The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-12-02
-CONGREsS-HOUSE OF RE
PERSONALITIES.

Qus enim virtutem ampectitur ipsam
Praemia 81 tollas Juy. Sat. x. l. l4l"
Bacon vol H. Advancement of learning, b. ii, 527
at is as hard and severe thing to be a true polt
clan, as 10 be truly moral"
Article the LIST, section 4th, clause lst of the Con
stuton for the United States of America. declares
that, -" The times, places, and manner of holding
elections for Senators and Representatives shall he
prescribed IN each State by the Legislature thereof
out congress may at any time, by law, make alter
such regulations except to the places of choosing
Senators"
The Legislature OF each State shall prescrbe
'he manner oil choosing Representatives, and the
places of choosing them. This duty is impera-
uve-not discretionary-a constitutional duty is
here imposed, which they shall perform "but
Congress may at any time, by law, make or
alter such regulations, except as to the places of
choosing Senator'S"
Congress then has the power TO pass laws
by which laws, the Legislature of each Sts,o
shdH prescribe the manner, the times, and the
places, of holding the elections for The Repre-
sentatlves, aud This may be done BY Congress
al any tune, that is, either before the Lepisla
lures OF The States have acted at all in the mai
Ter or, Congress may alter any regulation made
by these Legislatures 10 both cas- the power
oil Congress is supreme in this matter over the
State Legislatures.
onnke acts oil Parliament and laws of Con
gress where the words may and shall are often
confounded. these words have in the Constitu-
ton Of the United States meanings totally dis
tinct. In that instrument when nothing is ler
to discretion shall is used on the contrary The
word may is never used in an imperative sense.
" 1t will be found (says the Supreme Cour,
wheaton, 1913 Martin Hunters Lessee that when
ever particular object be effected IN, iang,,og,
OF the Constitution IS Arrays imperative and cannot be
osregarded without violating the first principles Of
public duty On the other hand there are mower,
given in language uh Oh implies dserstion as from the
nature OF legislative power such discretion must be
exercised
The Federal Convention used these words in
senses totally Different and while framing the
Constitution, took regular votes to strike ont
the one and insert the oher. See Journal Of
the Contention and The Madison papers.
Mr.. Madison, in No. LXXXv of the Fede-
ralisi, when indicating the 5th article. saws.
The words Of his article are perep,pfory
Nothing ia this particular is len 10 discre-
tion."
II these constructions aud interpretations of
the words "mdy" and "shaip' were correct then.
they are so nouj nothing has changed or can
alter the meaning Of these words and the infer
cnce is irresistible that neither Congress nor the
State Legislatures possess any discretion what.
ever, where the word shall is used Apy AT
tempt to weaken or destroy the force of the Con
sttution IN its imperative commands, is an out
rage not to be forgiven.
What says the Federalisl on this SUBJECT. in
NO. LINZ Alter quoting from the Consttu-
ton the words which commence this piece il
says: This provision has not only been de-
claimed against by those who ccnsurc the Con.
stitution in the gross, but it has been censured
by those who have objected with less latitude
and greater moderation
:" am greatly mistaken, however, IL thee be any
article in the whole plan deensible than tins.
Its propriety rests upon the evidence Of this plain
proposition that every Government ,ught 10 contain ~
Itself The means Of its oienpres1ro'on'"
The limits of this piece will not allow me TO
quote more fully from this commentary on the
Constitution by Madison end Hamilton and Jay;
but | most earnestly recommend its perusal TO
all Read learn. n,ssk, and inwardly digest il.
And if there is anyone who can then advocate
the COMMUNICATIVE Of persons elected not by
districts, as ssrcctcd by Congress, such have
teir minds TO become the dupe of the
heart ard would not be convinced though one
rose from the dead
Nov 20, Isi3 MoNCURE,