Ponola [sic] weekly register., 1843-07-29
Communicated.

communicated.
Ma. EDITOR Il beg leave to say
few words in reply 10 your correspond
ent, Yockana:
The controversy turns upon. the right
understanding of the 4th Sec. of the lst
Art. of the Constitution of the u. S. in
| these words:
"The times, ,places and manner of hold
ing elections for Senators and Represen-
tatves shall be prescribed in each State
by the Legislature thereof; bat the Con
gress may, at any time, by law, make or
alter such regulations, except as to the
places of choosing Senator's" The Sec
ton may be anaIized thus:
|. "The times places and manner OF
holding elections for Senators and Rep
resentatives shall be prescribed in each
State by the Legislatures thereof" This
part Of the section, as far as it goes,
gives the several States Full power. if it
does not go further, and absolutely COM
mands them to exercise it. Indeed, it is
the more plausible construction to say,
that the State Legislatures are here laid
under an obligation TO perform certain
specified duties, the power 10 do which
they unques,ionably had before, as they
originally had all power within their
respective States. Congress has lot the
power TO perform the acts in controver-
sy, unless it has been delegated by the
States; and its delegation depends upon
the next clause.
2. "But the Congress may at any
time, by law, make or alter such regu-
lations.'' "Tbe Congress may' do
what? "make or alter such regulations,''
what regulations? "auch" as the State
Legislatures should make? At what
timer" "Atany time" In what manner?
"by law" Upon what contingency may
Congress do this? There is no contin-
gency expressed; and it is reasonable to
believe that the Constitution intend
ed that Congress might so act by passing
law sat any time" it might choose
| But may it not have been contemplated
10 give Congress he power 10 make
such regulations only upon the contin-
gency of the State failing or refusing TO
do so. If such was the intention Of the
trainers Of the constitution, il is reasona-
BILE TO believe they would have so express.
ed it; besides such an opinion cannot
be inferred from the language of the
whole section standing in connection,
which, after prescribing that the Legis-
Iature of the States shall make certain
regulations which they unquestionably
before had the right 10 make, gives to
Congress the same, to make or alter
such regulations at any time. Is there
any limitation to the power oc Congress
in this respect? Yes; Congress has not
the power to make or alter such regula-
tions ''as, to the places of choosing Sen
ators." Thus ifthe State Legislatures
shall or shall not have prescribed the
places of choosing Senators, Congress
may not make places in the one instance
or alter them in the other. IN the We
ry sentence giving the power TO Con-
gress, that power is limited; and it is
reasonable to suppose that no limitation
was intended further than is expressed.
This rebuts the opinion of Yockana that
Congress could only interfere upon the
contingency that the State Legislatures
failed to perform the duties assigned
them; besides the power given TO Con-
gress TO act in the premises 'sat any
time" and to "altern such regulations,
that is, tho very regulations which The
States in the previous part of the same
sentence were commanded TO make, sets
the question ut rest. The section of the
| Constitution before us expressly retains
for the States the power TO make certain
regulations and gives the power toCon-
gress to make or alter such regulations
at any time. It might happen iu this as
it has repeatedly happened, that state
might prescribe certain regulations by
law, which might be cnsircly inconsis,-