The Camden weekly journal. [volume] (Camden, South-Carolina) 1853-1861, 1854-09-26

is conveyed in the following words: Each
State shall appoint, in such manner as the .Eett
gislature thereofmay direct, a.nupber of Eiec
tors equal to the whole number Of Senators and
Representative to which the State may be en-.
titled in the Congress-" &c. Iothel State then
is given the power to appoint. wbile'the power
ofd;rocting@the manner only of makingsthe ap
pointment is given to the Legislature-hence,
by many it is argued that the members ofTthe
Legislature cannot constitutionally become the
agents through hwhch the appointments is made.
Such a conclusion is not logically attainable;
for it WILDE observed that the Constitutions AZ
the paragraph cited, does.in no mannersrestrieAt
the States to the employment ofany particular
agency whatever; but leaves them perfectly
free to the use of such as may seem fit to each
respectively. Can single good reason De ad,
svanced to show why the State may notsusethe
agency of the Legislature, as well as any other
in exercising this power? Il believe not
It is true that the Legislature is not the State,
but one only of the co ordinate departments Of
the State government; but none will, deny that
all Acts of the Legislature, not in violation OF
the Constitution, are the Acts Of the State.
The appointment of the Electors therefore by
the Legislature, is an appoint by the State
and must and viii be so held by all parties and
powers dealing with the State in reference to
the subject - p -. : ..,'
! In this case howeyer.it may be said thatthe
State has never conferred the agency upon the
Legislature, which the latter has usurped. l
do not think it can be fairly SO held, for the
Legislature can exercise no. power and do no.
act in reference to this subject which amounts
to an usurpation unless the same be unconst.
tutional; andawho can, show where the Elec-
torals Law violates the Constitution OF this
States Besides, the practice, as well as the
theory of our State government illustrates the
idea of Representative Republic. Aad what
ever is done.by the representative body is done
only by.yirtue of the power and authority Of
the constituent body, and carries with it the
sanction of the latter. Itis the will Of the con:
stituency lawfully expressed, which, it is true,
they may, alter at their pleasure in the proper
way. But until tits so altered, it is theirs, and
must so be held-oterwise there is an end to
the idea, as weltas the reality of Representa-.
tive Government. IS
: That this is the construction intended by the
trainers of:tbe Constitution will plainly appear
from the debates in the Convention. Every
proposition for specific mode of appointment
by the people, by the Legislature, &c.-was,
upon consideration, rejected; and it was de-:
signedly left open, as it is so that each State
might appoint according to its will. SO, the
.contemporaneous construction derived from
the action Of the s,tates, Immediately upon the
adoption of the Constitution, confirms this
5view-as at the first election for President and
Vice President, when General Washington was
unanimously elected Presidential the States
appointing the Electors by their Legislatures
respectively. ~
But, although the Legislature may constitu.
tionally exercise the power in question, still
the people of the State have the right to say
whether it shall continue to do so or not. call
power is originally vested in the people; and
free governments are founded on their authori-
ty, aud are instituted for their peace, safety
and happiness" The constitution and the 60
vernment are theirs, and they can alter or
abolish them, or any parts of either. The ques-
ton before you therefore, does not involve q
political right. That is conceded on all sides;
but is. one:of expedieLcy alone. We are to
advise and consult together, and determine
which Of the modes proposed will best advance
the interests ard preserve the integrity and in
dependence Of the State, as well as your own
particular District. LIE US proceed then, to
the question of expediency.
If we retain the present mode of appointing
Electors, it will become~necessary for US to
make some alteration in the fundamental law;
one however, which is very slight in its charac-
ter, of time only, and in no way affecting the
principles Of the constitution. Anterior to the
year ls45, the time fixed by Congress for the
appointment fell within the period prescribed
for the meeting of our Legislature. So that
there was no difficulty in the way of. acting
through that agency. During the year ls45,
the Congress, altered the time, and fixed it for
day that comes two weeks earlier, and be.
fore the meeting of the Legislature This cre-
ated-a difficulty, which still exists. 1t has
heretofore been met by the Governor resorting
to the power vested in him by the constitution
to convene the General Assembly " on extraor-
dinary occasions" This was very well at first,
but L do not think that he can, constitutional
y, continue to do so;. for an event which is to
happen regularly every fourth year, and is an
ticipated from one election to another, can in
no just sense, be considered as presenting an
extraordinary OCCASION Some arrangement,
therefore, must be made, and perhaps there is
none better than to provide for the assembling
of the Legislature two weeks earlier in every
fourth year. The issue then would seem to
be fairly, thus: Shall the State, making some
such arrangement as s-above indicated, pre-
serveein otherrespects, the electoral law as it
stands at present, or change somewhat the
principle, and entirely the ancient practice 81
the sdte, by the adoption of new modea' I