This
power in their hands, is euiuenuy and clearly ton
the general advantage, left ia their own hand, for
that purpose; aud which from experience can nercj
be exercised with safety, 10y any but the people
themseYe" power too, which need not lie pls-
cej in the hands of agents, &" TO pTeUeHt its iying
dOrglant;' ard which not being placed in the
hands oil the legislatures, any department of heir
government remains, 6a fuH operation, andsate-
IN in their O,0R haHds, according to every rule
of honest construction.
the fourth meaning of the term State'' a.
furnished by Mr.. hadison's analysis, j. thus mos:
peculiarly applicable o The Subject Of election
and ;ne right Of the People Of the United $iatas as
dchJed Ia the LIST art, lst sec. lat g. OF the Con-
si uOn) make this election of thfir chief tnaris-
tate seems TO be unque-tonaDc. ThussJl diiicul-
{ respecting tie diversity of the sisnfcation o
the term q State" used in the Constitution Of
the United States, iWmeliately vanishe., by ascer-
tanning the " subject" 10 which it i applied, IN
any particular clause IN thai Instrument. Aud rbu.
by a occurrence TO iherIie furnished by the MAG