Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-12-20
THE ELECTION LAW.
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THE ELECTION LAW.
To he Editors OF the Wig.
When this law was upon its passage through Congress
1t was asseied with violence by the party the m the
minority But believe that few persons suppose tha, any
serious opposition would have been made 10 the
oil the law had supposed that the opposition then made
was only part OF the system then adopted by the tay IN
The minority OF opposing all the measures good bad or in
different, winch were supported by the Wing Congress-
It's provisions were so highly expedien cononnabe to
the general SENSE oi the country it, sutonaity Oh
Nous, that not TO be supposed that madness of fac
on would have opposed the execution OF provisions
II ~ however, certain, from the proceedings Congress
as well from the taken by the press OF the party
now in the assendency attempt be made 10 rcs,
TIE execution OF tins law, and 10 admit the Halls OF
Congress body OF men, who IL h. pretended by any
enc elected according 60 the law OF land propoe
then, 10 consider the ue OF to be regarded a
Representatives 4" the people in the Congress Of the Unit
ed States. The constitution Vi the IT, $ provides that
1.-THE umes, places and OF holding elections for
Senators aud Representative shall be prescribed an each
State bv The Legislature thece$: but tie Congress may nj
any time make alter such regulations except os 10 the
places Of choosing Senator's" The Language o the above
section ~ as broad could have been used and in INV
apprehension conveys supreme and unlimited power to
Congress 81 Tar at least as the for
Representatives is concerned Indeed the objection 10 this
Law not that Congress has assumed powers granted los
the constitutions that las encroaced uponthe reserved
rights OF tie states but that has Drebon exercise powers
which It admitted all hands conferred upon Con
gress For believe tsadmIe all hands, that Congress
has the night 10 district the States themselves The ground
then, OF opposition 10 this law understand IT, il
that II command upon tue States that which Con
has done that when Congress
tins section OF the Constitution, exhaust it's power
On that subec and not leave any thing be by the
State Legislatures In the first place, let procee To IN
qure into the consequences which would flow from view
of the Here sections vi the election law
BY tie first section il Is
Prorided, That from and after third day Of March
thousand eight hundred and the House OF
Representatives shall be composed OF members elected
greeaby ratio OF Tor every seventy
thousand SIX hundred and eighty persons in each State and
OF additional representative Tor each Stnte having
faction than moety ratio, computed
according To the ru ePrscred by the Constitution OF the
United States mat Is To say Within the Stlie of Maine,
seven; within the State ct New Hampshire, four.
By the second section:
That in every where a State is entitled To more
than one Representative the number which each State
shall be entitled under this appo tonmcnt shall be elected
by districts composed of contiguous territory equal num-
Der 10 the number Of Representatives which said State
may be entitled, district electng than Re-
prcseniaiIvc.-i TprOred June 25ih, 1912.
IL 90 impossible for any in either of the above
sections any thing in appearance like a command
Surely there's nothing like command lle language of
the law II there he any thing like command be
~ tie ct that the law requires the action OF the States
give It effect Now the first section is equally liable 10
this objection, as the last The action OF the State Legs.
aiuros could lave been required give effect the first
section OF tie law it nd stood alone, precisely as it is
required the law, wktands. Suppose that section
Of the law which requires that members should elected
10y districts, had be cngaitod upon the law. Does
not every man perceive that the action of the Legislature
would have been equally necessary, in order give life
and effect the law Ia fact, that the whole machinery
o State has regulating elections, would have been re.
CURED To- give effect to the oi Congress We all know
wcn the former Hpporohment laws were passed. the Lc
gaire OF State passed laws for the purpose carry.
ing the law Of Congress into effect II then the objection
which made the district clause of this law be- sound
one, II applies with equal force the first section. To
what conclusion then are We drvenl Why, that IT both
sections OF the law unconstitutional and therefore mil
and void, then those members who have appeared and To-
ken heE seats come there not under any law OF the land
and are To be regarded better than band squat
tiers upon the floor Of Congress This my mind is the
irresistible conclusion to which the Argument Of these
But | ~ nOy Il, tb, H..
principle upOn which the district law is founded is one that
recognized we'll 10y the Constitution ia several of s
provisions, a. lay numerous laws that have been passed bI
Congress.
What i, that prncple' II is, Tint there arc certain du
Ties required nt the states, compel the performance Of
which no penOios annexed, and compulsory mode
OF ensurng icir executions ~ other words, tho States
have certain rights under the Constitution the benefit of
which Will not bo lost 10y refusal ieir part perform
their acknowledged duties. The Constitution provides
THAT the Sennc al the United States shall be composed n
two Senators from each State chosen by the Legislature
thereof Tor xix years" This clause If the Constitution
SDnIalns w ilsei mandate 10 each Oi the States Of this
Union 10 elect the Senators; and yet there no mode of
compelling the execution Of this mandate. The only COM
Pnhon which the Constitution provides Is that provision
when requires that each member Of the STATE Legislature
shall take an oath 10 support the Constitution Of the United
States. Again, the Constitution provides ihat Congress
sha nave powert" provide Tor organizing, arnng, and
dscplnlng the militia aud Tor governing such part OF them
az may be employed IN tee OF the United States
resorvng 10 the SnWsre-pccuyey the appointment Of the
| officers" &c.
Here again will he perceived that the impottan, NAVE,
Of appointing officers ~ the militia depends entirely upou
TIE free will 0l the States, aud That there IS no power 10
compel icir execution VI Ibis duty cnougd ny c Consul.
tuition.
pad hai the principle upon which the distinct clause of
The law was bufed recognized well by the Consu
non Us by he laws which have been passedthc laws
upon your statute book
In the slight investigation which have given this sub.
ec was by chance directed 10 the Of the first session
OF Congress found ho the first act Of the fret session
81 COngre-g recognizes this principle distinctly The
hrsi section pfcscbes the form VI the oath 10 many
words The third section provides, chat the Inbcrs u
the foveu State LePsatues the next e-zions Of the
SAID Legislatures respectively and al executive and Judi.
ca Officers u thc several States who have been hereto.
fore chosen appointed who shall be chosen ~ np.
pointed before ihe first day Of August and who shall
then be u office shall, within month thereafter take
the same oath affirmation, except where they shall have
taken before; which may be administered by any person
authorised by tie law Of the State, IN which such Office
shall he holden, 10 administer oafis."
IL would be- admitted that tls law issues a mandate 10
the States, requiring II thcm express terms the adm.
nisiration oi an oath. prescribed by Congress.
In the Cnhy history Of these States, do read Of op
position this law upon tie absurd ground ihst issued
nsndaiHUs the Siaiosl Again Under the constitution
COngfeu may determine the II choosing the electors,
and The day which they shall give thcir voies. Now
the States hive passed various laws providing Tor the
These laws passed In obedience Ia the of acts Congress
Tor there D. expires law Of the Congress Of the I. States
requiring the States pas laws providing or the meeting
hot electors hy ccrtun day. This law have not now
before me, bot confident that t contains express
equ.iuon upon the States ~ iaci, docs ts very ap
poroumcni law render u necessary that is State should
alter the electoral di.tictl Yet would any cue b. 20 al
srd propose that Virginia should refuse ~ alter her
electoral dsircts becaue rendered necessary by sn