The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-09-25
hsnce. instesd OF having ths plaess q election

80 ssAe
your own doors. Congress- may establish
place or places at either the centre or QUITE
parts OF the State. at q time and season
too. when II may DO very inconvenient :
attend. md by these means destroy the right
OF election. In opposition to this reasoning ii
asserted thatth is necessary power becaus
the States might omit making rules for the pur
pose and thereby defeat tho existence OF tina
branch OF the Government This Is WIN
logicians call a,'oumentum dbsurdum: for tn,
different States. II they will have any ~securit,
at all in this Government. they will find It II
the House OF Representatives" Clinton wen
on to say that to such objections the advo
Gates for this system oppose tho empty decla
nation that there is no danger that Congress.
will abuse this power: such language q.
relative to so important q subject Is more
vapor. Is 1t not in their power to make
such regulations rs may be inconvenient
to your 1t must be admitted because the
words are unlimited in their sense. 1t Is q
good rule in the construction Of a con.
tract to suppose that what nay be done will,
be; therefore. in considcrih this subject you
are to suppose that In this exercise OF this
Government a regulation Of Congress will be
mado for holding an election for the whole
State at Poughkeepsie. ut New York. or per-
haps at Fort Stanwix: who will then be the
actual electors for the House OF Representa-
uSos' lou OuRnC CeTtalnly 10 nave as muCh
or moro distrust with respect to the
exercise OF these powers by Congress-
than Congress ought to have with respect to
the exercise OF those duties which ought to be
Entrusted to the several States" Clinton, like
Winthrop. concluded with admonishing his
countrymen not to rely on verbal e~xplana-
lions Of the meaning OF . dangerous clauee.
but to view with wide distrust tho assumption
that patriotism and a regard for tho rights OF
the people would always govern those who
would administer the Federal Government
What he asks. facilitated the designs Of
Philip OF Macedon and caused the ruin Of
Athens but the unbounded confidence In their
statesmen and rulers2 Such improper conf
oence Demosthenes was SO we'll convinced
mad ruined his country that in his second
Philippe Grafton he remarks that there is one
common bulwark with which men OF prudence
are naturally provided. tho guard and security
OF all peoples. particularly OF free States,
against the assaults Of ~tyrants. What is this7
Distrust. W this be mindful: to this ad-
here: preserve this carefully and no calamity
can affect YOU" Clinton recalls also the oh.
servation OF Montesau!eu that the course OF
government is attended with an insensible
descent to evil. and there Is no ~reascent
70 GOOD without very great efforts. From this
doctrine Clinton draws tho plain Inference
that rulers In all governments will ACQUIRE An
Interests separate from the ruled which will have
Q tendency to enslave the latter. There is.
therefore,. no other way OF interrupting this
insensible descent and warding of the evil as
long as possible than by establishing princi.
pies OF distrust In your constituents and culti-
waiting tho sentiment among yourselves. Let
me inquire. my countrymen. whether the FREQ
dom and independence OF elections is a point
OF magnitude? Hi Is. what kind OF a spirit Of
amity. Difference. and concession is that which
will put In the power Of Congress at one stroke
to prevent your interference in government
and do away your liberties forever2"
Another vigorous critic Of tho proposed Con.
stitution was Robert Yates. who had been a
member OF the Philadelphia Convention. He
had already contributed to the New York
Journals striking series OF papers on the Con-
stitution. over the signature OF "Brutus."
written for the purpose Of influencing the
people OF Now York against the new scheme
OF Federal organic law. After tho elections
for delegates to the New York State Conven.
ton which was to decide on the acceptance or
rejection Of the instrument. Yates sent to tho
same newspaper the so-called Letters Of
Sydney" These letters embody a powerful
argument from the point OF view OF a consti- |
tutional lawyer. the gist OF which was that the
state Convention had no power to assent to a
Federal Constitution which in many particu-
lars was subversive Of the Constitution of the
State OF New York. He points out that g para
graph OF the State Constitution then in force
regulated the mode OF elocting delegates to
Congress-. and he insisted that a State Con.
ventlon had no power to ratify the transfer OF |
that regulation from State to Federal authori-
ty. since the State Constitution could only be-
amended in the way which 1t itself pre-
scribed. Like Clinton. he expresses tho ap.
prehension. based on what he terms the duplic-
1ty OF the wording OF the section in question,
that seemingly to leave in the power Of tho
legislatures the regulation of tho
elections for the House OF Representatives
while providing that Congress may at any
time BY law mako or alter such regulations,
would eventually lead to the introduction Of a
system destructive to the liberties Of the
citizen. lie predicted that tho power osten-
sibly vested in tho State Governments to pre-
scribe rules for the election Of representatives
would. under the operation Of the fourth seo-
ton. be ultimately superseded BY the general
Government. perhaps to the great inoonven.
fence OF tho people,"
Nv.
We have said that the ablest papers in this
written by champions Of the Constitu-
tion are attributed to Roger Sherman and
Oliver Ellsworth. At various times between
1877. and 1888. Roger Sherman
contributed to the NeD Hdren Gazette Tho
Letters OF a Countryman" and Tho Letters Of
Citizen Of New Haven." Tho only reference
10 the fourth section OF the Constitution occurs
in ono OF tho last-named letters. and runs as
1.-THE regulating Of time. place. and
OF elections seems to be as we'll So
cured MS possible: the Legislature OF each
State may do it. and IL they neglect to do it In
he best manner 1t may be done by Congress:
md what motive can either have to injure the
In the exercise OF that right? ?" 1t is
that Roger Sherman did not share the
.listrust which George Clinton considered so
necessary In the trainers or adopters Of q Com
'%titution. Oliver Ellsworth. whose thirteen
: Letters OF n Landholder." were published
n the Connecticut C0urdnt. discusses, but very
richly. the powor to regulate the election OF
representatives. with which it WAS proposed to
'nnIow CONGRESS. Your OWL Assembly {
are TO regulate the formalities Of this choice ,