Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-05-09

would form a part
The gentleman from Georgia mir Colquitt,) and
my colleague. mir Goggin,l have argued that the
adoption OF the amendment now proposed, would
he an invasion OF the rights OF the States As to
the quo modo OF the aedsed iniraetion oi , atts
| Rights, these gentlemen differ widely. The gen
tleman from Georgia ma,nlains that Congress has
no authority whatever To prescribe that the cleo ion
OF Representatives shalt be by district ehc ons-
that the States themselves have no power TO adopt
that mode OF election. The general ticket system,
he thinks, is the only one iot which there - any
constitutional W variant. This opinion he rests upon
his ruction of the 2d section of the LIST article
oil the Constitution, which declares That the Ho"se
OF Representatives shall be composed OF members
chosen every second year by the people of the
several States" THIS clause, as he intetpres rs
meaning. requires that each OF the members TO be
elected from a State, must I've proposed Tor the
choice OF the whole people OF the State, aud that
a member elected by the people Of n district, not
being q member "chosen by the people OF the
State" IN not cohsututonaliy member OF the
House OF Representatives. by the use OF these
words, "the people OF the several States" the
Constitution does not intend TO designate the who c
| or part. They are not used numerically, but are
simply designed TO designate the constituency oil
the Hcnse OF Representatives,, m coniradistinet,on
to the constituency of the Senate. Thc section
Immediately preceding, provides that al, lesisli
tive powers herein grinIed shall! be vested IN Con
gross of the United States, which shall CONSIST OF
Senate and House OF Representatives" Then
follows the section above recited, directing that
4 members OF the House Of Representatives be
chosen by "the people OF the several States" The
third section OF the article then declares that
"the Senate OF the United States shall be compos'
ed OF two Senaturs from each State, chosen 10y the
| legislatures thereof" These sections taken TO.
gether, only provide how Congress shall be eonsu-
tuted It is divided INTO two branehes-the House
| OF Representatives being the popular branch, and
| elected by the people OF the States while the Sc
nate which represents the States, sovereign and
equal in political power ~ States however unequal
IN popu'a,icnI Is chosen 10y the Legislatures OF the
several Sia,es-tfsc constituting the embodied
| sovereignty OF the States, deles1tins Representa-
lives OF that sovereignty to another Government
The members OF this House from Virginia, al
though elected IN scpArate districts. are no less
elected by the People OF Virginia, than II they had
voted for IN every part Of tie State under the
genoa ticket system.
My colleague (Mr Gogsin) comedies that Con-
grcss has The constitutional authority prescribe the
manner of holding the elections. and that 1t is com
p~teni TO enact by li~, that the system CT The
oher be pursued. Tie himself Is IN favor OF the
district system, and holds IN jus: adherence the
mlschieis Of an eccicn 10y general ticket. He
CUES. however, hat u was no; Contemplated by the
trainers OF the Constitution that this power Should
be used, unless tho State Legislatures should refuse
10 pass ths necessary laws providing for the &c ion
Of members OF this HNuse-that on the part Of
Congress, 4 Is power of deruer resort, IN exist.
oncs, bat dormant, until refusal by the Suites 10
exert the power brings it into action. lie
contends that the exercise Of the power, though e
climate, rs an interference with the rights of the
States, which they have become accustomed TO en-.
Joy, and hat The exercise of itnow though bcnef-
cial, may e1d 10 its hereafter Tor purposes o!
mischief. lie expresses he opinion and thinks he
: sustained by MIR Madison in tho Virginia Con.
ven;ion, that Thu power never intended to DC
exercised by tho General Government, except 10
ptevcn; It's own dissolution-that IS to say, only in
the event the State Legislatures should utterly re-
fuse to provide foc the election OF Representatives
in Congress.
The Government o! the United States, is ono Of
-
srantors, and the Constitution, the instrument by
which the grant IS declared. Whenever a power IS
claimed 70 be lodged in the General Government, u
must De found 10 lie either IN express grant, or to
belong 10 that insirumentaiy necessary 20 carry
into execution some OF the delegated powers.
