Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-03-24

ment OF the President, is in the following words:
Each State shall appoint, in such manner as the
legislature thereof may direct, number of cleo
tors, equal 10 the whole number of Senators and
Representatives TO which such State may be enti-
tied in Congress-
10 enable us 10 understand this section, we
ni,~' ascertain the meaning of the word State.
he gentleman from South Car olina, argued that
In THIS section, il means People, from its gram
ina'icai import, and both he and the gentleman
from New York, conterded that it exclusively
means People, wbereve- it is used in the Constitu-
.'oh' In tins opinion, said Mr.. s. they certain
~ mistaken, and shall be enabled, | think, TO
snow, that, so far from its being used but in one
| 'oay, and as conveying one meaning, that it is
useu IN macy parts of the Constitution evidently
IN different and various senses accorling TO The
| subject TO which it is applied.
Now, the word State sometimes means nor
lions OF territory occupied by Political Societies
WITHIN II; sometimes, the particular Governments
established by those Societies.; sometimes those
societies, as organized into those Governments;
ana lastly, the People composing these Societies,
| IN 'heir highest sovereign capacity.
Let me illustrate this, by various parts of the
Constitution
axe the second section ofthe 18th article ".qny
person charged with felony, SC. ,oho SHAH Zee
from one STATE into another
= no tax or duty shall be laid on articles ex-
ported from any State"
~ P1~lVie iCS SNAIL Oe given 10 The IOrtS OF
one State, over those ofano; her.''
" No vessel, bound from one STATE to another.
shall be charged" &c.
Here the word State is evidently used, in
People
.a,sother clause" No State shall enter into
any treaty grant letters of uaruue and reprisal
com money-emit bills of credit-pass any bill
% "'ainaeF-eX post iacto law grant any title
OF nobility
Here it means Government.
: PERSONS charged with treason against a State .
&C. Now treason is violation OF the duties of
allegiance to an established Government, holding
and exercising sovereign power, and there can be
no treason, out against such authority
Here, again, the word STATE was intended TO
inesn Government, aud not People.
There were numerous other provisions, scattered
through the CONSTITUTIONS MIR. S. said, in which
State was used, "as applicable either TO Territory,
Government, or People,
Now, SIR, demand TO know, how gentlemen
assume the fact, that, in tie authority 10 each state
10 Gppolat electors the word State rsraiy
means People. fthe trainers of the Constitution
intended, as gentlemen suppose limit this power
OF appointment to the people, would they not
have used the words which must naturally have
ed themselves as peculiarly appropriate for
such an obJect-would they not have beea The
people of each state shall appoi,,t,'' Sc
Have not right TO say that these words
would have been used, if such had been their in
teniion, from the phraseology OF the preceding sec
ton OF the Constitution in relation to the oroan-
cation of the House of Representatives.? This
House, we all know, Mr. Chairman, was intended
as the popular branch of this Government. and 10
spring alone from the People; conseouentlv. we.
lind 1t secured by the words i have Just supposed
lhey are" The House of Reprcsentatice shall
De composed OF members chosen bV the PeOpye
Of the Sererai states. Here The right of the PEG
pie to elect, is expressly guarded, and not left 10
be inferred from the words 50 chosen 5v the seue,al
States"
Now, does it not seem strange, that. If the EIec
tors OF President intended alike 10 sprpgsim
mediatey from the People, and them alone; thai in
the succeeding clause, the words 90 tie People''
shonld have been dropped, and the words each
State" only retained?
In such an instrument, Mr. Chairman, as this
Constitution, so remarkable for its brevity. it's
compFehensiveness, and its perspicuy, and so fe-
citous In its language and composition, can we
believe that if its wise trainers intended 10 limit
the exercise OF this power alone 10 the People
4 they wouldDot have expressed it, in direct and
guarded terms? If, on the contrary, il was in
tend@d by them as Federal, rather than popular
right, and to be left TO the States in their poi,ca
characters, 10 be exercised according to their jn,e
rests and pleasure, is the language of the Coo
stitution just what it ought TO have been and both
clear and explicit!
AS further illustration, beg the attention Of
the Committee 10 the peculiar plraseolosv of
part OF the Sih section of the lst article of the Con-
ssitution. Congress shall have power to provide
Tor organizing, arming, and dscplning the militia
and Tor governing such part Of them as nav be
employed In the service of the United States; re-
serving TO- The States, respectively, the appoint
ment Of the o6fcerS'
Now, sir, there be doubt, that the word
state wa. here used as synonymous with Govern
ment; and has not every Slate Government in the
Union so construed it and appointed their militia
officers; aid If is TO be understood in this part o
the Constitution, in relation to the orp0irting
power, why may 1t not be so, in another part as 10
the same power-if as 10 one officer WHY not a.
to another? Where, in point Of fair and lust
construction, is The differ ence' ask il TO be
shown. Sir, it does not exist. These is nothing
to justify the assumption ON the other side. and il
is wholly gratuitous. That it was not intended .
as gentlemen suppose, TO be confped 10 the PEG.
pie, Mr. Stevenson said he would proceed to show
from authority which ought TO be conclusive il was
the authority of The Convention itself and il was
really curious, as well as interesting to mark the
history Of that clause in the Constitution, concern
ing the election Of the President. with no mart
OF the whole plan was there so much difficulty and
trouble, as with that.
The first proposition which was offered in the
Convention was by Mr. Edmund Randolph. oil
Virginia 1t was " That u National Erecutipc
be appointed by the National Legislature"
This was on the first Of June, 81.
! Mr.. Wilson then proposed osmeud, by striking
out . National Legislature" and inserting Dis
triciing the Union" This proposition the Con-
yention refused to consider, and never did consi-
der.
On the 9th June Mr.. Gerry moved TO amend. nv
ft,s So 4