Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-05-17

mem6ers. CGHVcn[IOn, n.
roe asked ,f Mr. Madison, WHO had been member OF
The National Cohv, nti"u, Conformation respecting the
clause concerning eltctons. He wished to know why
Congress had all ultimate control the time, place,
and manner Of elections oil Representatives" Mark
mere SIR that Mr. Monroe jealous he was Of L, de-
raj roachmcui, did mol understand he clause
rrnr craiaai or concurrent, but only 'ultimalc
troll and even at this lie alarmed. hlr. Madison
worcd:
M ERECTION If Representatives the II
found necessary III. regulation IF these thr first place,
lion of Inc cup!e subject The control of c General Govern
nrni in order produce uniformity aud prevent lis own dSo-
luton"
Is il not plain that the principal in favor Of
this clause was that this Government might prevent
lis own dissolution, by ali ultimate exercise OF this
power in case the States neglected or refused 10 elect
for submit that after fifty years experience, no diff
Gully or Inconvenience has arisen from the different
medrs of election IN the different States Butfurthcr;
and here ask the attention of the honorable member
from Virginia, Mr. Summers, who has just taken his
seal, and who has argued strenunusly for the
else OF this power by Congress. The Virginia Con-
yen,ion 10 place the matter beyond doubt, proposed
| an neoJtncn, to the Constitution in these words
.sThat Congress shall not ate modify, interfere in the
times places, manner OF holding elections Tor majors ana
shall neglect fcl or Dc disabled, ny invasion vi
| rebellion prescribe the sumo
ried out, the convention added the following clear and
positive instructions TO her Representatives, which ]
hope vii. be observed by every member from that
State:
pic If this rah enjnn upon their Representatives.
IN Congress all their influence, aud use all reasonable
aud legal methods, 10 oman ia''h'a'ion u ~ 'es ~
After tins expression and this Injunction by the po
cal patrarchs of Virginia, will her Representatives
rNr Summers still 20 for what they considered q
dangerous power in the Federal Government We
shall see
The next State in the order in which find the pro-
ceedings of their conventions recorded, IS the stale
Of New York and rs Mt all other tunes, so now turn
to her with flia affection and flia pride, to find her
upon this subject pre- eminent among her sister states
for the souudness Of her principles and the dignity
and irmness with which they are declared VI that
nyeniou George Clinton was The presiding oilicer-
and that body consisted OF men whose names acorn
The brrhtest pages of the history of New York-they
were men of the Revolu,ion-who had trodden It's
feds-shared its perils- minge in lis counc'ls-and
he is a bastard, and no true son OF New YORK, VINO
does listen 10 their voice with profound respect
And wat did they think OF the clause nj inc Constr
tuition now under consde ration In the debate upon
il, Samuel JONES' Of Queens county, objected TO 1t,
not because it gave Congress the right now sought To
be exercised but because in his anxiety to preserve
the ri .hts Of the State
IIe apyyesendd might he construed as To
deprive the Stale c essential right which, in The ire deg"
If the 10 be rcsfrrtd IL htW The Hon. Vr
JIM afterwards thief Justice of the United states snd at as
far rs hr nd sood the views of The gentleman, he seemed to
have with respect 10 this arsraph and feared might be
imperfect unless il had the POWER of preserving ise Snp"sr
ta accident, The states should neglect 10 appoint
p.n s.tati,es; there should be constitutional
remedy this evil The o5reus me'a"g Of The paragraph VAS
that se should tax. place. Congress sonid have power
hy law To support the Government and prevent The dissolution
Union He 1siered s ras The egn@e Federal conrea
Note here, Mr. Chairman, how this agrees with the
op.nion Of Nj Madison, before qnoted-that this was
power TO be exercised by this Government only TO
preserve its existence, IN case OF the neglect OF
The States; ind that, until that neglect occurs, the
tL 4 bo S'otac
have cited from the debates Of the New York Conven-
ton; now ask attention 10 It's deliberate, authorlta
i've official determination. In the very act OF ratfy
ln the Constitution and part Of that ACT the Con-
yrn,ion declared its understanding and construction Of
the clause flhe Constitution now under discussion, in
The following explicit terms:
ha nothing contained the said Constitution is to be
prevent the Legislature Of any STATE from passing laws
convenient DISTRICTS aud TO apoon lis Representatives 10 ana
And now, SIR, ask if this power is 10 be exercised
bg the Legislature Of any State al its discretion, how
can Congress have any concurrent jurisdiction: how
can the Federal Government act until the State neg
ects or refuses TO do so: Pass the law your table,
and do you not "prevent the Legislature of any Stale
from passing laws its discretion, TO the districts,
which the convention say you have right TO do! il
was with this constructions that The convention rahed
the Constitution Had the convention understood The
clause 10 contain the power now claimed i"ri tbs tar
TO presume, from the importance attached 10 IT, aud
from the hostility with which regarded that the
Constitution would not have been ratified by that State.
But insist further, that this construction OF the Con-
sttution was admitted 10 be correct by all, or majority
of the States which first formed the Union. They ad-
m,ied New York into the Uno on with them, because
she had ratified the Constitution But the construc-
ton she had placed upon this clause part of the
ra,cation and, il that construction was different from
the true meaning of the clause ii was no ratification,
and she could not have been received INTO the Unon
State could not modify The Constitution, ratfy 1t
,it no cepto "A DartIcular section. III
other State had gwen directly opposite construction 10
this clause and made such construction part OF the
ra,lticalion be pretended that both States would
have been admitted Clearly not. The State whose
construction correct, would have been admitted;
the other rejected When the other States therefore,
received New York into the Union, it was an assent on
their part that the explanation she had gwen, and un-
der Inch she had ratified, true; and her rathca-
Of course full, and went TO the whole OF the
Constitution.
The convention of New York, after the explanation
have quoted above procce DIS in these words (omittng
some relating TO other matters but none which Affect
the sense of those ci,e)
under these Impressions and declaring that the rights aore.
said cannot abridged violated and that The explanations
aforesaid are nh the SAID CONSTITUTIONS we The said
delegates the aud in The behalf OF TIE people OF me state
Of New York. do these presents, assent TO and ratly The
said Constitutions In full confidence, nevertheless, HAT until
shall he called aud convened Tor proposing amend
mrnts 10 Constitution, the Congress will not make or
regulation n this State respecting the times places
and manner holding for Senators Representa-
lives unless the Legislature OF shall
make regulations tue
incapable o making The and that IN those
eases such will only lie exercised until the Legislature OF
this State shall make provision in The premises" .
Sir, language could not more fully have sci forth the
vction OF that convention that Congress did not
possess, and should not exercise, any control over
this subject except i, became necessary I" preserve It's
existence, by the meg ec Of the State to elect
Bni, Sir that convention did not stop here No, con-
tent with soemny declaring that the Constitution con-
ered no such power upon Congress; and looking tor
ward it would seem, with the eye of prophecy, TO
this very period history, when the rights Of The
States and the laws and the Constitution would be vio-
lated if found in The way Of party purposes, they
souch, TO strike from the Constitution, by All amend
ment those words under which they feared too truly,
that demagogues would seek exercise this dangerous
power After ralfyng The Constitution, the convention
proce eded
Sand convention do in The and behalf Of the
The state of New York join upon their Representa-
Cogess all their influence aud all
abe obtain ratification Of the following amendments
said Constitution, in the prescribed therein"
And among the amendments proposed is the follow