The Arkansas banner., 1844-04-03

House : To arrive at correct conclusions
 upon this inquiry, It became necessary to
 examine the constitution itself The second
 section of the first article of that instrument
 provides:
 "That the House of Representatives shall
 be composed of members chosen every sec
 ond year by the people of the several States;
 and the electors in each State shall have the
 qualifications requisite for electors fthe most
 numerous branch of the State legislatures
 Here the fundamental and vital right of
 electlng members to the House was vested in
 the people of the several States; not only so-
 here, too, was imposed upon Hcm the ndis-
 pensable duty to make such election With
 out the exercise of this right, and the per
 formancc of this duty, the general govern-
 ment could never have had existence, nor
 could it now exist beyond the term of d sin
 gle election.
 It had been said (and he believed it was
 first said by the honorable gentleman from
 South Carolina, Mir CAMPBELL, ill speech,
 which had often been referred to on this floor
 that the only power given to State legislatures
 to regulate the times, places, and manner of
 holding elections, was conferred by the fourth
 section of the first article of the constitution
 But was that sol The important grant made
 in the second section, of the rigH to elect,
 coupled with the duty of making the election, carried with 1t all the incidental powers ne- eessary to its full exercise and cnjoyment-I | Did not the second section, then, give to the 3 people of the several States all the power to r regulate, through their respective legislatures,
 the times, places, and manner of holding the - elections, without any aid from the fourth section? He was satisfied that every gentle | man upon ths floor, upon reileetion, would } sustain him in his position, that il did. Such l a construction arose from one of the plalncst 5 principles of law. It may be asked, then, 3 what necessity was there for the fourth sec
 tiolf, which provides that < the times, places, l and manner of holding elections for senators and representatives, shall be prescribed in ! each State by the legislature thereof; but the Congress may. at any time, by law, mako or ) alter such regulations, except as to the places 5 of choosing senators.o
 l Why, (sad Mr. N.,) the lianers of the con stitution were cautious and sagacous men s men who provided every means which human foresight could have devised, that the pro- f posed government should not fail to be put 1 in operation, and, when once set in operation, s that it should be perpeiuaie,i. Though the implied power in the several States to make the necessary regulations for holding the eec- tions was plenary and complete under the g second section, yet 1t was deemed important, = lest the State legislatures, from inadver,ancc : or other cause, should fail to exercise the { power-and especially in the first instance, when they exercise il, or the government fail t to go into operation,-that this duty should e be enjoined upon them in a direct and man d datory manner; not only so, but il was deemed . important that provision should be made, il If the State legislatures, after the government t should have been organized, should fail to s exercise this power, or should exercise Ii in : an improper manner, that it should be exer- l. cised ultimately, and in d supervisory manner, e by the general government. Yes, {said AIr. c N.,) it was possible that this government 0 might be brought to a stand, or the rights of h the people under the second section violated i;
 therefore this additional safeguard. If the r State legislatures refused to exercise their 2 power; if they should be refractory, if they : should be unable to make the necessary reg e ulations; or if they should perver the use of = this power so as to violate or abridge the rights l. of the people, then Congress had the right to q interfere, and remedy the evil. Thus the /, existence of the general government would h be rendered more safe, and the people pro- ,t tected in their rights The State legislatures
 and Congress were made the constitutional ,- agents in this matter. For what purpose ?- ;, Surely not to abridge or take away the iret je exercise Of any right, or to irustrate the per h formance of any duty pertaining to the people J. of the several States Tn clcctlng members te ,s this House. No; but, on the contrary, to $ furnish the necessary and proper regulation. ]. by which the people of the States could, a ?, aH times, fully and freely exercise that right q and discharge that important and vital duty :, Upon the ratification of the constitution. Il the injunction in the fourth section to pre- 't scribe the times, places, and manner of hold c ing elections for members to this House, be- r. came imperative and binding upon the legis- d latures of the States adopting it; which i'll. e junction they were not at liberty to disobcy n Regulations for holding these elections were $ indispensable, growing out of the peculiar
 organization of this government. They per. ,- tained to the people of the several States in- . cluded within the Union, as matter of the e most sacred, the most vital constitutional e right, of which they could not be deprived - When such regulations had once been pro- If vided, the right to their use and enjoyment
 became so far vested and mdeleasble in the c people of the States, that they could not be e taken from them under the pretext of pre- s scribing the times, places, or n,anner of hold Il ing elections without the substitution of other e regulations by which the people could make Y the elections. It seemed to him (said MT. N ,. e that no person at all acquainted with the the + ory of this government would contend, for . ,f single moment, that the powers conferred $ under the fourth section, primarily upon the = State legislatures, and ultimately upon Con- 1T gross, could be legitimately exercised in such O q manner as to defeat the end proposed-to > deprive the people of the several States ei the o4 right of clecting members 10 this House. n Such an exercise of power would be mani