Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-08-16

i;lbe State Legislature by accident, design, Of any
other cause would not appoint place Tor holding eec
tons then there might be no election TIL Tie time was
passed for which they were 10 have been chosen anu
as this would eventually put an END TO the un'on
ought 10 be guarded against, and IL would only DC
guarded against by giving this discretionary power -
hc Conaress OF altering the time, place, and manner
r holding the elections II absurd 10 suppose thai
Conrress will exert this power, or change the tne'
nlaces and manner, established by The States II the
STATES viii regulate them properly, or SO as not to de-
tat the purposes Of the Union. IL IS argued ,ha' NV
sa,e srisatrres ought 10 he fully and exclusively
nssssed of this power Were tins the case, !; ng''l
certainly defeat the Government AS the powers vested
r ,bis MAN in Congress taken from the Stale LIZ
slaures they would be prompted 10 throw every o.
s,acc in the way ." the General Government ,.,.
II appears sad Mr.. b from the journals OF the Stale
Conventions that seven out of the thirteen States, on
iected to- and protested against this provision oil Inc
Constitution, comforting dangerous power upon
Corpress and insisted upon an amendment OF this sec
lion so cs TO event the possibility oil mIsconsruc
,;on But their assent was finally procured 10 the
Constitution their objections obvated and their fears
oll,ved by Tie most distinguished men who framed
tine Constitution, coming out SO explicitly, and giving
their construction TO this part OF the Constitutions
and especiay by Alexander Hamilton, who head.
ed the party which commended for strong Fedora
Government, coming out in the 59h number ofhe re-
der,list a production published contemporaneonsly
and distinctly and explicitly placing that constructor
mon this part OF the Constitution, which he Mr.. d.
had pyen to it, To place that construction, therefore,
LOW anon the Constitution, which las been given to
by the majority in Congress, would be to wrest from
The States by fraud, power which they not only never
intended to give to Congress, but winch majority OF
them expressly objected and refused to confer at the
time Of the adoption Of the Constitution OF the U. s.
M one can read the debates and journals of the State
conventions which adopted the Constitution, and fail
to be struck with the garingy false construction which
the present Congress has put upon the Constitution
in the exercise Of this power
since the formation of Republican form OF TO-
vernment two distinguished jurIss have written Com
mep,aries upon the Constitution, neither OF whom
have belonged the school Of strict construconisis
blu, both of whom belong 10 the Federal school oil poll
tics which has claimed the largest powers Tor The Ge-
neral Government In the first volume of the Com
mentares of Chancellor Kent, find, said MIR. B., the
following:
uThe Legislature of each State prescribes the times
places and manner of holding elections, SUBJECT now
ever TO the interference and control OF Congress,
which is permitted them for the sake of their own pre-
seryation, and which ii is 10 be presumed they 1oal
be dsposed TO fzercse except chen any State shall
NEGLECT or yuse make adequate provision or the pur
pose. -,
Constitution commencing on page ISL read, said Mr.
B.. on the subject of this provision in the Constu-
ton, as follows:
ats proprely rested upon the plain proposition, that
every Government ought TO contain IN Itself the means
of It's preSPrValiDU n tioHaiN Po"Si WEI
elections must be vested somewhere. There seemed
but three ways in which it could be reasonably organ
ized II might be lodged either wholly IN the ma
tional Legislature, wholly in the State Legislatures
or primarily in the latter and ultimately IN the former
The last was the mode adopted by the Convention
The regulations of elections is submitted, in the first
stance 10 the local Governments, which, IN ordinary
cases. and when no improper views prevail, may both
conveniently and satisfactorily be by them exercised
Bat in extraordinary circumstances, The pocer IS re-
serrfd 10 the national Government, so that 1t may moi
bc abused and thus hazard the safety and permanency
of the Union Nor let it be thought that such an &C.
currence is wholly imaginary 1t is known fact, that
under the Confederation, Rhode Island, at very cr
teal period, withdrew her delegates from Congress
and thus prevented some important measures from
heinz carried Nothing can he more evident, than tina
an exclusive power IN the State Legislatures to regu
late elections for the national Government, would leave
the existence of the Union entirely ct their mercy
They could at any tme annhilate 1t, by nesectng
provide for the choice Of persons to administer ITS at
fairs II is sufficient answer, that SUCH all ABUSE Of
power is not probable
u'rhe Constitution gives to the State Legislatures
the power to regulate the time, place, and manner o.
holding elections and this will be so desirable boor
in their possession account of their ability to adop
the regulation from time TO time, 10 the peculiar ioca
mr. poitca convenience Of TIC Sates that its rcprese
tayes in Congress will not be brought 10 assent TO any
general system by Congress- unless from an extreme
necessity, or a very urgent exgency. Indeed, the
n Jgr l5.
actually arises, the will be postponed, ant
perhaps defeated, By the unpopuary OF The exercise
of the power All the States viii, under common cir
cun,sances have local interest, aud local pride, II
preventing any interference by Congress; and IS in
credible that this influence should not be felt, wei
in the Senate as in the House. II is not too much
therefore, presume that mW not be rfsorted TO b
Connress until there has been some trtraoTdnrry abuse
or danger in harirg it TO The discretion Of the State
| respectfully"
r. c,p Inv vii
, out any attempt by Congress to make any regulations
or interfere in the slightest degree with the election
members Of Congress. If, therefore, experience cal
demonstrate any thing, II is The entire safety OF Inc pow
er in Congress- which is scarcely possible easonine
from the past should be exerled, unless upon YER
uroent ocrasiOns The States now regulate the time
place. and TIE manner OF elections, in practical sense
exclusively.
The venerable jurst can longer use this kind o
reasoning from experience! Its faacy has been shown
When new edition Of this work is published, thu
language must be changed. 1t should hereafter reat
although the apse of than half century, dur
ing which Congress and every department OF The 20
vernment cheerully acquesced in the true intent ant
meaning Of the Constitution, seemed TO demonstrate
the entire safety of this provision Of the Constitution
vet finally reckless ma iori,y in Congress DESTROYS
forcing their own peculiar views and sentiments ufoi
the legislation OF the States, without any extraordna
~ abuse or urgent necessity, assumed the unwar
ran,ed authority 10 perform this duty Tor the STATE
Legislatures, rather 10 dictate to them the manner
, which they should perform it, alt is not too much t.
presume says Mr. Story, 'that it will not be resort
ed to by Congress until there exists some exraordl
: nary abuse or danger" &c. ALI! there IS anothe
mistake of the ustrious Judge He could not iorese
how little of good and how much of evil was TO be pre
/ sumed" from our present Congress.
inquire then, said Mr. b., If ! am sustained IN my
construction of the Constitution. Judge Story says
"But extraordinary circumstances, the power IS re
served 10 the national Government when II is necessa
nv to prevent an abuse and hazard of the safety and per
|. manence of the Union" And Chancellor Kent says
sit 10 be presumed that Congress will never be d,spos
ed TO exercise this power except when State
shall neglect or refuse make adequate provision fo
tie purpose. Under any other circumstances there
FORE when this mperous necessity does not exist, tile
exercise ofts power by Congress is an abuse an un
warranted assumption Of authority violation OF the
spirit and true intent Of the Constitution.
1t cannot be pretended that the want of uniformity
int no anfa has