Mr. MARSHALL. So far as concerns the construction of the clause of the Federal constitution which is now to be considered by this House, as a matter of course that question was not before them; that question was not raised. There are 2 points in this case. The 1st is, was the act of the Legislature of Michigan in harmony with the constitution of the State of Michigan? If it was, then there is an end of the question. If it was not, then as a matter of course the act was void as far as it had reference to any officer elected by virtue of the constitution and laws of the State of Michigan. But there is", as the gentleman suggests, another question to he considered in this case. It is said that the Legislature of the State of Michigan, so far as this question was concerned, had a power independent of and above the constitution of the State, and this power is based upon a clause of the Federal constitution which already been read, but to which I will call the attention of the House for a short time. Section 4 of article 1 of the constitution of the U.S., says:. ” The times, places and mannerof holding elections for Sens&Reps shall be prescribed in each State by the legislature thereof; but the congress may at any time by law make or alter such gpgpgations, exceptas to the placesof choosingSen N ow, the answer to that arment I have stated briefly in the report of tfi: minority of the committee, and l o not intend at this time to go into it at any length. That answer is at least satisfactory to my own mind, however fal lacious it may be deemed by other gentlemen. they object of the Convention which framed the Federal constitution was not to determine what branch of the State government, or what particular body in a State, should determine the times, places, and manner of holding elections for members of Congress, or for any other officers. The question arose whether it was not necessary to reserve to the Federal Government the power of fixing the times, places, and manner of holding elections for Representatives and Senators in congress. It was suggested with great force that i the Federal Government did not reserve to itself this power, a majority of the States might become refractory, and by the simple act of refusing to elect Senators and members of Congress, destroy the Federal Government; because there being no Legislature, there not being a quorum of either branch of the national Legislature, the functions of the Federal Government would cease, and it would be destroyed by the mere non-action of the States, and there would be no remedy. They therefore said.” it is necessary to reserve to the Federal Government the power to fix or prescribe the times, places, and manner of holing elections; but we will leave this to the States in the 1st place if they will exercise;it but if they fail to exercise it, then the power must be reserved to Congress, so that the functions of the Federal Government shall not cease to operate.” The idea, and the only idea in the mind of the framers of the Federal constitution was this: “Let us reserve this power to the Federal Government as an ulterior power to be exercised for Its preservation; but let us leave the exercise of the power in the 1st place to the States.” and, in expressing this power to be exerted on the part of a State, they used the term “ the Legislature.” Now, the question arises very properly, what is meant by that term, “the Legislature?” know, Mr. Speaker, that there is room for argument upon this point; but what is a “Legislature?" The be which usually enacts laws in my State is not legally and constitution ally called a “Legislature” at all; it is called a “ General Assembly.” In Massachusetts, I believe, the body usually enacting the laws is called a “ General Court, ” in some of the NewEngland States that term is certainly used to des1gnate the ordinary legislative body. Various terms are used in the constitutions of the various States; and I know of no instance in. which the body usually enacting the laws for a State is in the constitution eo nominc denominated a “ Legislature.” What is the meaning of a “ Legislature” in its broadest and proper sense as used in this clause of the Federal constitution? It is, as I maintain, that body in whose hands is reposed the legislative powers of a State. What body is that? It is the people themselves in their collective capacitythose who are electors of the State.