New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-05
POPULAR OBSERVATIONS.
THE ELECTION BILL CONSTITUTIONAL.

AUTHORITY OF CONGRESS AS TO ITS OWN MEM
BERsHIp UPHELD BY STATES RIGHTS
MEN AS WELL AS FEDERALISTs.
TO the Editor Of The Tribune.
Sir: II Is probable that readers OF newspapers may
not generally be familiar with the words of the Con-
suon, but IL is amazing that the editors OF so many
newspapers know seemingly. little in regard 10 the
powers Congress under the Constitution as to claim
that Congress has no power to rass the proposed
Congressional Election bill. Editors, many OF them,
either do not have the Constitution in their libraries,
or else they wilfuy deceive their readers The Con-
stitution declares:
Article J. section 4. The times, places and man
Of holding elections for senators and Representa-
lives shall be prescribed in each state By the Legs-
lature thereof; but the Congress may al any te' py
law, make alter such regulations except as 10 INC
Sec. 5. Each House shall be the Judge of the cleo
tions, returns. and qualifications of its own members
II will be that the Constitution confers, eX-
plcitIy on Congress the power not only TO make, but
the paramount power 10 alter any rules and rcgula
tons that the States may have made When the ABOVE
quoted clause was under discussion in the convention
James Madison said Of II
The necessity of General Government snppoSes that
the state Legislatures viii somecs is or 81 gIe
consult the common interest at the eHpeie Vi re-
local conveniences or preludices Inc p9n,lvy M
tivcs 70 the people and to the Legislatures OF me
states supposcs that tie result VIII Oc s0mcWnae. i
usnse4 70 By decide e mo the Of the
ought not to have the uncontrolled right OF Tesu
Ing the times places ana naiac Vi If was impossible
to fore>ee all the abuses that mleh' DC """0 VI wv
discretionary power. . -, ,uo. or viva
voce Should assemble at this place or tat piace o"d
be divided into districts or all meet AZ QUE district
ali yote for All the Representatives or all IN uIaui
vote for u number allotted to the uIstlot
many other points would depend on tno W!hon
and might materially affect the appointments Will.
ever the state Legislatures had faVoranle measure
to carry, they would take care 10 moulu tiv 80
lions so as to favor the candidates thcy wsneu " s
coed Resides the inequality a the representation III
the Legislatures OF particular states wouiu ptouuuoo
like inequality in their representation III the NatiUn%
I9.iatTrc a. II was presumablc that the counties
having the power in the foime; case "ouIu sHtI b
Inc i'm giving controlling power 10 the National Lesls
aturci OF whom was 1t to consist tIrsI Oh ' the
ate to be chosen by the sat9 ;gr
could not be dangerous secondly, of REPRESENTATIVES
elected by same people who elect the sa'e 80 c
Iaturcs Surely, then, IL confidence Is que 10 lle
latter. it must be due to tins former 1t ,ceHed as
improper principle though IT mept DC le,n tTi
venIont I'm nractce give the state Legislatures tls
,t authority over the election of Representatives OK
The people in the General Legislature as 1t w9Ha DC DC
their Representatives in the State Legislatures
Mr.. King said: II this power be not gwen to the
National Legislature the right Of Judging Of the return
OF their members might b" frustrated AIthoush
this scheme Of erecting the General Government on Inc
authority Of the state Legislatures has been fatal to the
Federal establishment II would seem as II many Sch'ic-
men SIM foster the dangerous idea
Couverneur Morris said that the states migIl.
make false returns, and then mako no poN''io' lo'
new elections. .,.. - H.,
Alcxandcr Hamilton said: d" am greatly mistaken
II rhcro he any article In the whole plan more com
nlceIv dcfensble than this IT. proprcty rests upon
The evidence Of this plain proposition. that every Coy
crnmen ought 10 contain In itself the means oil It's
own pr,scrvatiOn.' 49,, ,,,-., .,
Mr. Hamilton and Mr.. Madison held different the-
ories in many respects, concerning the Constitution
and tbc administration OF tie Cove 1mcnt. bur thcE
a.rcri perfectly in their views MAT Congress shouu
have Tho control the rules and rcSlatOns 81 the
elections Of It's own members. except a. 70 the places
81 choosing Senators. Mr.. Madison was VI einlA
democrat: he twice elected 10 the Presidency ny
tho Democratic party and his devotion T. states rights
was never called I'm question. Why should the purity
and freedom Of the ballot 10 legal voters ever hc made
n party question EN' Al hI"hio'
DOOklyn Jan 3, 1891.