Southern telegraph., 1838-03-27

4 are separate and distinct; IN O."e1 "c'..,
lthaf tho second and fourth sections OF tne
first article conuey separate and 'ndePenu-
cnt, nnd not concurrent powers.
Let us apply these rules to the present
case. And. in the first place, let us see
whether the Legislature Of the State OF
Mississippi has, by any law, hxed me
Time. nlace and manner Of election lor Kep,,
rcsentatives. =,
The general law of that State, enacted
Mard 2d. 1893, prescribes the placcs ana
manner uf all elections, and expressly d''
rects that the election Of Representatives To
Congress shall take place on the trst Mon
day and day following IN November oil eve
ry other year. 1t will be perceived by t''is
provisi N that the time for the general eiec-
ton is fixed several months subsequent 10
the expiration OF the previous term. Is this
a constitutional law? In other words, have
the State Legislatures the constitutional
powcr to fix for the general election OF Ike
Dresentativcs to Congress time Subsequent
to the expiration of the Congress preceding
that for which The election Is to be holden!
! Viii my one dare say they have not the
| constitutional power? Ii they have 1t NOT,
what will become Of the delegations from
half the States who at this very moment
hold their seats bv virtue of elections hold
en- since The 4th Of March last, at the times
prescribed by the Legislatures OF their res
pectiye States? Ifihey have it not, what
Congress, since the formation of the Gov
ernment, has Ieen constilutionally compos-
ed?
Sir, if this House denies the power OF the
Legislature of Mississippi In fixing the eiec-
ton Of her Representatives to the 10th
Congress, at period snbsequentto to the ex-
pira;ion of The 24h Congress, then are one
half it's members bound to accompany me
out Of this hall. The policy of late elec.
,ions is a good one, for 1t increases the ac-
co,,n.aLlity of the Representative to his
constituents, and renders him more amena-
bic 20 their Judgment. Before he can be
reelected, his whole course is Subject to be
canvassed, and at the bar of public opinion
lac is compelled to answer for the deeds
done in his body Indeed. so favorablv has
this policy been viewed, that IN 1923, a
memacr from North Carolina INTRODUCED
into this hnnse the following resolution
"Rcsolred, That committee be appointed
to inquire into the propriey Of altering the
election laws of the several States, so as TO
provide that no election shall take place for
members Of the House of Representatives
until the term of service shall have expired
| for which they have been elected" This
resolution was referred to IL select commit
tee; and though the committee afterwards
reported tkat it was ineXpedient to make
any change mt that time in the election laws
Of fha yot
(at a time when SO many States pursued
this mode shows that such election laws
were recognized as constitutional and pro-
per. The case of lierrick, which you will
find among your contested elections, and
than which NJ case of the sort was ever
more ably or fully discussed, recognises and
sustains the same principle; nor can case
or an authority be found to repudiate or de-
ny it.
The only limitation to this power Of the
Legislature is contained in the lst section
| of the lst article of tho Constitution which
provides that Representatives, shall be ch,-
| sen every second year. If the law of Mis-
| sissippi does not violate that clause, then It
is constitutional, and no power on earth, ex-
cept the power which made it, or law of
Congress, can abrngate it. Should the Le-
| gis!ature Of any State refuse to appoint a
time for election, or appoint it at an i'm ro-
per period, then it would doubtless be the
duty of Congress, and hy its para mount au-
thority to regulate the mltter. Elch State
is interested in being duly represented in
Congress, and that interest was considered
sufficient to warrant ready action, on the
part OF their Legislatures, in prescribing Il
proper time, place and manner of election
But inasmuch as it also interests the whole
nation, that every State sh ,uld be repre-
sented, the power was given to Con ,ress OF
altering the State regulations, or making
new ones, should necessity require it, To
have placed an additional control over the
State regulations in some third dep,rtment
would have been absurd and unnecessary ;
for Con 5ress is surely safe depository of
the national rights and interests in the mat
ter. At any rate it IS hardly to be supposed
that the Constitution would have adopted
the State Executives as such third depart
ment, to protect and preserve the Federal
Government, upon the failure of the State
Legislatures and Of Congress to do their
duty.
i | take it, then, to he perfectly clear that
the State Legislatures can constitutionallv
flx the time for the general election of Rep
resenta;ives to Congress at a period subsc-
qnent to the expiration of the previous
term; and that such regulation is of bind
ing force until changed or abrogated by a
law Of Congress. If lam correct in this
conclusion, then the law of Missi ssippi fix
ing the first Monday and day following Of
Il -