Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1842-11-26

dard tina, should ever be recognized, in the
sale of the products of their farms then,
aud then only, will the currency receive its
purlficatIon, and the country he rid ct the
greatest OF all evils, IA fluctuatng and de-
precia,ed circulating medium.
la compliance with the provis Gus of the
| 26,h section OF "The act to regulate cleo
lIons," approved March 90, 1885, the Sec.
retar, at State in my presence, proceeded t"
cast up the votes gwen at the late August
election for representatives. to the twenty
eighth Congress; and finding that John
jameson, James B. Bowlin, james Nj
Relic and Gustavus NJ. Bower had the high.
est number OF votes, gave to those gentle
men, respectively. Il certificate for election.
us directed by said act. But as "the act to
provide for eectng additional members to
Congress from this State,' approved Feb
ruary l6, | 84l, contemplated only the cleo
ton in l842 it will be necessary to MAXI
provision Tor future elections. In doing
his, il may be material to enquire whetheI
the act of Congress of the late session, ap
portionIng the representation OF the several
States, is in restraint Of your constitutional
powers, or takes from you the right to reg
uate ''the manner OF holding" the elections
as our own Judgments may dictate.
For more than fifty years-indeed, from
the foundation of the Gnvernmenl-has
THIS power been exercised by the States. un-
restrained by Federal legislation, and its
exercise not only unquestnned, but en- niu-
ed by the Constitution. Whether they sh Ill
continue 10 exercise it, with the same free
dom is the question now to he solved, and,
upon its proper solution, may depend the
right of our members elect o seats in Con.
gress.
The Constitution Of the United States
provides, that
"The times, places and manner Of hold
ing elections for Senators and Representa-
tives, shall be prescribed in each State. By
the Legislature thereoI; but the Congress
may, at any time, by law, make or alter
such regulation, except as to the place OF
choosing Senators"
The imperative language OF this provision
demonstrates that the trainers OF the Con
slitution believed tina; it was safes, and best
tn cnnlide the execution u! this power, IN
he frs, instance, to the Legislatures OF The
States, was designed to be exercised in the
evenl only that the States failed to exc
Else the power granted them, or exercised
it in such manner as to defeat the object;
| md purposes of the Constitution. Tina
the States have never so exercised the pow
er, or failed to exercise it, is evinced by thu
fact that Congress has never attempted an,
control over the subject, from the time o
the formation Of the Federal Constllu ,,or
. to its late session, Notwithstanding the pre-
sent mode of electing representatives. ha
: prevailed, to some extent, during the Who'll
I of that period.
+ lie, it be conceded, however, that tn
a power Of Congress is coextensve with tina
e of the States. and that it may, at any time
). prescribe ''lhe times, places and manner {
holding elections Tor representatives" stl
: the question recurs, shave they done so?
e This question is answered. it seems TO me
II by the enquiry, Scan the people of Missouri
d elect their representatives. by single dis
riots, in the present torn OF lie act {
= CongressW l. they cannot, and many We
g ~ intelligent citizens testified their belle
e that they could nor, by abslainlng from vo
Il ling at on" late election, then Congress ha
i, not "prescr,hed the manner of holding tn
t election" and the only effect OF their legis
p laion is a command to the Legislatures c
1 the States, and in the most odious torr
tor it not only commands them to legislatt
q but to legislate in prescribed form.
: 1t seems 10 be only the assertion Of a tn
!, ism to say, that if Congress undertake I
s. prescribe the slime" when the electio
II shall be held, they must name the day;
& they undertake to prescribe the "place,
4 they must designate it; and if they undo
d take to prescribe the '.manner," and desil
e single districts, they must establish then
\ In word, if Congress is not content vii
It the legislation of the States, and desire
l. alter the same, it must do so in such mann'
e as to enable the people 10 exercise the rIg
q at election, without resort to Stale legiSl
II ton.
;" The greatest enemies of the rights OF Il
J. States, and those most latitu linnus in the
p construction OF the Federal Consliluio
" admit that the Government OF the Unilt
$. States is one OF delegated power only.
n his be true, may 1t not be asked where
IT, the delegation Of power which au,horIz
H. that government To command the States n
ID only to legrSIa,e, but to legisIate ib the Tor
$. clause of the Constitution that autho ICES Il
a. Federal Government to transfer its powe
II ni legislation To the States? Such an q
~ thorlty has been assumed, for the first tin
,e in the history of this Government, by Il
OF present Congress.
.u One Of the great objects, in abondonir
V. he articles OF confederation and formiT
nc the nreSpnt conSiiiutinn VAS IN anahia n