Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-08-02
INTERPRETERS OF THE ELECTION LAWS

| congress OF the OOnieueratlOn, WHICH cOn-
sisted of q single body, the States were rep
resented by their delegates-as many as they
chose to send. Each delegation cast the
vote Of its State, the State being represented
in its corporate capacity. The people OF the
States were not represented directly, and
the delegates were appointed by the State
Legislature. When the Constitution came
to be framed this system Of represent alton
was made to give place to another, but there
was no departure from the principle that
the representation in Congress is repre-
sentation of States and their people.
THE ORIGINAL DESIGN.
The establishment of a government with
direct sovereign powers necessitated divis-
ion of the legislative body into two cham
bers, in one of which the States, as political
corporations, were to be represented equally,
and in the other the people Of the States
were to be represented unequally, or in pro-
portion 70 the number of their inhabitants
No one entertained the design Of repre-
sentation OF the people of the United States
regarded as O consolidated nation, and no
one contemplated that either the Senators or
the Representatives in the new Government
would be Federal officers, as contra-distin-
guished from officers OF the States. 1t is by
these historical facts that the clause Of the
Federal Constitution (Article l., sec. ~
must always be interpreted. It is in these
words:
1.-THE times, places and manner of hold
ing elections for Senators and Representa-
tives shall be prescribed in each State by the
Legislature thereof; but the Congress may
at any time by law make or alter such regu-
lations, except as to the places OF choosing
Senator'S
CONGRESS HAS NO CONTROL.
One other clause of the Constitution is to
be taken in connection with this one, namely,
that which provides that the qualifications
of electors of Representatives in Congress
shall be the same as those requisite for elec-
tors of the most numerous branch of the
State Legislature Art l, sec p, so that
over the qualifications requisite for electors
OF Representatives in the Lower House of
Congress, Congress has no control whatever.
1t is exclusively matter for the determin-
alton of the State.
Several things are important to be noted
in determining the meaning of article 1,
section 4, of the Constitutions: First, the
time, place and manner OF holding an cleo
tion for Senators and Representatives in
Congress are to be, 'shall be, prescribed in
each State by the Legislature thereof. The
regulations of these matters by the State
Legislatures are TO relate to the "hold-
ing of an election. The "holding" of
an election comprehends nothing in
relation to the qualifications of the
voters. excepting provisions to receive the
votes of those persons only who are duly
qualified under the laws of the State. There
may be provisions for previous registration
OF voters, for voting by ballot or viva voce,
for presiding and returning officers. etc. ALI
OF these things enter into the holding of an
election, and they are to be prescribed by
the State Legislature, which may make such
regulations as 1t sees fit. The State is thus
constituted the primary power in regard to
the elections OF Senators and Representa-
tives in Congress. So long as the State has
some system of regulating these things, so
long that system is to be observed. But, in
the second place, to provide against con-
tingency, Congress is authorized, as sec
ondary power, to make" regulations. or to
s'alter'' those made by the State. 1t is a
subordinate but remedial power. to meet
certain contingency. What is that COLI
tingency?
WHAT MAY BE DONE.
1t is historically certain that but one con-
tingenev was ever contemplated. This was
the failure of State to be represented in
Congress at all. 1t often happened under
the Confederation that one or more States
had no delegation present in Congress. and
this was one cause of the feeble and uncer-
tain action of that body. To remedy this
evil, in other words, to enable Congress to
keep the Government alive, it was empow-
10 lrao L., l., -
the qualified voters as chose to be repre-
sented in Congress could give their votes,
when the State itself had no such SYSTEM
Congress may, in such a contingency, step
in and provide such system as whole; or
it may, when the regulations of the States
are inconvenient and burdensome to the
electors in respect to the time, place, or man.
ner Of holding the election, supply regula-
tions better adapted to secure the con-
venience Of the voters. The terms "make"
and "alter" such regulations must be inter-
preted separately according to the circum-
stances OF each case.
Alexander Hamilton is certainly to be re-
garded as the great apostle of Federalism
and as an advocate for all the power OF the
Federal Government that rightiully belongs
to it under the constitution. 1t will not be
doubted that he understood its meaning, il
any mau did. In No. LIX. Of the Federal
ist he has given most lucid explanation of
the intent and meaning of Article l., Section
4. He says that its propriety rests upon the
PLAIN PROPOSITION
that every government ought to contain the
means of its own preservation" He then
proceeds to show that this means consisted in
giving to Congress the secondary power of
regulating elections for Senators and Repre-
sentativesl in that body, at the same time
pointing out that the primary power is in
the State Legislatures. II the State Legis-
latures neglect this duty so that there is a
lapse in the organization of the
Government, Congress may remedy
this evil. Hamilton nowhere inti-
mates that any other contingency was con-
templated by the trainers Of the Constitu-
ton, or is implied in the terms Of the clause
in question. On the contrary, ali his rea-
soning is directed to show that it was TO
meet the one event of a failure of State to
be represented that the clause was framed
and introduced. And this was understood
to be the meaning and intent of the clause
in the State conventions which ratified the
Constitution. No one thought that by rati-
fying the Constitution of the States would,
BY this clause, create power in Congress to
do ANYTHING on the subject unless the State
should omit to have any system for conduct
ing the elections bv which it was to be rep
resented in the legislative body of the
Union. Let the pending bill, as 1t is pro-
posed by the House OF Representatives, be
tried by this test.
WHAT CONGRESS CAN DO.
At no time since the adoption of the Con-
stitution has any State in the Union failed
to be represented in both Houses, save in the