The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-12-04
ELECTIONS--OONGRR SS.lHOIsSE OF RE-
tt PERSONALITIES.

EI4ECTIONS--OONGREs s.JtiOIsSE OF RE-
fA PRESENTATIVE5
taais enim sirtutem amplectjtur ineam 81
Praemia q tollas! Juv. Sat. =, l. lAl" !,
Bacon, vol II. Advancement oflearnng. ,. II. ~
ut is ashard and severe thing 70 be true psli,i-
clan, as 70 be truly moral" ~
Article thA.1sk ssetion Ash, sl,uus Sci ofths ps.
rsspssoq ~ ths uaeA asasss - sAmssca. dsslsFss
DE- hs times, plaess. and, manner of holding
e5sttons tor 6enators aud Representatives. shall Is
prescribed IN each State by the Eesas46te thereof
hA Oonsres may, at any .iae, by law, akss Or alter
such regrstons except a. p the places Of choosing
The Legislature OF each State shall prescribe
the manner ofchoosing Representatives, and the
places Of choosing them. This duty is impen-
live--not dscretionary---a constitutional dusy is
here imposed. which they shaH perform "but
Congress may, at any time, BY law, make Or
alasr sueh acquisitions, EXCEPT u to the places of
choosing Denasdxt ~ 4 - As =
Congress then has the power to pass laws.
by which laws, The Legislatsre OF each State
shall prescribe the manner, the times, and The
places, Of holding the elections for The Repre-
sentatives, and this may be done by Congress
at any time, that is. either before the Legsla-
lures of the States have acted at all in the mat
ter; or, Congress may alter any regulation made
by these Legislature in both cases the power
Of Congress is supreme in this matter over the
State Legislatures.
Unlike acts of Parliament and laws of Con-
yress where the words may and shall are often
COMPOUNDED. these words have in the Consliu-
ion of the United States meanings totally dis
met. In that instrument when nothing is left
o discretion shalIis used; on the contrary The
word may is never used in an imperative sense
at will be found (says the Supreme Court, l
Wheaton, 333 Martin Hunters Lessee) that when
aver particular object to be effected the language
If the Constitution is always Imperative and cannot be
iisregarded without violating the first principles Of
public duty. On the other hand, there powers
given in language phich implies discretion, from the
nature Of Legislative power such discretion must be
Exercised" ~ gti.r.,n.
The Federal Convention used these words in
senses totally different, and while framing the
took regular votes to strike out
he one and insert the oIher See Journal of
he Contention and The Madison papers. bae
Mr.. Madison, in No. LXXXV OF the Fede-
ralist, when vindicaling the 9Th article, says:
" The aoords Of this article are perentptory.
Nothing in this particular is left to discre-
tom r 8
II these constructions and interpretations of
the words ''n,dy" and "shdiP were correct then
they are so nom, nothing has changed or can
alter the meaning Of these words and the infer
encc is irresistible that neither Congress nor the
State Legislatures possess any discretion what
ever, where the word shall is used. ANY at
temp, TO weaken or destroy the force of the Con-
stiiulion in its imperative commands, is an out
rage not to be forgiven. Esd -T
What says the Federalist on this SUBJECT, in
No. LIX2 After quoting from the Consliu-
ton the words which commence this piece, it
says: "This provision has not only been de-
claimed against by those who censure the Con-
s,itution in the gross, but it has been censured
BY those who have objected with less latitude
nd greater moderation !"
"a am greatly mistaken, however, If there be arv
rtice in the whole plan more deiensible than this.
Is proprety rests upon the evidence of this plain
roposton that erery Gorsrnnent ought TO contain in
fself the means Of its olrn preservation.
The limits of this piece will not allow me to
uoe more fully from this commentary on the
Constitution by Madison and Hamilton and Jay;
'ul most earnestly recommend its perusal 10
ILL., Read, learn, mark, and nwardIy digest it.
and if there is any one who can then advocate
he constitutional right Of persons elected not by
districts, as directed by Congress, such have
permitted their minds TO become the dupe the
heart and would not be convinced though one
rose from The dead.
Nov %, lS43. MONCURE.