Mobile daily commercial register and patriot., 1841-11-05

the people of the several States, to choose members oiihe House of Representatives and the only lmita4 ton or restriction upon this power is, that the elec- tors shall possess the qualifications requisite for elec- tOrs of the numerous branch of the State Legis lature. In order to understand correctly the nature and extent of this power, n will be necessary la for uoment to the history of the country, prior 10 the adoption ot the Constitution, aud 10 inquire inta the reasons which led to the adoption Oi that instrument, and the great rights intended to be secured by 1t. The grand moving cause which led to the revolution that separated this country from Great Britain, was the denIal of the right of representa.ioh-a right which IS asserted, in the most memorable declaration to be found in the recorded history of nations, to be inestimable to freemen, and formidable 10 tyrants only. Who made this declarationl Who maie this remarkable decla- ration? The people of the several States. Who the in those desperate scenes ot danger and glory that succeeded this declaration, and marked the progress of the revolution to that glorious con summation which presents the proudest achievement o human exertion2 The people uf the several States Who, when the battles of the revolution over, assembled through their fin solemn con yention for the purpose of casting the mould of new governments and of testing the great and then untried experiment of mans capacity for self government! The people of the several States. And who, il may he asked, when the strfes and conflicts of the reyo uton were over, were entitled to have that great right, for which they had toied and suffered through all the horrors of years war, secured to them in the ampest form9 The answer is still the same the people of the several States. That people who had borne the flag of an oppressed and bleeding coun trp trumphantly through the bloody scenes of thrice glorious revolution, and presented it untarnished to be planted on the ramparts of written constitution Hence see, that in alioing rewards to those whs best deserved them, and in placing power where it could best be yielded, the amers of the constitution declared, in the very first article of that instrument, that the members of the House of Representatives, that great citadel of freedom and of popular rights, ahn he sfcOn Q fhe Qf he seperai Sotes." What is meant by the people of statel When historians or statesmen speak of the people of An empire, nalpn or state, the common sense, and the universal usage and understanding of mankind, is, that they speak of the people of such empire, nation or state, in their aggregate, un- divided character people. When the framers of the constitution spoke of the people of the sev- era States, they meant those separate, indepen- dent political communities, which existed anterior to the adoption of the constitution, to whom in- debted for all that beautiful in the theory valu able in the practice of the government under which live. If then, the reservation of power in the con suon, to choose representatives, be to the people of the several states, and if by the people of the raj states, meant e whole peqpe the right !e choose the whole npmber of representatives lo which ihe State s entitled, according to population and the ra tio fixed by law, is gives to the whole peopis. The which seems to have prevailed this subject consists in supposng that the c0nstitut ion of the U States confded to the State Legslatures discretion
 
 ConkTess and that in the election of members of the House of Representatives, it competent for the legislature to prescribe the qualifications of the cleo tors and linit their right to ohoose But this idea has not the sembanpf of togndaion m the consti- tuition. The right to choose, the qualifications of the elected and electors, and the time of twice of the members, ars all fixed by the consultations and nei- lher the legislature nor Congress have the pnwer to alter them, The only provision of the constitution, that vas tue State Legislatures any power over this
 d.. I II. ....l manner of holding elections for Senators and Repre- senat,es shall be prescribed in each State, by the legislature thereof; but the Congress may at any time alter such regulations, except to the place of choosing Senator's" Il Sec. 5 Art, Con, U. u
 What powar does this section confer on the State Legislatures? The power to prescribe the times, places and manner of holding the elections, and noh ing more. The reservation af pawer to the people is to phuose representatives. The reservation of boyer to the State Legislature is te prescribe the times, places and manner of holding tie eleotions- and t certainly cannot require an argument to point out the d fal enpe between them,
 Neither is there conceived tO he any soundness in the doctrine which prevails to great extent, that both tht tive modes of elecing members to Congress constitutional. Either may be constitutional, hut both carnot be; because their effect upon the elective franchise IS entirely different. Under the general ticket system, qualified voter in the State 0f New York would De entitled to vote for forty glem- hers If Congress, because he of an aggregate community whose numbers entitle them to that num- Der of representatives. Whereas, a qualified voter in Pelnsylyanis, under the district system would on- E be entitled to vote for ane, although he possessed precisely the same qualifications that the voter New York did, and derived his right to from the very same clause in the constitution. It never could have been the intention of the iramers of the consti tuition to authorize the practice of a system, which would operate with such gross inequality, They doubtless intended lhat the rule 10 be established should be uniform, and that a freeman, possessing the same qualifications in one State of the Union, should enjoy the same privileges that another freeman, residing in different, should enjoy, If the object to restrict the right of suffrage in the election of representatives to the uarrowest possible limits. then the district system Is ths proper one, Under 1t no man has right t0 vote for more than one represen- tatve If, the other hand, the object was to en- large the horizon of freedom and of popular privie- ges it's fullest extent, then the general ticket sys- tem s the proper one Under it each qualified vo- ter in the State entitled to vote for the whole ber of representatives to wheh the State s entitled which the fullest measure of liberty he enjoy. It is for the legislature to determine whether they will confne the people of the State within the
 ossibe limits, by confinng them to districts and restricting tbeir rsh. ,o.a single member; or whether they will secure to them the highest degree of liberty they are capable of exercising under the constitution, and alloy them to vote for the whole number,
 There is another point of view in which this sub
 
 say vital, importance to the rights and to the exs tence of tho States. Whatever may be the power of the State Legislatures over the election of members of the house of representatives,, that power is liable, at moment, to be exercised by Congress. Congress may according to the constitution, at any time alter whatever regulations the State Legislatures may make upon this subject. Suppose then, the district system 10 be correct, and that Congress should exercise the power which they may, at at any time. What, l ask, would become of the security, of the rights of the people, and the sovereignty of the States, when the general government has lhe power to hy of dis tricts in such manner as to ensure compliance with the views of that government, in all instances whatever. The only country under the sun in which this system of eecting representatives by geograph cal limits has prevailed to the full extent twas reyolu tionary France. There the whole nation diyi- ded into districts (deparnents) and it was equally easy to elect priest or an assassin from either, whichever was mos. likely to answer the purposes of furious and gnhridled despotism But, let the gem era ticket system be established, and all that Con gross do k simply declare the time, place and manner of holding the elections. It will not be pected that in a communication like this, l should aoice all the arguments that have been employed in opposition to this measureI and much less that l should attempt to answer them. shall notice only those that have been urged with most zeal,
 Among tha objections to this measure entitled to the most weight Is the one, that it will give undue weight and influence In the house of representatives, to the large and popuous States. If this measure involved no higher principle than mere scramble for power, this view of 1t might he encouraged and possible sustained. But popular liberty is not a commodity to be laeasared out with stinted hand, or iainsd by geographical limitst lnheres and be- longs to men, According to the true theory of our governments and of all popular governments, the same number of ffeemen possessing the necessary quah= cations to vote p section of the Union, possess and ought to exercise, the power that the number of freemen possessing like qualifications