Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-05-09
SPEECH or MR. SUMMERS,
OF yrsefsrA,
mn .-.-..l...a-. ....f.I... ......s- ia

Il
OF vIseIsiA,
On the Bin sppsrtioaing Representatives among tl>
| sersrsi STATES Nnier the Sirih Census.
| The following amendment to said bill offered
by Mr. HAIsrEp, Of New Jersey, from the Com.
| mittee on Elections and modified by MIR CAnfBGLL.
Of South Carolina, viz. THAT IN every case where
| a State is entitled to more than one Representa-
| tive the number to which each State shall be enti
| tied under this Apportonment shall he elected by
districts composed OF contiguous territory, equal IN
number to the number Of Representatives to which
said State shall be entitled, one district eeetins
more than one Representatives" being under con.
sheraton in Committee of the whole House on the
state Of the Union, on Wednesday, the 27th ult..
Mr. SUMMERS addressed the Committee, in sub
| stance. as follows:
| MIR Charman-Findng that the opinion which |
entertain, on the question under consideration,
differs from that expressed by some other members,
whose judgments am accustomed TO respect, and
that my vote It will he IN orposilioa TO that OF
sous of my colleagues, beg leave briefly to sub
init some OF the considerations which induce me TO
support the amendment proposed.
That portion OF the Constitution, the construction
of which is involved IN the proposition, Is the 9TH
section OF the LIST article, aud IS IN the following
words: "Ihe tunes, places aud manner OF holding
elections for Senators and Representatives., shall bo
prescribed m each STATE 10y the Legislature thereo
but The Congress may, az any time, by law, make
or alter such regulations, except as TO the places OF
choosing Senator's"
The question which now arises is, whether Con.
sress, by virtue of the authority conferred 10y the
latter Iart Of this clause may risht;ully provide by
Law that members OF the House of Representatives
shall he eeced IN the several States by district cleo
TONS the qualified voters wIlhn each district voting
for one member, and not by the genera. ticket sys
ten, unier winch the electors are vote Tor
many members as the State is entitled To. The
enquiry s not whether such power ought or ought
not To have been conferred on the Legislative De-
afatFh b..
question for those who framed the Constitution, and
Tor the People of the States who ratified and adopt
cd II, to consider AMI decide. IL is for TO a.eer
tain whether such power does exist, by The terms OF
the instrument, ana II 80, whether It IS eNped,ent
now to exercise Il.
From the pisin, un-quivocSl language OF this
section Of the Constitution. without the aid Of con-
tempoaneous exposition, u would seem manifest
tina; Congress has the right 10 make such provision.
That times, places and manner cl holding elections
sha Il 10 prescribed n each State by the Legislature
thereof" - expressly provided; but that the Con-
gress may at any time, hy law, make such regu'
ationSh itself, "aiirr such regulations" as the
State Legislatures may think proper 10 make, IS
equally express. Mhatsocv-s "teeulsH1n." then,
the Le.isntur, Of State my T,sh fully r.escr We,
under the authority OF this session, touching "the
Nmcs, places, or manner Of holding the elections
OF members Ct :hs body, the Congress has the
night, "by law, 10 make or alter" save only IN tire
case excepted by this section Itself 'the paes OF
choosing Senators" In every thing, therefore,
which concerns "ths manner o. holding elections"
for Representatives, the Legislatures of the several
States, END the Congress of the Unied States, hold
concur ent lurlSticLJn, such jurisdiction becoming
sole md exclusive on the part Of Congress, wherso.
ever hat body ,hlnks proper TO assume ana exsr-
else II.
This construction, so far, seems 10 10 admitted
by those who have taken part in the discussion IN
opposition 10 the power 10 adopt the propo-ei
amendment, bat they seek to avoid IN consequences
which suc1 construction places upon thein, by Ia
king 'his srnun-: that the elecuon OF Representa-
tyes Uy cs'Tc; election, or ty the general ticket
plan, uoes not belong 10 ".he manner OF holding
eectiors-thai thcs- words ave M relation 10 the
one sye;em or the o,her-that should the dsirc,
pan be adopted. and the districts be arranged,
The manner OF holding elections" within such dis
les yet remains 10 I've "prescribed in each State
by the Legislature inereofr II is asserted hat this
language, "ihe manner OF holding elections is
synonymous with the manner OF conducting an
election and that the Legislature Of a State may
very properly prescribe whether election of Re
representatives. shall be conducted rira r0cc, or by
balloi-vhe,heT the sheriff OF the county or some
other ohceT sha conduct the election; and that the
"nilnner OF holding elections" in these and other
particulars Of ike character, may be prescribed by
law OF Congress- or, being prescribed by a State
Legs aiure, the same may &c altered by Congress.
