The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1842-05-25
t.rEW' SERZES.] vOL. 3.

separate, inde pendent, and sovereign cha
racter, could possess this power; the pow
er was called into existence by the adop
ton. of the Constitution, and the consc
qucnt formation of the General Govern
l.nent. No one State could possess thi:
power, because il could only be created by
their joint actions and no necessity exist
ed for such a power before the Consttu
ton was adopted. What they could MOI
do in their separate character as independ'
ent States, was transferred, by joint con
cession, to the Congress of the U. States
and these separate States, in their indiri
Edual capacity, were as incapable of exer'
csing the power now claimed for them
as they were TO make the Congress or the
General Government, as it now exists: Il
involves physical impossibility, Where
was the power to elect Senators and Rep
resentatives to Congress previous TO the
adoption of the Constitution g.? Did each
one of the States possess it in whole or'1n
part only and was this whole, orspart OF
the whole, surrendered TO Congress, with
a mental reservation Of so much as each
one of the States might choose TO claim at
some future period! Why, sir, it is clear
to nv own mind, al least, that if neither
the Confederation nor the Constitution had
been adopted, no such power would ever
have been heard of, because, as have at
tempted to show, it is power incident to
the Constitution alone, by the joint action
of all the States. The States, in forming
this Constitution, created a Government
for certain great purposes, parting with
some of the powersSwhich each one pos
sessed, and imparting Others to the Con-
stitution, which, by inevitable necessity,
they never could have exercised in their
separate Characters And such, sir, is one
Of the powers now under discussion. All,
,heswhole, and entire power, whichdhe
States possess over this subject, is derived
and exercised from that clause Of the Con-
sliiu,ion have just quoted. 1t is by vir-
tue of this clause that eaeh sofsthe States
has been elec,ing Senators and, Repre-
to Congress for the last half
century; some electing by general ticket
others by the district system; some elect
ing a year in advance Of the meeting OF
Congress, and others after the commence
ment of the congressional term. Could
any one doubt, under this clause of the
that Congress might direct
all elections for Representatives to take
place on the frs, Monday in n..d 1nassding The
ne etine Of Congress That would be to
fix the time as prescribed. Could not Con,
gress also direct that these elections should
Ee held at differen. precincts, or places Oh
elections of the several counties ana us
,r;c,s of the State? That would be the
place as prescribed. ] have heard no one
in this debate question this power in Com
gress, and l presume there is no dispute
upon these points. We'll, sir, is 1t not
equally clear, that Congress may also point
out the manner of holding elections anu
designate, as is done in this amendment
that Representatives shall be elected by
districts That would be the, manner as
prescribed. Sir, the whole clause, the
"limes, places, and manner" must 60 TO-
gstacr; they are mutually DEPENDENT In
separably connected; and if you strike one
from the list, all must fall with 1t. must
confess l. nave Uttil doto'tS''SN
gentlemen seriously contend that each OF
the States possessed this power exclusive
ly, derived, as they admit, from the Con
stitution; but tina: Congress had no right
now 10 touch the question, as the States
had been so long in the occupancy OF 1t.
Thisi is new principle to me, and involves
an absurdily in law. The argument, II l
understand ii, is this the common agents
have certain powers conferred on them Dy
the principal, and, from long use, have.ac'
quired CHER and greater powers than
the principal. had thought, if there was
any principle we'll settled and delneu,. II
was the reverse of this doctrine.
But it is said, that, allhoug h Congress
might rghllully exercise this power OF dis
lricting The S.ales by its own legislation
it has no power, in this indirect way, to
order the States what they shall or shall
not do. ! should be the last man in this
House to send out orders to the State Le'
gislatures; and | would be foremost TO
resist such an innovation upon therights OF
the States. Nor do consider this amend
ment in that odious ght. find the Con-
sC,ution has committed certain powers and
duties to the State Legislatures, reservlng
to Congress the right ito make or alter,
by laW;these duties, whenever il may be
L