The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-02
THE ELECTORAL COLLEGE.
TO the Editor OF the Democrat:

10 tHH hhILuE I'll tus beutuclHAs
The suggestion. lntaly urged by the. coming
sxigances of the Republican party, that Ger :
tain Northern States. whose Lpgtslatnres con :
tain Republican maiorittes, should change the
electoral law and lodee II In the majority. SO as
to deprive the people from the eheiee OF cleo
tors. just preceding the Q ection OF President,
both reyols ts r.. an hs IS
tives, George MeDuffle. one OF the most bill
liant of Its members ussd the following an
turea Of most OF ihs states have assumed. at
Que time or ano her. nf choosing the pres idst-
tial electors themselves. feel assured that !
shall have the concurrence OF a large majority
Of those who hear me, when pronounce Il
usurpation, Yes. sir. the very first acts Of The
! ate Legislatures In relation to the election OF
President furnish the best refutatinn OF the
the Ssf'asf Mate neg lessa SSs oush s
es n 40 aaS We esbs s these Ls
ialntures can usurp power ~ we'll "a abuse It,
70 settle this question: az to the power Of Leg
islaturea, a few remarks only are necessary
The words OF The. constitution are that each
State shall appoint the electors of President"
IN snch manner, as the Legislature may pre-,
The Legislature has only the power to prescribe
The mode. That the word State means the peo-
pie Of the State is obvious, not nni from It's or.
dletinauitbed from the word Legislature. but
also from the commentary contained In tbs
FFederalist which, eonsia1erng the AUTHORITY Of
that celebrated exposition, supatsedes the pe-
eassity of any further argument on this polni.
ln number written by alr. Hamilton, rela I've
the K fsYoa Ct wa hs aa
msde The appointment Of President 10 depend
upon pre-ex!stlng bodies of men. rho p,gM
e 'a ahep Totes ,ea Tut nv have Q ps
Il. In the first instance, 10 the immediate ad Of
the PEOPLE Of Anericd, to be txeited Ia tie
PURPOSE OF making the appointment Aasum.
ing then tina The power heretofore exercised by
The state Legislatures has been without the
warrant of the constitution. | ehall proceed 10
compare the only tw1 remaining modes Of
voting that have prevailed In the different
states"
Considering how accurate and precise the
language of the constitution has ever proven to
b., on proper Investigation. the G instruction
commanded for by these two eminent authorities
ought to be conclusive. The power given 10
appoint electors is Que to be delegated to others
and was not conceived TO be properly Exercised
when REFINED by t.. the body whose dny T wsa
people of the 8 ate. Besides, the electors were
TO possess certain qualifications aud to come
public functions, aud then return IT, thA body of
The people ls snun IA their duties were per.
formed, oil of which seams uttariv inconsistent
with the idea oil the members Of the Lee islatureH
power &, themselves. II New York should at.
tempt, this usurpation. and ineueurate the
most dangerous revolutionary met bod of secur-
Ing Q. doubtful pRrty triumph, the. people Of
New York should act under the old law. cleo
their choice to cast the vote If the State aud
United States, where the true CONSTRUCTION OF
this clause will be surely vindcated. ID. 9. j.,
We fall to see the force of sd. q. LIS" argu-
ment. He quotes the constitution OF the
United States to support his proposition that
the Legislature has no right to choose the
electors directly. and then gives us the benefit
of the opinions OF two distinguished states
men, of half or three-uuarters OF century
ago, to complete the argument. but II must
be remembered that we have not before us
the utterances of those who disagreed with
Mr. MeDuifie and Mr.. Hamilton. What the
constitution says Ia that Each State shall
appoint the electors In such manner az the
Legislature thereof may prescribe" There
is nothing to limit the Legislature. IL is
simply stipulated that the Legislature shall
prescribe the manner In which the electors
shall be chosen, and we infer that any
method ordained by the Legislature will,
therefore, be legal and constitutional. It
seems to us that II the Federal constitution
leaves to the State Legislatures the discretion
In the premises without one word OF guild
anoe or limitation, any plan determined upon
by them or any OF them ought to be lawful
and legitimate. We do not wish to be under
stood from this as claiming that the choice Of
electors by the Legislatures is desirable or
wise. All we insist upon Is that the Legisla-
lures may constitutlonslly adopt this policy II
they see fit. As we understand d. q. L.. he Is
not discussing the policy of any special
method, but It's permissieility and legality
under the constitution.
In Louisiana change has taken place In
the sentiment OF the Democrats Of the State
upon this question since the adjournment OF
the constitutional convention, and IL Ia more
than probable that the Legislature will remit
the selection of electors to direct vote OF
the people, to be taken ut the same time NE
the congressional election.