Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1844-02-23
sNl,Ss,.llI.ln lpsII!RLA 9ssS
DEBATES IN CONGRESS.
DisTRiCTING LAW.
House., Fob. 7.

sdIpf Tue va els (Which, no SAIL, wss n distinct anC
separate proposition from that of the election of tn,
Representatives of the S,a,cs) Mr. ID. proceeded ,e
remark that the 4ih section of the Constitution de
VOWED upon the States the right and duty of being
represented, BY clothing the State Legislatures with
the power Of prescribing the time and place, and
m.nnor in which these elections should be made. Its
Iangnage wa, the States 'sha' do this. The same
section (bclu2 that under which this whole difficulty
had atsen) provided that Congress itself might make
or alter these regulations to the time, place, and
tnanner-wih the exception, however, as TO the pla-
ees OF choosing Senators.
ltmght have been supposed that when this n,per-
alive command had been given to the States to do
this duty nothing more would have been necessary ;
bit il seemed that the trainers Of The Constitution
entertained the opinion that some Of the States, ell
iher from negligence or contumacy, some other
motive might fail to have themselves represented in
Congress; that II one State did so, another might
and that consequently there might be failure Of the
Government established fer the Union.
flc did not suppose that the trainers of the Cons,
tuition contemplated that Congress would ever exer
else the power of prescribing the time place. or man
ner OF holding the elections il the States themselves
acted. He supposed il to have been high and deli
cato power, which they reserved 10 be used only IN
case OF necessly-that necessity TO be demonstrated
oliy when 1t apparent that the STATES them
ssves, hon some cause or other, failed to carry out
Their powers 50 as TO he represented here
II might be said by gentlemen on the ot!'tr SIDE.
Tint, no matter what the motive was ~ TIE part of
the trainers Of the Constitution for reserv;r,, ,h;s
u.
state had do"e what Congress had done in the present
ease or suppose that it had done nore-that i, had
prescribed the time and place OF holding Congress
eionai election Suppose thut, by its laws, it had
done both ihes1 things and that, by its laws, had
also prescribed that the State should be divided in
four Congressional districts, thai each district should
be entitled 10 one Representative and there storped
without making the district or DIES grating ls limits
thus leaving the whole matter in nextrcabe confu-
son. In such state Of things common sense i, self
would dictate thar, under the power given hy the
Constitution, Congress might step in and exercise the
power IN us hanis Tor the purpose of making perfect
law. Ii this was a sound position, Mr.. d. as led
whether lis converse would not be also true in case
Congress, Undertaking to lcgisate, should pass law
% lame that there could he representation Of the
states IN Congress; and whether ii would not be
w'hin the power Of the States themselves, under
such circumstances to pass perfect laws to time,
place, and manner? Tho power, he commended, was
On entire power; II never had been contemplated
th'i It should be exercised by Congress and by the
legislatures of the St,cs in sort of partnership
reatlon-lhn, one should contribute its mite and the
ether its mite.
And why did he come to this conclusion When
the dranght of the Constitution, as it came from the
Convention which framed it, presented for adop.
ton to the States, this particular feature of it was
every where productive Of great heart burnings So
strong was the objection to it in Virginia that it took
oil the powers, all tho GOODNESS aud all the personal
influence OF Mr.. Mld on 10 reconcile the Obj .cions
in any degree to this article; and the ground he took
was thatlt was power which never would be abused
by Congress Mr.. Monroe inquired the reasons
which could have induced him TO give his assent
TO stch provision and his answer was that ii was
impossible the Constitution should have prescribed
the time, place, aud manner Of holding Congression-
al elections in all the States; and that, should the
States neglect to do II, there nigh, be total failure
OF representation, and thus the Union, which they
werc endeavorlpg to form, might be totally over.
thrown. For this reason they ha ! reserved in the
hands of Congress this high power. The pure.
hearted Madison expressed the belief that Con-
txE
thu. secreh'y committed to their hands; and, as if
clotna1 with the spirit of prophecy, he uttered the
prediction that should men rise who would be
guilty OF SO 5nse deed, they would be marked by
The reptoba'lon Of their country, and Others more
worthy would he chosen 10 occupy the place they
would deservedly have forfeited. Now whether Mr. |
Ma !ison had been inspired by the spirit of the proph
us or not he was adnonishcd by the unprecedented
number Of new faces he now saw around him that
The people, on some account or other, had coms 10
he conclusion that their interests would be promo
ed ny phting n2" men IN that House. Mr.. ID.
lere quoted the reply of Mr.. Madison TO the inlui
les of Colonel Monroe and added that when asked
What in his j1h ,maHt woIl be proper exercise of
he power Of regulating elections by the States Mr..
NJ alison had admitted That unless the States acted on
he subject IN su n a manner as went practically to
dissolve the Union, by frustrating the exercise of the
great right and duty of representation, Congress
would have nothing 10 do with the matter. In Massa-
'huseIs this same objection arose. and this clause Of
he new Constitution was slrcnuous,y objected to as
highly dangerous 10 the rights and liberties of lhe
States.
The defence Of the article was placed on four dis
rnct grounds. There was ut that time, great ap-
'rehension generality prevailing Of collisions arising
between the two Houses of Congress and fears were
entertained lest the Senate should insist on such
in reference 10 elections would oper-
ae unduy 10 control the action of The people in freely
choosing their representatives. in the other BODY
Hence it argued that Congress, as a whole ,
should have control of the subject Another ground
taken was lhlt the States might neglect to make The