The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1842-08-17


tors Doesfhe manner of holding an election
mean one thing when used IN nregard to Sena-
ptors, and different thing when used in refer
ence to Representatives? If Congress can either
divide the State into districts, or order it to be
done, can it not, with equal proprietys blsect
the Legislature, and say that one half repre-
senting one geographical division. Of the State
shall elect one Senator, and the other half shall
elect the other! There is as much authority for
one the other. 1t might be said, in reply to
this view, that the Constitution declares that
the Senators shall be chosen by the Legislatures.
True. 1t also says that. the members of the
House of Representatives shall be elected by
the people of the several States. If all the.
members of the Legislature have the right to
vote for Senators, and cannot be controlled eth
er by Congress or the State Legislature itself;
SO all the people have the right to vote for the
whole complement of members of the House
of Representatives to which the State may be
entitled alike independent of this control. Rep
resentatyes, when chosen, represent the State,
and not any particular district Of State; and
any law which deprves constituent of the
privilege of voting for all his Representatives,
lnfringes constitutional right.
Again: after n State is laid out into. congress
sional districts, 10 election be held until the
are prescribed If you prescribe the time, as
the first Monday in October-places, as the
court-houses of the counties respectively COM
posing the district; no election can be held, un-
ill YOU prescribe the manner, also-as rird roce
by ballot, who shall preside, how returns shall
be made and the results certified.
| assume it as incontrovertible, that the OBJ
iect of the Constitution was TO prevent disso-
luton OF Congress by the contumacy OF the
States in refusing to provide fer holding the cleo
tions 1t could never have been contemplated
to divide the states into districtszas means OF
preventing this evil. 1t is more likely that the
people of some districts, in times OF great eX-
cltement, would refuse to elect members, than
that all the people of the State should enter into
comination. Even if a majority of the people
should refuse TO vote under the general ticket
system, minority would still elect the full
representation to which the State is entitled,
regardless of the voluntary dislranchisement OF
the majorty.tsThis suggests anobjection which
might be urgedwiih great proprety against the
district system. Suppose some district should
refuse 10 returnsmeubers; is the State to lose
part of its REPRESENTATIVES! Because portion
OF the people prove refractory. it is no reason
why the balance should be deprived OF their
rights. The district system might conflict, too,
with the principle that, in the popular branch
OF the National Legislature, the majority OF
the whole people of the State should be repre-
sented You may easily imagine that, in dis
tricled State, a majority OF the members might
be elected by minority OF the people. The
election in five districts in a State composed OF
eleven, might be carried in one way by over
whclmning majorties; while the election in the
other six might be carried the other way by slen-
der majoritles.y,
These are objections based upon expedicncy,
and opposed 10 the district system, whether
adopted by The National or State legislatures
Constitution, in giving TO Congress the power
of prescribing the manner Of holding elections,
never conferred an authority to place the Gov
ernment in the hands of minority of the peo-
ple-whch might be easily accomplished under
the district system.
have the honor to be, your obedient servant,
CHARLES J. MCDONALD.
Hon. NJ. A. Cooper.