Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1844-03-01

Constitution gave the power to Congress to
interfere with the mode of elections even
where the States had made regulations on
the subject and, second, that it was tho't
advisable to retain that power in Congress
and therefore, the proposed amendments
we're rejected.
What, then, is the power Of Congress
over this matter? answer, il is precisely
the same act as that of the States. The
power to prescribe the regulations by the
one, and the power to make and alter such
regulations by the other, have the same lat
itude and the same limitation but by the
very term of the proposition, the power Of
Congress is ultimate and paramount This
clause Of the Constitution mus; receive a
practical construction, and not be rendered
lpreposterous and unmeaning by refinement
and distinctions incapable of practical appli-
cation. The substance of the provision is,
that the States shall regulate the mode OF
the election, subject TO the supervision and
control of Congress As far as Congress
thinks proper to make regulations, IFS au-
thority is paramount and binding on all, and
the States are bound to complete the regu-
lations, consistently with those made by
Congress. The times, places, and manners
of holding elections are but the clements
the ingredients in the composition of regu-
tdtionS. They, together, mean the mode of
elections, and are intended TO mean the
whole, including all things that make it. 1t
is impossible, practically, to separate these
elements, and regulate one, without in some
measure directing as to the other They
are like the form, color, and material of a
thing-neither can exist alone.
1t is now very fully conceded, both by
the Speakers and the report Of the commit
tee, that Congress possesses the power to
make the regulations as to the mode of the
election in all particulars, provided that such
regulations are so entire as to require no ac-
ton by the State Legislature The MAORI
ty reports either as to time, place, or manner,
but its regulations must be perfect and COM
plete on the subject. 1t is difficult to see
how this concession and these distinctions
can be made, consistently with the prInci-
pie on which the report is understood to 90
that is, that Congress can do nothing
which requires legislation by the State, or
which gives direction TO such legislation
But how can Congress settle the time of
election, without requiring all the State
Legislatures, to make laws to direct the
elections, and regulate the duties Of the Off
GERS who attend to conduct them accordiRg-
H? Or, suppose that Congress should reg
ulate the place or places of election--say to
be at each courthouse, town-house, and
parish church--would not all the laws of
States require to be altered accordingly o.
1t is utterly impracticable to make any such
distinction, and preserve the principle.
Ali this is, however, of little importance.
The great point still remains, and it is this |
1t is insisted that Congress can never, con-
stitutionally. legislate on any subject in such
legislature tina, all acts of Congress must
oi'e'are OIL The people propric uigore, by
their own force, and not through State leg
lsatlon; and therefore it can never be the |
duty Of State Legislature to regard or per-
feet any such measure. This is laid down
as principle in our Government, founded
On the reason that State Legislatures are
not the subjects or agents Of Congress, and
i is insisted that such has been the uniform
practice in our Government This brings
he question to very narrow point, and, in
considering it, | will state some general
which, if sustained, will settle it.
When power exists in the General Gov
and the same exists in the State
Government, each may exercise the same,
or its own purposes. For instance: Con-
yress may raise a direct tax and so may a
State but, in such case, each must be for
is own use, and each must act Independent
If the other. If power is granted to
Congress, that does not deprive the State of
he exercise of that power, unless forbidden
~ the Constitution; and the exercise oil
he power of Congress only suspcnds the
'ower of the State to do any act inconsis-
ent with what Congress has DONE (Stur-
us Us. Crowninsheld, A Wheaton, 122.
Such is the case of bankrupt laws, put in
he majority report. (I2 Wheaton, 2l3)
There is another entire class Of cases in
he Constitution. | speak Of that class
where there is granted apower to the States
Ito be exercised under direction, supervis-
on or control of Congress. There are sew
raj such grants of power in the Constitu-
ion, in various forms of expression 1t has
cen correctly decided by the Supreme
;ourt that State cannot obtain Legislative |
over from Congress.-(Wheaton 207. y I
tut in relation to this class of cases, the I
tate derives its power from the Constitu- 4
on; but the authority of Congress is para :
lount, and, so far as it goes is imperative 5
nd, in the exercise Of this power, Congress i
as often and early, both implicitly and d. 7
ectly and explicitly, required legislative ac- !
on by the State Legislatures, aud without >
hitch the action of Congress would have {
cen incomplete and imperative in its pur-
ose. !
All power exercised by State Legisla- 4
ire, for the State, as a sovereign State, is q
L. = 4 & - e.. IL. :