The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1844-01-05
From the Richmond Enquirer.
JOHN NICHOLAs-[No. wi

To the People Of Virginia especially, and 10 the
People Of the United States generally
Fellow-citizens Before entering upon exam
nstion of the danger apPrehended BY the seer It will
be necessary to refer 10 most important duty de-
volved on the State Legislatures by the new Const-
tuition. BY article 2, section /, clause 2 II IS de-
cared that The Legislature of the State may direct
the in which electors Of President and wee
President of the United States shall be appointed.
In No. 60 of the Federalist the Constitution mad
been indicated, while before the people for ratica-
ton or rejection upon the ground, that The people
to choose the electors.
It was desirable to secure TO the people tins great
right by enabling them 80 choose electors aet"s IN
der circumstances favorable 10 de"oera'o ana 20 y"
diciou combination Of all the reasons ana Inducements
that ,osre proper to gopsr THEN choice" Federala,
No. 65.)
To attain an end 80 important, 1888, the Legisla
ture of Virginia passed the first act Tor the appoint
ment of electors TO choose President, pursuant to
the Constitution OF Government FOR the Uaited
Statesn
This grand organic law passed on the 18th Novem-
Der, 1888 BY the first section, it is enacted, "for
the purpose OF choosing twelve electors, on behalf OF
THIS STATE, to vote for President; in CoNFoR
NIFTY TO THE CONSTITUTION Of Government FOR the
U. g., the several counties shall be allotted into
twelve DISTRICTS in the manner following: The
counties of Amelia, &c., &c., shall compose one dis
trict the counties Of Henrico, &c., &c., another dis
trict," &c., &C., making twelve distinct and separate
districts.
The I'd section declares, that the persons qualified
by law, to vote for members of the General Assem-
bly,, in each county composing DISTRICT shall assemble
and pote for some discreet PERSON, resident In such
district, as an eector FOR such district to vote for
President in conformity TO The said Constitution
The Sd section provides, that each person qualified
to vote, shall fairly and publicly POLL and the name Of
the voter shall be duly entered under the name OF the
person voted for, in proper poll books.
Sec enacts, that each vutcr failing to attend, and
49, ole chal1 hn cihi tn
penalty and Forfeiture for failing TO attend and vote,
AS prescribed by law in the election Of members 10
the General Assembly; and it further directs, that
The Sheriff Of each county composing District,
shall assemble, and having compared the polls shall
ascertain the persons having the greatest number oil
votes and shall certify that, at said election, the
roters qualified 10 rote for elecor to choose Iresi
dent Of the United States, caused to be chosen one
person. to wit, c. H. to represent the said district as an
Elector to rote for President Of the United States
The
5th section declares, that each Etecor failing to at
tend and pote for President shall forfeit and pay two
hundred pounds.
OF this Electoral Law, it may, with candor, be re-
marked, that il is a cotemporaneous exposition OIL the
new Constitution made by Legislature, in which
several members of the Federal Convention
which framed it, and many Of the members OF the
Convention which adopted this Constitution for the
United States in Virginiathat this State contained
Jefferson, Madison, Monroe ,Wythe, Randolph, Gray
IT,
been members of the Federal Convention, which rose
on the 18th September, l767-and this law was pass
ed in about year thereafterhat during this inter-
val Of thirteen months, the Convention + Virginia
had met, discussed, and adopted " this Constitution
for the United States-that IN this Convention when
the mode Of appointing the President under dis
cussion, the Constitution invariably indicated,
upon the ground that the electors to be chosen
by the people and it is plain, that this grand organ
iC law could not have passed at that day, without
having received the appreciation of many Of these
worthless well versed in the genuine principles, upon
which the grand experiment of a new Constitution
was to rest.
Again. After the first census, it became necessary
Cor the State of Virginia to remodel her electoral law
This was done on the 10th Of October l772. This
act, by
Sec. L. Allos the counties Of Virginia into 81 sep
arate and distinct districts
Sec. 9. Requires the persons qualified to vote for
members of the General Assembly to assemble at
their respective COurt-hOuses in each county, COM
posing district and there vote for an elector for
such district, to vote for President and Vice Pres
dent
Sec. 3. Provides that each person qualified to vote
shall fairly and publicly poll, and the name Of the
voter shall be duly entered under the name OF the
person voted for, in proper books.
Sec. 4. Enforces penalty on every voter failing
10 attend and vote for elec.or, and in other re-
spccts is the Sec. of The law Of lISS-and
too Of all the other provisions.
An independent elcctOr IS CHOSEN by Inc people OIL
n district, to represent that district and right TO
fill pocancies is asserted The elector is required by
the Constitution Of the United States to VOTE
BALLOT not RIGA roce not by aye or nay not 10 have
their names inser ed in poll book under The name
of the person voted for President of the United
States. These electors shall make list of ell the
persons voted for, and of the number Of votes for
each but not list of the names of the electors who
vote, or OF The electors appointed this list the cleo
tors shall sign and certify, and transmit sealed TO the
seat Of the Government directed TO the President of
the Senate This list shall not be signed by the Gov
ernor, or Central Committee and shall not contain
list Of the number Of electors appointed.
The whole process, the Oh ice of the electors by
the people in districts, the Of voting by ballot,
all evidently show that the Constitution the Conven-
ton when adopting it, and the Legislature when
framing their organic law, considered the Electoral
College independent body and bound TO vote, so
as that ere,g practicable obstacle should be opposed 10
elbai, intrigue and corruption" (Federalis No Co.
According TO these laws, the people of small dis.
trct, composed of few counties, are thus enabled
to form proper acquaintance with man of cha
racter and sense in whom they would be safe in con-
fdng this sacred trust of acting as independent,
honest elector, who respecting his oath TO support
the Constitution, will vote by ballot, independently
of all restraint, and not viva voce, nor by aye and
nay, nor by having bis name recorded in poll book
or list
Such the understanding of this enlightened So
cety, respecting the rights Of the people, and the duty
of electors right to ill vacancy was asserted
for the Constitution Of the United States expressly
recognises the fact that there may be vacancies in
the Electoral College, and does not provide for such
vacancy for it most carefully and expressly draw
distinction between the number Of roie giren by cleo
tors and the rhole number Of cl clio $ appoint d.
Your fellow citizen,
JOHN NICHOLAS.
From the Philadelphia .lmericon Sentinel
GOVERNORS MESSAGE