Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-05-17

trick Henry John Marshall ana other "o1thes, WE
members In the debates oihat convention, MIR. Mon
rho ,skos e Mr. Madison who had been member oil
the Na,ivuai Cohvt n"n, Conformation respecting Tue
clause concerning elections. lie wished 10 kno" why
CONGRESS had an ultimate control over the time, pace
and manner OF eicc,nns of Representatives. Mark
here Sir that Mr. Monroe, JEALOUS as lie was OF tde'
raj encroacbmcn did not understand The clause as con
crr;n oy;,;, or t0neurrcni but only sutimatc con-
troll, nnd even at tbs he alarmed. MIR. Madison
answered. ,
81, was found impossible fix the time place, and manner OF
. cr,i, r. K, representatives. in the Constitution II was
fpd necessary 10 regulation ef tie IN The first place
IKE State Gors,amcns a> beng best ePuhlsa WIN s sa
lion Of Inc eupe subject To lie control % 'c Gtncia "cyfh
n.nl in order TO produce uniformity AID prevent It's own DISCO
l. !, no, plain that the principal reason in favor OF
This clause was. that this Government might prevent
,s own dissolution by "ultimae exercise of this
mower in case the States neglected or refused TO elect
for submit that after fifty years experience, no DUN
emily ar inconvenience las arisen from the different
modes of election ~ the different states bnl
and hero ask the attention OF the honorable member
from yirrinia IN Summers who has just taken liis
sea, and who has argued s;renuously Tor the excr
cise 1T ,his mower by Congress. The Virginia Con.
y,n,;o, 10 Mace the matter beyond doubt, proposed
an amendment To the Cons tuition in these words
rhar Congress shall not alter, m"d, or interfere in the
,c ,rr q, manner Of holding elections for Senators and
YES or either OF hem except when The Legislature
Of any shall neglect te, or DC eaea' D! '''' VI
And SIR, that the wishes of Virginia nigh be car
ried out the convention added the following Clear ana
positive instructions 10 her Representatives, which !
hope will be observed ny every mehiocr from lhd'
Stale:
And III. Convention do in the name and behalf of the pco
pie If This Commonwealth, enoin upon Their Representative
oprr.s all their influence, and Use all reasonable
legal methods To obtain ratification o Tie foregoing aef-
atoms aud provisions" -,
After tins expression and this injunction by the po-
cal patr,archs of Virginia, will her Representative,
MIR Summers still, 90 for what they considered a
dangerous power in the Federal Government? We
shall sre.
The next State in the order in which find the pro.
caedings of their conventions recorded, IS The Stale
of New York and at all other times, so now turn
10 her with ial affection and hlia pride, 10 lind her
upon this subject pre- eminent among her sister States
for the soundness Of her principles, aud The dignity
and irmness with which they are declared VI tina,
George Clinton was the presiding oicer-
and that body consisted of men whose names adorn
the brightest pages of the history of New iork-they
were men of the Revolution-who had trodden It's
ie!ds-shared lis perls-ming lied in It's conncils-nnd
he is a bastard, and no true Of New York, who
does not listen TO their voice with profound respect =
And what did they think of the clause of the Constr
.utisn now under conside ration In the debate upon
it. Samuel Jones, of Queens county, objected TO 1t,
no, because gave Congress the right now sought TO
be exercised but because in his anxiety 10 preserve
the ghs Of the Stale:
e unprecedented that the clause might he construed as to
deprive The state I'll essential right which, in The tire desg"
at the tuiun To be rcstrrsd 10 ta The Hon Nh
lar un stood the views of the gentleman ne seemed TO
have with respect TO THIS paragraph and feared might be
and abused lie sa that every Government was
imperfect, unless had the power oi preserving se sppss
at accident The States should neglect 10 acn
remedy The oJrous Of the paragraph Was,
that n. 'ee' hoaid take pae Congress should have power
tie Government. and prevent The dissolution
al Union. He bred tbs the dgn GtAe Federal c"nrea'
tor"
Note here, Mr. Chairman, how this agrees with the
on,nion of Mr. Madison before qnoed-that this was
mower TO be exercised by this Government only 10
preservs lis own existence in case of the neglect OF
The States; and that until that neglect occurs, the
risht remains exclusively with the several States. j
have cited from the debates of the New York Conven-
tom now ask attention to its deliberate, auhcrla-
tive official determinations In the very act OF raiiiy
lnr the Constitution, and part Of that act, the Con-
declared its understanding and construction Of
the clause of the Constitution under dscussion in
the following explicit terms:
.That netting contained said Constitution to be
>trrd prev Legislature of State r" passing laws
al lis discretion from rine 10 divide such STATES nio
DISTRICTS ana 10 aiporton It's representatives 10 ana
amongst such dis;Tic,s.'
