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

and il ought TO be guarded against As TO the
place. suppose Congress should order the election
TO be held IN the most inconyenieni place in the
most inconvenient district; could every person
entitled TO vote attend al such place? Suppose
they should order 1t TO be laid off mo many
districts, and order the election TO be held IN each
district: yet may not their power over the man
ner of election enable them 10 exclude from 30
ting every description Of men thew p!eess?"
In the came debate, Goyernc, johnston, who
adv oca ted this clause, said: II not aPprehen
sive that this article will be attended with the
fatal consequences which the gentleman con-
ceives. conceive Congress can have no other
power than the States had. The Sfaies, with
regard TO elections, must be governed by the
articles Of the Cons tituton 50 must Congress :
Mr. Davie al $50 advocated this clause. follows:
5"When the councils Of America have tins power
ever elections, they can. IN spite OF any tichon
in any particular State, give the people a repre-
sentailon- Uniformity IN matters OF election, Is
also iof the greatest consequence. Ihey ought
all TO be l1dged by the same principles. and not
be d.ifcren, in one State from What they IN
another. AT present. tho manner Of eiecting Is
different in different States. Some elect by bal
! lot, and others viva voce. 1t will be more con
venient TO have the manner uniform IN all The
States"
Mr. Maclaine, in the same convention in con
s.ructing this clause, said: Lawyers will often
differ on a point Of law, but people will seldom
differ about very plain hing as this. Inc
clause enables Congress to alter such regulations
the States shall have made with respect to
elections What would infer from thiS!--
WHAT'S it 10 alter7 1t is TO alter the time, place,
and manner, established by the legislatures, II
they do answer the purpose"
n the convention Of Massachusetts, Mr.. Far
sons said: They (the State Legisaure) might
make an unequal and partial DIVISION OF mo
States into districts for the election OF Represen,
tatives Or they nigh, even dsqualilv onc>'hlrd
,o oln 18th Con.
grcse. the people can have 20 rmedy; but me
fourth section provides remedy controlling
power 10 a Legislature composed OF Senators and
representatives of twoIve States, without The
influence OF CONNEXIONS AMI factions, VINO
will hear impar,ially, and preserve and restore
he people their equal and sacred rights OF G.
lection"
Mr. Smith. in onnnsing This aiane7, IN the y.
York convention. said: all 10 sad tt II iett 10
the discretion of the States. If this were true.
it wonid DO Nil We contend for. Bu', sir, Cons
cress can alter, as they please, any mode ndap
ted bv the States What discretion Is hero here =
Mr. II .m.iton, in his shle exposition o! the Con-.
s.itufion. IN tho fcderaist, says: .ihey have
submitted the regulations Of election OF the FED
erai Government. in The fret instance, to The To-
cal admins ,ra,ions, width IN ordinary cases and
when IA improper views prevail, may be both
more convenient and moro satisfactory. But
they have reserved to the national authority
right TO interpose, whenever extraordinary cir.
cutnstanccs ght render that iniefpositton nee,
cssary 10 its safety
Quotations, almost without number, might be
added. to show that tho universal construction
given 10 this clause Of the Constitution, by the
statesmen Of the several States, n the TIME OF
lis adoption, was identical with that given 10 !!
by those who con,cnd for the constiiuionalty OF
The superintendent act Of last Cangress. In the
whole course of tho debate, notwiihs anding The
abored Efforts which have been mado TO prove
tina, this power is not conferred upon Congress
bv the Constitution, not "A single authority has
been produced to show that any iniiv iduai of that
dav denied tho construction tor which we con.
tend Nor can such authority be produced.
The fact that seven of the thirteen States, which
originally ior'f ed the con'edoracy, recommended
such an nmendnent of tho Constitution would
preclude Congress from the exercise OF the power
10 control alier the regulations OF The State
Legislatures. in regard to "the time, place and
manner Of holding the elections, IS clear and
uneqnivocal recognition OF the existence OF the
power under the Constitutions; and such an a
men1men. not having been made, tho power stil
exists in Congress. in full force. and wholly un-
impaired The fears entertained by the states
men of that day, OF an improper eXecise oil me
power BY Congress, have no, been realized, 1t
was one Of the erroneous apprchenstons OF the
times growing ou, of a Jealousy Of the Federal
Government, on the part of the States, which
time has wholly dissipa ted.
Tha exis,encs Of the constitutional power in
Congress TO make regulations IN regard ID the
thine. place and manner' Q! holding elections
or to alter such regulations as are made BY me
States being, think, clearly established,
will notice The objection, that the pc. er has been
mperfect!y exercised, and that therefore the ackl
Of Congress nulli,y AThoeSUho seek 70 a.
void the az, of congress upon In ground sx,cpn-I
tend tina, Congress-, If II atteeepest0 make 2u~I
latons in regard 10 the time pieqe of maunNMz
holding elections, or 70 alter tnereguiasionssxSs
IN thia must C4ReYs out I1{
system bv lis own legislation. That itscsu66eI
comma nd the Legislatures TO district the Siaiess
bu, mus, itself lay off the dlsricts-'has thof
system adopted BY Congress mus, be full and en-
tire, go that, under i,s operation. the Represen>
,asives may be elected without The aid OF State