Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-20

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not eopnv OBLIGATORY upon the people of the several
States 10 keep the House of Representatives, IN per-
petua organization? 1t was clearly necessary cohse-
ouence for it would be observed, that so lar as the
LANGUAGE employed in each clause had reference
10 the time of electing the Representatives, it was
precisely the same. But would any gentleman, SAID
Mr.. Tod, contend, upon the floor oil the senate,
and before the people of the country IN the lace OF Tue
practice of many of the States IN the Unon tat Tue
first clause of the second section OF the first article IN
the Constitution makes obligatory upon the people OF
the several States, composing the Union, to elect
representatives at time prior to the expiration
Congress, Surely no gentleman would contc"u 10
any proposition monstrous, so anSulu ine -. -,
rabe practice of many Of the States reiutes the
utterly annihilates the position, unless haeeo, gene
men mean to contend, that the state Oh Virginia.
where the election of representatives, docs not luxe
Mace until the month of April after the expiration OF
H. nraced;ng Congrcss-the State of North Caro-
lin, where il does not take place until Augustine
State of Mississippi where It does not take place until
M late AZ Nsvember and other States have been yo-
latina the Federal compact from the foundation OF the
Government, up to the present time Surely no gem
teman will advocate such proposition Then, IN TINS
view of the subject the constitutional difficulties raised
by gentlemen must be wholly a!lacious and this view
of the subject said Mr. T., ht be pushed still further
but as ample stce had been done IT, by the gentleman
from Cupeper, he should fobear to make any further
comments upon it. Fortunately, however, for the bes,
interests of the good people Of Virginia, the Constitution
has not left US in fog upon this subject. 1t any gen.
teman will take the trouble to turn to the ifst clause
of the 4th section of the same article upon which we
have been commenting, ne Will see that the times
places and manner Of holding elections for Senators
in Congress- have been left wholly TO the discretion Of
the Legislature Of each State-Congress, rescrving
the right to alter change such regulations as may be
made by the States in reference TO this matter, ex-
cept as to the place of holding the election The
language of the Constitution, said Mr.. Tod, is in
the following words: "T'he times, places and man
uer of holding elections for Senators and Represen-
tatives shall be prescribed in each State by the Le-
pislaturc thereof but the Congress may, at any time,
by law make alter such regulations, except as to the
places of choosing Senator's 1t would be observed,
in reading this clause of the Constitution, that in re-
ference the times places and manner the election OF
both Senators and Representatives had been placed upon
the same oong and in both cases lett to the discretion
o. the Legislative authority, subject to the control OF
the national legislature, as to the time and manner
Now, said Mr. Tod, he would respectfully appeal to
gentlemen to inform him. If the Legislature of Virginia
had passed any enactment upon this subject, making
it our duty to 90 into this election at this tme- not
had the Congress Of the United States adopted any
regulation in relation to the matter: If so, he must
confess his ignorance of il, and would acknowledge
himself under many obligations TO any gentleman who
would inform him upon the subject But, said Mr. l.,
is not the fact that the time and manner well the
place for eectng Senator is left altogether with the
Legislature conclusive evidence that the instrument
itself does not prescribe the time or the manner:
Surely il must be conceded In the absence then OF
any legislative enactment the part OF Virginia, where
Mr. T. would demand, is the constitutional obligation
resting upon him to consent to go into the election:
He must confess that he unable to perceive it,
But gentlemen had argued that vacancy would occur
if we failed in making election at this session, and
that the State had right TO permit vacancy to occur
in the Senate Of the United States, inasmuch as II
tended TO a dissolution of the Government. This
branch of the subject, said Mr. t. would b. clear
w comprehended by considering it distinctly in lis
seyeral parts He would first endeavo to meet the OBJ
icctions which had been raised as to the right OF the
State to permit vacancy, after which he would
consider the other division OF the subject which IN
yoved the consequences horrible in the Imagination OF
some gentlemen y which might ensue from the derec-
ton on the part Of the State In relation to the propo
stion embraced in the first division OF the subject, 1t
was perfectly clear that the State had the right 10
waive the privilege Of participating by her equal repre-
sentation, in the organization of the Senate 1t was
only necessary, for the purposes which Mr. L. had IN
view shew that the right existed to permit the va
cancy for limited period and for substantial reasons
but it easy to shew, that any State IN the Union had
the right relnquish permanently her principle OF
equal representation in the Senate. For this pur-
pose he would beg 10 en-, the attention of gentlemen
TO clause of the Constitution which they seemed
wholly to have overlooked in this discussion, to wit
the last clause in the 9Th article, when, in providing
for the amendment of the Constitution, pointing out the
means, &c, several provsoes made, one of which
is in the following words, TO wit And that no State,
aeiout consent, shall be deprived of its equal suf
frage in the Senate Now, why were the words
"wthout its consent, inserted in this provlso unless It
was perfectly clear that the States enjoyed discretion
ary mower in relation 10 the matter MIR. T. said, II
was question of right about which the State could
clearly exercise saund discretion. For whose benefit
was the right reservedi To whose interest does the
exercise Of it enure To whose detriment does the
failure TO assert it tend The particular State evidently
Then IS it not clear from these selfevdent and unde
aiable premises, that the State has perfect right to
waive for limited period the privilege guaranteed in
the Constitution, Of equal representation in the Senate
Gentlemen might contend, that this guarantee of the
right of equal representation implied an obligation on
the part Of all the States 10 keep their
the Senate Of the United States always u-that each
State in the Union owed it to the other States TO have
her Senators at all times in their places But this was
an inference which could not be fairly drawn from the
premises II was perfectly evident that member oil
the Union could be formally deprived Of her right but
the words ''wthout its consent, showed most concu-
svey that any member might deprive itself Of this right
As States right man he would never be in favor Of
wing the privilege, unless where the exercise Of would
manfcstly tend the subversion Of the veryprncpes
upon which the Government itself was founded
lie would not contend, that the power should be resort
ed to for slight frivolous causes, much less could
il be justified the result of faction; but, are the
causes and reasons said Mr.. T., which urged for
the postponcmen, least for the present, of this
luton of cap,ous or trfag character: lie thought
notIe Of opinion, that the circumstances of the
fully justified the exercise of the right the part
of the General Assembly. And this, said Mr., wher
he had bestowed passing consideration upon that d
vision of the subject involving the consequences of this
action would lead him TO notice portion of the argu
ment advanced by the eloquent Senator from the coun
~ Of Montgomery. 1t conended, that the exercise
of this power the part Of the State would tend TO
dissolution Of the Governments and, in support of this
view of the subject, authorities have been adduced
by the member from Caroline, from the decisions O
the Supreme Court, and arguments Of counsel II
the celebrated of Coheus the State o.
Virginia. A very little reflection, however, he was
sure, would satisfy that intelligent gentleman, whom
he was happy TO regard State Rights politician
that there truth force, either in the objection Of
the authority. What does the authority prove: Only
that when sufficient number OF the sovereign parties
TO the compact have from any causc-ether the op
preston of the Government itself, the corruption Of
the people, the OF all power-bccome SO dlssats
fled with the compact as to desire It's destruction, II
may in this mode, be dissolved. lie would appeal &c
the gentleman know if when such wide spread dis
content pervaded the land TO produce this result
he could desire forcble perpetuation of tho
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