The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-25

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their faacy Members Of Congress are agents Of the
States, responsible TO them alone and ought be
| missioned by them in their most imposing sovereign
form and such has been the practice Of the States,
with but few exceptions from the origin OF the Govern
men to the present day The commission is the title
Of member OF Congress TO his ageney--hs evidence
Of the high authority by which he claims his sea,
60 sir, one step further With the Constitution in
my hand, maintain that the Governors Of the States
| the proper designated organs through whom this
House communicates the several States concerning
its members aud they ought therefore, TO be the only
organs through whom the States communicate TO this
House When vacancy occurs. from death or any
other in seat this floor, by whose instrument
tsly is il filled The is made IN the FIRST srii
Gle OF The Constitution When vacancies happen in
the representation from any State The erecnti5e aahori
~ thereof shall issue wrts OF election 10 all such vscan-
ces" Now, why should the executive authority OF
State be called into requisiion TO fill vacancy IN this
House Because member Of Congress is an agent OF
the State representing the highest interests and The
same organ and authority which put him In his seat
should be invoked to supply the vacancy far other
wise when vacancy occurs any OF our State Legs
latures, in the Parliament OF Great Britain There
the Speaker issues the writ Of election Immediately 10
the people. Why Because there Is sovereign
power. like the States in,eposing between the House
and the people. In these instances, the House and the
people in immediate relation. member OF Psrlla-
represents the whole realm. representative in
State Legislatures represents directly the people OF
the writ Bot she Speaker Of the Congress Of the U.
States is elected his chair by the agents Of sovereign
States When vacancy, therefore, occurs, he cannot
order election he only acqualnt the States who
filed the and to whom they belong, that vacan
cy has occurred in this body and the Governor Of the
State, representing her high executive sovereignty,
issues the writ and is the organ employed by the Cob
stitution TO supply the vacancy
This argument gathers fedoubled force when We
turn The manner in which vacancies in the Senate
4 of he Stafe cd her he W
is represented but by two agents; and when vacan
cy occurs, the Governor is not only the organ for
communicating the fact Of the vacancy, and the
agent through whom The People send up the repre-
sentatves, but he has, in certain emergencies, the
power, representing the whole sovereignty of the
State, of filling the vacancy himself. Whenever
the Stale Legislature is mol 10 session when the va
cancy occurs (Which is the in by far the great
eT number Of nstances,) the Governor appoints and
places The Senator in his seat. Now, under all these
instances OF express constitutional regulation by
which The Governors of the States are not only re-
cognised but ordained 10 be the sole organ of COM
munication between The House and The States, by
whom seats are filled on this floor-under the long
and unbroken practice OF The States from the hrSt
origin OF this Government-wiih The powerful con-
stitutional reasons by which this practice has been
mainlained-t does appear to me amazing that any
man, much less a Stae-rights man, should gravely
assert that it is a violation of the Constitution tor
State 10 order, or Governor Of State 10 give,
a COMMISSION BY which a Member of Congress
should be entitled to his seat on this floor.
An argument has beer brought forward from the
fourth article OF the Constitution BY that aracle il
is ordained that The times, places, and manner OF
holding elections for Senators and Representatives
shall be prescribed in each Safe by the Legislature
thereof, but The Congress may al any time, by law,
make alter such regulations, except as to the
place of choosing Senators" The argument from
this section is this that "the timeS, places, and
manner Of holding elections" is a grant OF power to
the States and the States, therefore, have no right
TO go beyond this grant, in their leg isation and re-
quire their Governors TO give commissions TO mem
bers OF Congress.
Mr.. Chairman, am S.ateright man and,
however few in numbers and humble in power, upon
the doctrines these statesmen maintain believe the
existence Of The Union and the happiness OF the
Coniederacy mainly depend According TO these |
doctrines the Constitution is 10 be construed strictly
and all the powers granted by the Constitution
are reserved to the States. Now, will doubt,
upon these principles that il this clause had not been
inserted in the Constitution as the States were oeect
the Representatives Congress-, the times, places,
and manner Of holding the elections" would have
been amongst the powers reserved TO the Stales.-
How then, can this clause be said to grant power
which the States had before, and would now have, II
it did not exiS2 The truth is, II is no grant OF
power 10 the States but is grant of power 10 be
exercised if deemed necessary 10 the General Go
yernmenl. 1t contains mere injunction on the
States 10 do that which they had The power 10 do;
whilst the power is granted to Congress, IN case the
States should decline prescribing "the times places
and manner of holding elections" 10 make such
provisions for bringing the People to the polls as
may be necessary for its existence and perpeuity.-
II, then, this clause contains no grant OF power 10
the Sales, of course the argument deduced from IT,
that the States restricted TO the grant, falls to the
ground. The States have not only the power to
prescribe "the time, place, and manner OF holding
elections" for members of Congress, but they hold
by virtue Of their reserved rights, all other powers
and privileges with respect to these high agents, not
taken from them. Those who contend that the
States have no right to commission members OF
tha,r chi hat hIS
power has been taken away. Who has ventured 10
show this
Another argument, is dcduced from the frs: clause OF
the fifth article Of the Constitution. As leach House
shall be the Judge of the elections, returns and quah
catious of its MEMBERS, is con,ended that neither
the Governor Of State, nor any other officers OF The
State have any right Judge a, ALL under any circum-
stances, OF the votes or the qualifications OF voters,
after their received. Again sir, must refer
10 fundamental State rights principles. What is not
granted is retained to the States The clause does
say that Congress shall be the sole Judge. 1t only
gives the House the power OF Judging OF tho elections
returns and qualifications OF ITS own tnembers-a pow
absolutely necessary TO Ia independent existence
Il Is revisory power, by which II review the polls
the acts Of the election officers, and go behind and
aside the commission Of Governor himself But is
this revlsoiy power inconsistent with the existence OF
the power in conformity with State laws, by the
officers OF the States On the contrary, as member
Of Congress the agent Of the States, through their
officers must in the first instance, determine who this
agent is to be and does not this involve the right OF
Judging and rejecting vocsof Judging Of returns and
qualifications! Without such power it would be i'm
possible for the States ascertain their agent ,
whilst the exercise Of such power does not infringe
on the power of this House correct any or
frauds in the elections returns. Il has been con-
ccded the argument that the managers Of elections
might rejec, the vote Of disqualified by the State
laws before put into the ballotbox taken uira
uocc. WE'LL is not this act Of Judging But 1t is
contended that The managers canno, reject the vote II
is once received, however fraudulent Illegal Here
then is great constitutional power resting on matter
Of lime If the fraud is detected before the vote IS re-
ceiyed il is constilulonaly condemned il after, II is