And now, Sir, ask, if this power is TO be exercised
by the Legislature Of any State at its discreton how
can Congress have any concurrent jurisdiction: how
can the Federal Government act, ua,l the State neg
lects or refuses TO do so: Pass the law your table
and do you not "prevent the Legislature OF any Stale
from passing laws at its discretion, TO the DISTRICTS
which the convention say you have no right TO DO: j,
was with this construction that the convention ratified
clause 10 contain the power now claimed for, tits fair
to presume from the importance attached 10 1t, aud
from the hostility with which ii was regarded, that the
Constitution would not have been ratified by that State
But insist further, that this construction OF the Con
stjtut,on was admitted 10 be correct by ALL majority
Of the States which first formed the Union. They ad
mi,ted New York into the Union with them, because
she had ratified the Constitution But the consruc.
ton she had placed upon this clause part OF The
and, if that construction was different from
the meaning of the clause 1t was no raitcation
and she could not have been received INTO The Union
A State could not modify The Constitution ratfy i,
with the exception of particular section ii some
other State had gwen directly opposite construction TO
this clause and made such construction part OF the
ratification, ii be pretended that both Staes would
have been admitted Clearly not. The State whose
construction was correct would have been admitted
the other rejected. When the other States, therefore
received New York into The Union, it was assent or
their part that the explanation she had given and un
der which she had ratified, true; and her rahca
ton was Of course full, and went to the whole OF the
Constitution.
The convention of New York, after the explanation
have quoted aboy procce DIS in these words (omttng
some relating other matters but none which alice
the sense Of those c',e)
sUuder Impressions and declaring Tia, the rights afoe
said canno abridged violated, and ha, the explanations
aforesaid consistent nh The SAID Constitution, the sails
Of New York. do hy iLese presents, 10 and ray the
Constitution. In full confidence, nevertheless that until
shall he called convened
the said Constitution The Congress Will not make
alter E This State respecting the times places
Of holding elections for Senators Reprcse
ycs unless the o this Stale shall neglect
regulations for the purpose from cir
cunstance b. incapable Of making the and that in those
will only liz exercised until the Legislature
this State shall provision the ncniSes."
SIR language could not more fully have SET forth The
conviction of that convention that Congress did moi
possess, and should not exercise, any control
this subject except became necessary Ia preserve Ills
own existence, by the meg ect Of the State to elect
Bui Sir tina, convention did not stop here. Not con-
tent with soleunly declaring that the Constitution
ferred such power upon Congress; and looking tor
ward, it would seem, with the eye of prophecy to
this very period history, when The rig his Of the
States and the laws and the Constitution would be vio
lated, If found in the way of party purposes they
sought TO strike from the Constitution, by all amend
meni those words under which they feared too truly
that demagogues would seek 10 exercise this dangerous
power After ra,fying the Constitution, the convention
proce cded
"And the do, in The and behalf of the
people the state of New York join il upon their Representa-
Congress exert all their influence and all
able oil tain caiCn Of the following amendments
said CONSTITUTIONS In the manner prescribed therein"
nd among the amendments proposed is the follow.