The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-09-25

could not represent 80 many different interest
ior the purposes OF legislation and taxation.
In his very first letter Winthrop lays n warn
ing finger on tho clause permitting Congress
10 regulatethe election Of the House OF Repre-
eentatives. and he repeatedly recurs to tn
DANGERS inherent In tho provision. In TIL
iourtesnth letter. addressed to the Massachu
sets convention. then In session. he recapitu
iates with emphasis his views upon this point
Truly deplorable." he wrote. "in point o
argument must be that cause in whose defenc,
personso OF acknowledged learning and abilit,
can say nothing pertinent When they undor
'ake TO prove that the person elected Is tn,
saiest person In the world to control the exer
cise OF the elective lower OF his constituents
we know what dependence is to be placed upor
their reasons. Yet we have seen attempts t.
snow that tho fourth section OF the rroposet
constitution is an additional security to on,
rights. 1t may be such In tho view OF a Rhode
Island family II think that State 10 quoted
VINO nave been for some time in the
minority. but II is extraordinary that an on.
nghtened character tCalcb Strongl in the
massachusetts Convention should undertake
to provo that from a single instance OF abuse
IN one state another State ought to resign its
liberty. Can n man In the FREQ exercise Of his
reason suppose that he Is properly repre-
sented In the Legislature when that Legisla-
ture may Mt pleasure alter the place, time, and
manner OF election !? = OF all the powers
OF Government perhaps this is the most i'm
proper to be surrendered. Such an article at
once destroys tho whole check which the con-
stltuents nave upon their rulers. l should be
!ess Jealous upon this subject II the power
nad not been often abused. The Senate OF
venice the Regencies Of Holland. and tho
British Parliament have all abused IL. The
last have not yet perpetuated themselves;
but they have awaited themselves re-
peatedly OF popular otions to con-
tinue In power. Even at this day We find
attempts to vindicate the usurpation
by which they continued themselves
from three to seven years. All the attempts.
and many have been made. to return to tri.
enntal elections have proved abortlve. These
instances are abundantly sufficient to show
with what jealousy this right ought to he
guarded. No sovereign on Garth need be
AFRAID to declare his crown elective while the
rossessor has the right to regulate the time.
manner. and place OF election. = 1t is an
insufficient answer to the objection to say that
there Is no power OF Government but may
sometimes DO applied to bad purposes. Such
a power las Is conveyed by the fourth section
OF the proposed Constitution Is OF no value I'M
less 1t Is applied to a bad purpose. 1t ought
always to remain with tho people. The franz
ers OF our State Massachusetts, Constitution
were so jealous of this right that they flxed the
days OF election. meeting. and dissolvinR the
Legislature. and Of the other Offices OF the
Government. In tho proposed Constitution
not one OF these points is guarded"
Winthrop's criticism Of this clause gave the
advocates Of the now Federal Organic law
much trouble. They could not agree upon a
common limo OF defence. Some asserted that
StQto lie piS1afNrAa a YordAd nrn,J.al A.
pow OF regulating elections. with which it
was proposed to invest tho Federal Congress,
Others commended that the clause in question
was merely precautionary. and would never
become lucrative unless a State neglected or
refused to arrange forthe election Of members
OF the House OF Representatives. James Sui
livan. in ono OF the Letters OF Cassius." said:
" What Is intended by saying that Congress
shall have power to appoint the place for
representatives is only to have a
check upon the Legislature OF any State II it
should happen to be composed OF villains and
knaves. as is the case In a sister State [Rhode
island: and to take upon itself to appoint a
place for delegates to Congress. which place
might be tho most inconvenicnt in the whole
and for that very reason would be ap-
pointed by the Legislature in order to create
= disgust in the minds OF the people against
Tho Federal Government" It was also pointed
out that. under tho existing Articles OF Con- |
States had often neglected. to send
10 the Federal Congress the full number OF
to which they were entitled. and had
sent mono Mt all. Winthrop returns |
to this matter in the fifteenth Of the letters Of |
THAT the new SYSTEM" he writes,
proposed for your adoption is not founded in |
argument, but in party spirit. is evident from
he whole behavior Of that party who favor it. |
Tho following Is a short but genuine speci-
men OF their reasoning: The South Carolina
has established an unequal repre-
and will not alter 1t: therefore. Con-
Zress should be invested with an unrestrained
power to alter tho time. manner. and place OF |
members into that body. Directly
he contrary position should have been
Inferred. An elected Assembly made an
improper use OF their rights to control
therefore such a right ought not
% be lodged with them. It will DO abused in
en- instances for one In which 1t will serve
my valuable purpose. 1t is said also that the
3hode Island Assembly intend to abuse their
,ower In this respect: therefore we should
,ut Congress in a situation to abuse theirs.
surely this is not Q kind OF reasoning that. in
he opinion OF any Indifferent person. can vim
licate tho fourth section" Finally. In his
Eighteenth letter. still referring to tho pro-
,oSeu power VI regulating eloctlOns. winthrop
Yarns the Massachusetts, Convention against
erbalRssurances as to tho harm
essness OF thSffurth section. 1T ought" he
avs. Ito be considered that II we accept it
lpon q nero verbal assurance we shall find
~uraelves deceived. l appeal to tho knowl-
dge Of every one II 1t docs not frequently hap
ZEN that a law Is interpreted In practice very
from the intention OF tho Legis-
ature. Hence arises tho necessity OF
cts to amend and explain former
cts. This Is not an inconvenience in tho COM
ION and ordinary business OF legislation. but
a great one in a Constitution. A Constitu-
ion Is n Legislative act OF the whole people,"
inally. Winthrop solemnly adjured tho Mas
Convention that II 1t should re-
olive to adopt the Constitution proposed for
no United States. 1t should accept only upon
he following among other conditions. viz
Congress shall have no power to alter tho
me. place. or manner Of elections. nor any
over elections otherwise than by
ming such State as shall neglect to send its
representatives. or Senatorsn sum not exceed
ng the expense of supportinc it's represpnta-