Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-02-22


4 Much is constantly said about rights soreriga
righis |, might be well, oecasionaly,to rceoloc
tha, every right implies eotrelalive dafg; and
all who claim their righs should prciorm lhcii
dpties The rights Of The people OF the Sn,cs &c
elect Representatives TO congress, and the duit:
Ito BE- regarded in the making such elections, mus
be Ill determined by the Constitution.
The Representatives having been npporiioned
among the States by Congress ngrecably to the
Consolation, we come now TO look for the mode
of their election. The provision of,he Constitution
on ihs subject as follows "The times, places, aud
manner of holding elections for Senators and Re
rrcsen,n,ivos shall be prescribed in each State by
the Legislature thereof bu, the Congress may at
any time by law make or alter such regulations,
except ms to the places of choosing Senators -
Something has been said in relation 10 the terms
shall and may in this provision Of the Constitution,
ms if shall was used 10 confer more power on the
State Legislature than may conferred on Congress.
| If the occasion on which this was drawn is con-
sidered it will fully explain the use of these
terms he Convention was forming the Con
stitution j, was providing for the creation of
Congress Of new model. The Convention could
not in the Constitution, provide all the particulars
for first election, and there was no Congress TO
do it until one was chosen The only one posi-
UlC WdS uilttt Dtutto h'st w
make the regulations, so that a Congress could be
elected, and then to subject these regulations to the
direction and supervision OF Congress for all after
time, by the grant OF the subsequent power to them.
To test this matter, and ascertain whether such
was the use of those terms, let US transpose these
words and then the sentence would haverun thus:
The time, place, and manner of holding elections,
maybe prescribed in each State by the Legislature
thereof but Congress shall at any time, by law,
make or alter such regulations Is i not apparent
that such scntance would be utterly inconsistent
with what must have been desired 1t would have
made it the duty Of nobody to provide for the first
election and made it imperative on Congress to
alter or make regulations even if the States had
made such as were entirely satisfactory.
1t has been suggested that several States-that
is seven-proposed that the constitution should be
so altered that congress should only exercise this
power when state entirely neglected to make the
provisions. II istrue such amendments were pro-
posed and were not adopted, and that two things
first, that it was distinctly understood that The
Constitution gave the power to Congress to inter-
fere with the mode of elections even where the
States had made regulations on the subject and,
second, that it was thought advisable TO retain
that power in Congress and therefore, the pro-
posed amendments were rejected
What, then, is the power of Congress over this
matter? answer, it is precisely the same act as
that of the States. The power 10 prescribe the
regulations by the one, and the power to maze
and alter such regulations by the other, have the |
same latitude and the same limitation but by the
very term OF the proposition, the power of con.
grcss is ultimate and paramount. This clause of
he constitution must receive parlica construct.
on, and not be rendered preposterous and unmea.
ning by refinement and distinctions incapable of
parcal application. The substance of The pro.
vision IS, that the states shall regulate the mode of
me election, subject to tie supervision and control
Of congress AS tar as congress thinks proper to
make regulations. It's authority is paramount and
binding on all, and the States are bound to com.
pete the regulations, consistently with those made
by congress. The times, places and m zunens. of
holding elections, are but the clement---the in
gradients in the composition of regulations-
They, together mean the mode of elections and
are intended to mean the whole, including all l.
hlngs that make it, 1t is impossible, practically,
o sepperate these elementsand regulate one, with
,nt in some measure directingas to the other
They are like the torm color, and material of
hing-neither can exist alone.
Ii is now fully concluded, both by the sneakers
md the report of the committee, that congress
possesses the power to make the regulations as to
ne mode OF the election in all particulars, provi.
ed mat such regulations are so entire as to require
10 action by the State Legislature The majority
eporls either as TO time place, or manner, but its
equations must be perfect and complete on the
ubect. II is difficult to see how this concession
nd these distinctions can be made, consistently !
With the principle on which the report is under !
TODD to go-that is, that Congress can do nothing
which requires legislation by the State, or which
ives direction to such legislation But how can =
ongress settle the time Of election, without reoui.
ing all the States Legislature, to make laws to :
rect the elections. and regulate the duties of the
ihcers who attend them 10 conduct accordingly
'rsnppose that congress should regulate the place
r places of election-say 10 be at each courthouse
'wn-house and parish church-would not ali :
ne laws OF States require to be altered according !,
It's utterly impracticable to make any such :
iSnction, and preserve the principle
All this is, however, Of little i'm Importance. The !;
reat point still remains and it is this: 1t is in. ,
lsted that Congress can never, constitutionalIv !
Pg'slae on any subject in such manner as 10 re- ,
action by State Legislature; that all acts
i Congress must operate on the people proprin !
igore by their own force, and not through State =
egslalIoni and therefore it can never be The du.
OF State Legislature to regard or perfect anv !,
uch measure. This is laid down as princinIe :
our Government, founded on a reason that State !
legislatures are not the subjects or agents of Con.
II tc oI 81,