Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1844-03-08

/ Tho Iaoggace of the Constitution is 50 clear
ard nnrqptvoca'. that IT would seem that the
power Of Congress 10 make such rfgniations
conld hardly be the subject Of doubt Sot"ih-
s,andlnc however, the absence OF any ambiguity
-; N. LANGUAGE used in this clause, there seems
IN he a great variety of opinions among those
who deny the validity of the act of Congress. as
m tho true constitutional provision referred to-
The gcn,lemln from South Carolina who address.
cd the House on Yesterday Mr.. Wo DwARp) has
~oo,ended with much re al, that the power given
10 Congress TO regulate 1.-The time, places, and
manner Of holding elections" ~ mere contln-
GENT power which only be exercised when
the Stale legislatures neglect or refuse to make
such req lla,ions; anI that the States not having
failed 70 make regulations tor the election Of their
REPRESENTATIVES. Congress- had 10 right 20 inter
Cere IN the matter. and that therefore the act is
Unconstitutional and VOID. The gentleman from
Tennessee who last adJrt ssed The House tMr.
Jones} has contcnded tha, the only constitution
al mode Of g ecitng Representatives to Congress
i Nv general ticket aud that hence the re.
curing The election % be by districts Is unconsi
tu,ionai If positions 50 extraordinary. and Il
hope may say without olfence) 80 extremely
absurd can be cravoly contendrd for by members
On this floor, il need not excite surprise II the
House shall conccde TO the members whose seats
are contested the right to participate in our deib
cratons.
The majority Of tho Committee On Elections,
who have reported in favor Of Inc right Of these
members to scats, deny he validity Of the act
Of Congress upon dlGercn, ground. and assume
n POSITION which, if 10, sounder than the others,
il al least more plausible. They concede that
Congress has power under the Constitution TO
regulate the "ime, place and manner" Of cleo
ton; but they contend that If an attempt is
made to exercise this power, 1t must be done IN
so full and perfect n mann"r that the elections
may ho competed under the nc, of Congress,
wi,hon, any aid from State Legislation. That
Congress cannot exercise tho power by merely
rcuuIrinr tho Representatives 10 be elected by
districts hn, ,he mist district tho States, and
make all the necessary regulations for the cleo
tons of members. without any aid from she State
laws; anB that tho act Of Congress recurring the
States to elect BY districts is therefore nudity
and the States nre At liberty to disregard it
Thev contend that the second section Of tho ap
portion mcnt act il . m ndimus 10 the States
commanding them to district, and that Congress
has no power direct and control ihoir legsll-
ten, The Gcntiera1n from New York who adj
dressed The House this morning (Nr Belrds'ev)
has presented the same view Of the question, md
has certainly manifested much ingenuity in sus.
tanning a bad cause.
We NAV be greatly aided in our attempts 10
arrive a, correct conclusions in regard 10 the
tent Of the power conferred upon Congress by
the section of The Constitution referred to by
looking al tho deliberations Of those who framed
that instrument, as we'll as TO the nteEporane-
Gus exposi,ions Of ii by the statesmen Of that
day. This clause IN tho Constitution gave rise
TO much debate in the convention and strong
~ resisted by many distinguished members of
that BODY. Il was advocated by Mr.. Madison
with great ability. He says:
This view Of the question seems 70 decide
that The Legislatures Of the Statea ought not 10
have the uncontrolled right Of regulating the
Zines places. and manner Of elections Those
10 II NIL,
IL foresee all the abuse that nigh, be made of the
d lscretionary power. Whether the elections
should be by bali), or rirl Docf; whether tho
electors should assemble al this place or that
place, should he divided into districts, Or all meet
nj one place should all vote for all the Repre-
sentasIyes or 81! IN a district vote for member
allotted to TINT districi-these and many other
poiats would depend upon the Legislature. and
m ght materially affect the appointments" "it
seemed 10 be rs improper IN principle, though 1t
mie oh; be less inconvenen, IN practice, 10 give
TO the State legislatures this great authority
over The elections Of The people in the General
Legislature as i, ond be to give 10 the latter
like power over the elections Of their Rcpresen
tatiyes IN the State LegisIaturos.'
In tho convention Of Virginia, convened by
the LEGISLATURE of that State to consider The pro
prety of ratifyng the Federal Constitution, Mr..
Madison, in speaking Of this clause, used this
lancaage: "It was found Impossible 10 fix the
time, place and manner Of the election OF Rep
resentaiives in the Constitution. Il WIS found
necessary to 1eave the regulation Of these IN the
fir ST place to the State Governments as best ac-
uu,in,cd with hc situation Of the people. subject
to the control Of the & sneral Government, ~ or
der II enable Il to produce uniformity. and pre-
vent It's own dissolution. And considering the
State Governments and General Government as
distinct bodies. acting in difreren, and ndepen.
dent capacities for the people, II was though, the
particular regulations should be submitted to the
former and the general regulations 10 the bitter"
This explicit language. used by that profound
and emil uhteued Statesman, shows conciuSively
tina, in his opinion the power exercised BY the
last Congress under the apporlonment act was
conferred bv the clause Of tho Constitution 10
which have referred. In tho discussions which
took place in tho several States previous 20 the
adoption of the Constitution. no one OF its pro-