Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-05-10
-pERCH or MR -UMMERs.
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Il Is not probable that the appointment OF plae
foe holding elections will ever be directed 10y Coz
gress. and yet It was proper to provide in the Con
ttituttOn Zoe such contingency. IL might 80 happe
that an invasion OF State 10y hostile forces or tf
hostile occupancy Of part OF the territory ola Stat
would prevent the people from holding on electro
for Representatives at the place prescribed oy III
Legislature, and the same cause might prevent IN
assembling OF the Legislature, to alter the place
nine,. In such event under this clause OF th
Constitution II would be competent for Congress
"by law 10 make such regulation" rs the occasio
required. -.
But il is uai)erpsifs "a the "manner Of holdin
elections" that is by FAR the most important IN con
ssousnces To enable the General Government L
bring this about, and to decide among other things
how the elections should be held, whether by n vot
Of the people at large throughout the State, or b
district election the very reason for the nser
lion OF this clause, as shalt now show. by an nu
tnority the highest which be vouched, and 4
which all must yield, Ms paramount. mean NJ
Madison, in the Convention OF l7s1, when this yer,
clause was under discussion, and when IT'S necessity
ITS Interpretation and bearing IN all respects ~a'
the immediate subject OF examination by mat rare
" not uneoulled assemblage of wisdom and patriot
ism. This authority puts to rest the dimenlty
started by the gentleman from Geotsa, that the
manner OF holding election" cannot apply 10
the holding il within district, or through the State
nt large. twill be perceived that the precise ucs-
ton Is indicated, among other things, MS embraced
within the scope OF this clause.
| quote from the Sd volume Of "the Madison pa.
pers," being MIR Madison's own report of the
proceedings and debates OF the Convention which
framed the Constitution. The FIRST clause Of the
4th src L. art. had been adopted. "Mt Pinckney
and MIR Rutledge moved to suike on. the remain
ing part viz "but their provisions concerning them,
may at any time nc altered by the Legislature Of
the United States" The language OF this section
ms j, was finally adopted, nrd nov stands in the
Constitution, IS somewhat broader, than as here
proposed, for the power to Congress IS TO make"
regulations as well to "alter such rs the States
might make 1.-THE States, they concluded, could
and must be relied on, IN such cases"
Mr. GoRHAM. 1T would be as improper 10 take
this power from the Natoral Legislature. ms to re
strain the British Parliament from regulating his
circumstances oC elections, leaving this business TO
the counties themselves"
Mr. MADISON. "rhe necessity of n General
Government supr>ss5 that the State Legislatures
will sometimes ail refuse to consult the common
Interest az the expense Of their local eonrenencss or
preiutices. The policy ofreierrng the appointment
Of the House OF Representatives TO tie people, and
not the Legislatures OF the States, supp9seS that
the result will be somewhat influenced by tho mode.
This view OF the question seems to decide, that the
Legislatures Of the States ought not 10 have the
uncontrolled right of regulating the times, places,
md manner Of holding elections"
"rhese were words OF great latitude. TWAS I'M
possible to foresee all the abuses that might be made
OF the discretionary power. Whether the electors
should vote by ballot, or rird roet; should assemble
at this place that place; should be divided into
districts all meet ut one places should all vote for
all the Representatives, all 10 district vote for
n number allotted TO the district; these and many
o,her points would depend on the Legislatures. and
might materially affect the appointments. When
the State Legislatures had a favorte measure
10 carry, they would take 10 mould their re
guations as to favor the candidates they wished 10
succeed. Besides the inequality o. the representa-
ton the Legislatures of particular States, would
produce a like inequality in their representation in
the National Legislature, as 1t was presuma DE that
the counties having the power IN the former case,
would secure II TO themselves in the latter. What
danger would there be IN giving controlling pow
TO the National Legislature or whom was it
TO consist First, OF a Senate TO be chosen by the
State Legislatures If the latter therefore, could be
trusted, their Representatives could not be danger.
Gus. Secondly, Of Representatives elected by the
same people who elect the State Legislatures
Surely, then, IL confidence is due TO the latter it
must be due 10 the former. Ii seemed improper
IN principle though 1t might be less irconvenient in
practice give TO the State Legislatures this great
authority over the election Of the Representatives OF
the people in the Genera! Legislature, as II would
he to give to the latter like power over the elec.
ton of their Representatives in the Safe LegIs.a
ture.
Here, then, we have full and conclusive evidence
that the Convention intended 70 vest in Congress
the power 10 declare by law, whether IN eiecting
Representatives TO Congress, the electors (Ihe peo-
pie oihe States) shouid all vote for oil the Repre-
sentaiives or all in district vote for a number al
loued TO the district"
Regarding it, then, as established, that we have
the right, under the Constitution, TO adopt the
amendment now proposed, permit me to add few
words as to the expectancy OF now exercising that
right.
am aware that in several of the State Conven.
tons, objections were strongly urged against The
use of this power 10y the General Government. BY
some it resisted, on the ground that Congress
might direct elections TO be held nj unusua and un
suab e places and at announcement times 10y Others
that the general ticket system might he imposed en-
the people OF the States.
Now, a constitutional question remains always
the same Questions al eXpedlency, however are
changed and modified by change OF time and cir
cumstances. Wehave now the teneht OF fifty years
pas; experience IN the workings OF Government
machinery, and VIC have reached pOlnt IN the
national progress which enables MS to look much
farther into the future than our fathers could the
time they set IN foot the great experiment, in the
success Of which IS involved the freedom ard hap
plness Of mankind.
II, IN the course OF ;hat experience, vices Of the
system have developed themselves which have
power 10 remedy. or Improvements have suggested
themselves which we may avail ourselves Of, sha
he prevented simply 10y respect for The opinions
which prevailed with some, htty years ago, when
they had no, the means Of knowing whether those
opinions were correct or incorrect from attempting
10 put the remedies and improvements into pfnc,i-e1
considered extremely important and desirable that
The manner Of holding elections for Representatives
should be uniform throughout the States. IL Is also
apparent that this uniformity cannot be brought
about by the action Of the States themselves I'm
medateiy after the adoption of the Constitution
the district system was provided IN oil the States
Since that time seven OF the States, VIZ. Rhode
island, n. Hampshire, New Jersey, Georgia, Mis-
sIssIppi Missouri and Alabama, have adopted the
system Of ELECTIONS by the people at large In the
State last named, the people themselves have re
pudiaied the system.
This House Of Representatives constitutes one
branch OF the Legislative Department. It's mem
bers should hold their places by the same tenure
and represent the sort Of constituency. A
want Of uniformity in these, mars that harmony of
structure which should he presented by every legis
lative body.
But, what IS much more important, the adoption
Of different modes Of election produces great me
quality Of power on tins foor,-ihe States holding
strength here not IN the ratio Of their population
and the consequent number Of their Rcpresentn
yves but in the concentration and unnnintv of
opinion found IN their respective delegations. Tn
der the general ticket sysiem, II is rare occurrence
that there Is any difference Of sentiment on nnv Of
the great questions arising IN this body among the
mcmhersol O State Representation. They are ne.
cessary presented for the SURFACES Of the people
10y Convention Of the Party to which tbey are
politically attached, or by some species Of caucus
arrangement Each parry In the States presents its
cket, mnde up Of candidates holding the opinions
Of such parties respectively. One or the other Of
these tickets rs elected, and the successful party in
the States has secured an entire delegation holdno
tho same opinion with itself 10 the House. sucb
delegation gives its vote on oil party questions NJ
least and most questions are now made 10 partske
ol that character, with tc force Bs If given bv