Now, | would respectfully submit this enqury 10
those gentlemen WHO take this view OF the clause
under consideration. II the authority 10 arrange
the sevcra. States into the appropriate number Of
districts Tor the election Of representatives, which
most Of the State Legislatures have exercised from
the foundation OF the Government. or the authority
10 provide for their election by general ticket when
has prevailed, and Yet GOES, some others Of the
States oe not reierabe TO this section Of the Con-
su'uilon which gives 10 the State Legislatures the
power 10 prescribe "ihe manner OF holding eec-
tons whence IS Il deriyablel Can any one OF
them point 10 single article, section or clause OF
The Constitution which gives any such power 10 The
State legislatures, excep: the one in question:
There IS no other part OF the ins,rUmen; which
touches the subject, au'hOrIses the Legislatures
to take any action ia rt alton to the election OF
members OF Congress, except the 80 section Of the
same act, when ctects the Senators be chosen by
the Legislatures for SIX years.
Il the power conferred by this section on the lie /
gislstures Of the States prescribe the manner Of
holding elections" for Representatives does not EN-.
brace the power 20 decide whether such elections
shl be he'd ~ districts, 20 be arranged for that pur
pose, then no such power exists. II the power 70
arrange the STATES into districts adopt the ge-
neral ticket system az pleasure, does belong 10 the
STATE Legislatures, ara belong 20 them by virtue If
tins section, then the same power by virtue Of he
same section, IS reserved 20 Congress Which body
may al any time, ~ .a~, make or alter such re
~ atoms"
But some gentlemen, ~ attempting 10 maintain
the rntenaue position, THAI the arrangements with
100 ne S.a.es g. Provide for Crn ress-onli elections
nave 10 r. alton % t1.s section. which prescri8cs
ne auinoffy that. 60 determine "the manner Of
no ding elections" and. unable % hrd any othe,
b section Or part winch does transfer suy SUCH ~.
ir7riiy % the SAFE Leg, silrss sre driven 70 rs
seri That such power 0eongs % them, ifrsroect,ve
D o. ary confttUuonl. provision. pom wha. view
i o. me cnarlc.cf, rCVefs, % duties o. Govern
n1sn'. such suggestion can rest, an incapable Of
/ perceIyLg.
/ On The other hand ! have no hesitation in saving
irat, but ior The concurrent authority pfoydsd In
/ me an ssclon n the lst article Of the Consii,u
/ Ion, me State Governments would have no pouet
Th'tsoe7er 70 pres-rit. he time, place Or manner
Of holding elections for Representative, IN the L.
slsiauye branch OF the Fedsra Government or 10
pass bny lav directing OF controlling IN any re-
sPsct, the mode 10 which such election shall lie
held, whether 90 districts or by genera. ticket,
u - fundamental principle, that every govern
ment holds IN rs possession the machinery of its
own operation, and the means Of ~ own prcs.r.
vauon and continuance. OF oil the instfumentaIity
4 proper 70 secure these ends the power 10 dlrrrt
prescribe and contro. iis elections IS chief A Go.
yefnmcnt ike ours composed Of an Executive
legislative, and judiciary Department. vbsb
should wholly transfer from itself 10 another Go.
vetnment, or TO an indefinite number Of separate
governments, the authority % provide Tor the cleo
tons or appointments Of these several bodies Of
M9glstracy, would be n most anlmolous specfrnsn
o. a social compact. 4 human body. perfect in
physical organization 10 the eyes Of the observer
bu. totally devoid Of the apparatus whenwith 10
breathe The breath Of lite, would he ts approprf.te
counterpart. Such form Of government would
have no power 10 regulate us own aetoa, or 10
prevent us own dissolution. The latter migbt he
brought about NJ uny time, by the refusal of the