The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-08-14
MR. PEELR's ADDRESS
"A Constitutional sat Amendmsnt-.7s.
and Manner of Eiecti6 ne Time
Representative g

D. @S54SSSlVn To-
rd IN the address by W. J, T pa 1884,
Northampton county, N. q Feels, in
you published in TIN y which
FARMER of July a1st, is a r pfahlssIr
an Amendment Of the CoDsttG;tnoetO
passed by North Carolina S'ltotiOu
that the States rather than tb b61 ~
States should determine the United
manner ard places Of electino une,
oers of Congress, which is vbe mem,
sumo MI. Peele means by tbo ! pre-,
Federal elections. These word0 words
used by the Constitution. Tts FSnot
the election of members of Cp pUaAsd
and Art. 1, Sec. 4, which reads tbS 5S
The times, places and mor-
holding elections for Senators ond Of
re~sentatives shall be prescrihoSS Gu hep
State by the Legislature tbero N each
the Congress may at any time Su out
make or alter such regulation W law,
as to the places of choosing Sene Except +
The first half of this section noaitis.
~ reserves this power to the Taoi.'e
lures of the several States, The oeoa
half is less positive. 1t says that Con
gress mGy at any time make or w.. wv,
such regulations. This apparent o"s
tradiction is explained by examinina
the debates in the State Convantion9
called to ratify the Federal Constitn
ton.
Those debates in both the States n
New York and Massachusetts sbom
that this permissible grant of power n
Congress was at the time very strono,
~ objected to. In both these Stats
this clause came near to defeating tbs
ratification of the Constitution, I have
before me the Debates in the Massa.
chusetts Convention of 1788, in which
this question was fully argued. twas
urged that such power was needed in
Congress to guard against one of the
dangers that has been found under the
Confederation. During the three or
four years preceding 1887 two or three
of the States Zone of them Rhode Island
had neglected to send delegates to the
Continental Congress.
1t was for such reasons that the sec.
ond part of Sec. 4 was put in by the
trainers of the Constitution. The reser.
walton of power to the State Legisla.
lures was absolute. The word used is
mandatory. "Shall be prescribed"
But the grant of power to Congress is
permissive. Congress mag,"-not
must or shall.
The honor of proposing an amend,
ment which should forever settle this
question, which MI. Peele claims for
North Carolina, really belongs to Mas
sachusetts. In the Debates to which l
have referred it was found that oppO.
sition to this section was very strong
and threatened defeat of the Constitu-
ton. John Hancock was President Of
the Massachusetts, State Convention.
On his motion a committee of Is was
appointed toprepare some amendments
which would make the Constitution
acceptable to those who had opposed
it. The first 10 amendments are in
cluded in the report of this committee
The third amendment proposed WassS
follows; but as it was not ratified by
nine of the States it did not become a
part of the Constitution:
"That Congress do not exercise the
powers vested in them by the tourtn
section of the first article except III
case where a State shall neglect or re-
fuse to make adequate provision for an
equal representation Of the people,
agreeably to this Constitution"
In New York State the sam con,
clusion was reached, and according 70
Mr.. Peele, North Carolina also followed
at a later date. should like TO learn
how many of the States ratified tnS
amendment. 1t should have OeVH
adopted.
The Massachusetts, Convention rau'
fed the Constitution with the amenu'
ments by a majority of 10, FeOruaf!
6, 1888. The vote was 1877 ayes TO 100
nays. The New York vote was neaFl!
equally close.
1 think one of the important tac1olo
in Democratic success in 1890 and I0'I
was popular opposition to the FeIet%
election bill. 1t is an issue on Wnl'n
Massachusetts is not a RepuOl0"I
State, as was shown in 1890.
WILLIAM J. FOWLER