The true theory OF the Constitution is, as hum
bly, conceive, TO preserve each Government IN us
own prescribed aud appropriate sphere. and while
would not knowingly subtract particle from the
mass Of power reserved TO the States, | think we
are equally bound TO sustain the General Govern
ment N possession OF such authority, as IS clearly
delegated TO It. The rights which belong 10 them
respectively, are not IN conflict; the lines which
separate them are defined. The rights of the States
are no, to be preserved 10y a denial of oil right TO
the Government Of the United States, nor those OF
The latter TO be enlarged by clam 10 any beyond
those which the written covenant contains.
In the present case, we have an instance Of mutual,
or rather concurrent power, expressly declared. IL
IS TO be exercised primarily by the State Legsla-
lures, hut paramount authority IS expressly gwen
N the same clause of the covenant, Whereby the
Government OF the United States may exercise the
same power.
Thsis it should be, and the wisdom OF those
who framed the instrument, - manifest in this as
IN all Us parts. For purposes Of convenience It
was proper that the State Legislatures should have
authority to appoint the places, times, and manner
OF holding elections, IN the general. But II was
equally proper, nay absolutely necessary, that the
General Government should be invested with like
authority not to be used harshly or unnecessarily,
out when the occasion demanded u, to he used ex-
ciusiveiy. have already stated that such power
Is essential to the very existence Of a Government
Suppose a State Legislature. or several of them,
m neriod OF temporary excitement, should repeal
the election avs which they may have enacted re-
alng 10 Representatives IN this body, or should re-
fuse TO provide for the holding Congressional cleo
tons IN ary manner, what would be the condition
ofih' Government II would lie virtually dissolv.
ei.
B1,it is not alone, TO prevent It's own dissolution.
That this power IS conferred on Congress, nor do
undctstsnd Mr Madison, asqgoi- bv nv cole. cue
o sustain that position. Mr. Madison IN The Vir
gum Convention. On l7-- when asked Jy MIR Mon.
roe, U exp am this feature ofiho Constitution hich
- more 1ln any oihcr pcrsOn coniri Juted 10 form
anI afterwards % establish, said with respect %
M Other point, % thought that the regulation
Of ,msi place and manner, Of electng The reoresen.
ntEes, should e uniform throughout the continent
some States might regulate the elections on prin.
cp.es 90 eqgaiity, ard Others might regulate them
other~lse. This diversity would he obviously un.
ius'. Elections are regulated now uneaunlly IN
some states, particularly South Carolina with re-
sPee' TO Charleston, which is represented by thirty
. members.
"ShoI'd Tho psope ri any Snte, ~ any means
DO deprived - the right Of suffrage 10 was JUDGED
uro1er that u should be remsdied hy the General
GovernmenL u was found impossible % fix time
place, and manner 81 the election Of Representa-.
yves, 10 the COnsttIton, II was found necessary 10
leave the regulation q these 70 the State Govern
ments, as being best acquainted with the situation
OF the people subject 10 the control Of the General
Government, m order TO enab. u to produce uni
/ iormity, and prevent lie own dissolution"
THIS coniempOunoous exposition mos, clearly
shows that D. was not alone 10 prevent It's own dis
soluion, that the power was vested in the GcrsfsI
Government nor was II contemplated that its eXer.
cise would be restricted to the avoidance of that
event.
On the contrary the hfsi reason assigned for IL is
/ that 1T was thought shat the regulation Of times.
/ Places and manner Of electing Representatives.
should be Uniform Throughout the continent" and
. IN order 10 produce uniformity, and prevent ITS
o"n dissolution, II was found necessary 10 leave
tho regulation OF them, 10 the first place 70 the State
j bovcrnmfnts as being best acquainted with the
situation NJ tho people, subject 10 the control Of the
6enernl Government"
u is thought desirable by many, that the time Of
holding tho Congressional elections should be- uni.
iofm throughout the county. As ~ present reeu
leied ~ the States, owing 10 the different times oI
e.ecuoa, there are periods in which some Of the