Mr. McDowall. The freedomof election is one of the greatest securities we have for our liberty and privileges. It was supposedby the member from,denton. that the control over elections was only given to Congress to be used in case of invasion. ifforfrom him. That could not have been their intention. Otherwise they could haveexpressedit. But. sir. it points forward to the time when there will be no State Legislatures l to the consolidation of all the States. The StatesWill be kept up as boardsof elec ions. “Mr. Iredell answered that he stated the caseof invasion as only one reason out of many. for giving the Mnlrl.mmle control over electionsto Congress. DflVlH. The Gentfrom Edenttm (Mr. Iredell) has pointed out the reasons of giving this control over elections.the principal of which was to prevent a dissolution of the Government by designing States. If all the States were equally osscased of absolute power over their elections. without any control of ongress. danger might be justly apprehended where one State possesses as much territoryns 4 or 5 others and someof them being thinl copied now, will daily become more numerousan brinidable. Without this control in Congress.those large States might successfully combine to destroy the General Government. It was therefore necessary to“control any combination of this kind. Another principal reason was. that it would operate in favor of the people against the ambitious de signsof the Fedora Senate. will illustrate this by matteroffact. the historyo e little State of RhdIsland is well known. An abandoned faction have seized on the reins of government and frequen refused to have any representation in Congress. Cbnqru hadlllepowrrqf nml iiiuthe low of elections crate! matched; the U.S. State could with duawitsel frp in tho national councils without the consent o fa minorityof nicinbors Of conrein. Had this hbeeledn! “ the case.thattriflin State would uothave with "presentation. at has once he criedmay happen again: and it wasnooese toelgh flongress this power to been the Govotnmeu in It O oration. i nItleiir sebsetisneg federal Government gpdinvo via the States and me not: r a ring the assent of more than a majorit; oug to be. able to kccp the irre resention on, twould have been ii solccis in to eye a governInnt without any mum?of self preservation. The Co dmtioniy the only instance of a Government without such means and is a nerveless system as inadequate to every purpose of government as it is to the at a ortleso the people at Anienca. presumed that they would waive the right ofrte fire p " the sovereign and in 0t America have this power over electiom. they can. in spite of my ftrclion in mil/particular State.pioelhcpeo a representation. Mr. Spencer. The Gentfrom Halifax said i that the reason of this clausewas. that someStates might be refractory. I confessthat in my opinion the circumstancesof RhdIsland do not appear to apply. I cannot conceive the particular cause why. RhdIslandshoulil not send Representutives to Congress. If they were united in one lrovernment. H it mutation? I have not the least reason to don icy would make useof the privilege. With respect to the construction that the worthy member put upon the clause. Wero that construetion established. I would be satisfied; but it is susce tible of a different explanation. They may alter the mode of election so as.to do rive the people of the right of choosing. Iw to have it expressedin a more explicit manner. "Mr. Davie. Mr. Chairman. the gentleman has certainly niisconce ived the matter when he says that the circumstances of RhdIsland do not upply. It is a fact well known. of which perlia s he may not be possessed. that thoStiito of Rhoda sland has not been rerularly representedfor several years. owing to the c intact" and particular vicus of the prevailing party. By the influence of this faction. who are in possessionof the State government. the peoplehave cen frequent] deprived of the benefit of a representationin the nion and Congress often embarrassed by their absence. The same evil may again result froiu the same cause: and Congress ought therefore to possess constitutional power to give the people an opportunity of clown: Representativesif the States neglector refuse to do it." "Mr. Maclaine. The clause enables Congress to. alter such regulations as the States shall have made with resoct to elections. Whatwould he lnfer from this? Vliat is it to alter? It is to alter the time place and manner established by the Legislatures if they do not answerthe purpose. Congress ought to have power to perpetuate t of the States. who might be other Government and not I ask the gentleman and will I wish he may give mea. satisfactory answer. The whole not in the xiii erqf the peopleo0well when the elections are requ atedHI Coa areu as when bu the States? Are not both the agents of the people nmenable. To them?" I cite with pleasure the following extracts from the debates of the Pennsylvania convention, October 28, 1787: “Mr. Wilson. I bope. sir. that it wasnocrimeto sow the seed of self preservation in the Federal Government. Without this clause it would not possess self preserving power. By this clause the times. places and manner of holding elections shall be prescribed in eachState by the Leirislature thereof. 1 think it highly groperthat the federal Government should throw the exercise of this powerinto the hands of the State Legislatures. but not that it should be placed th“erIef entirely without ennlrol. the(bngreu hurl firm!in lheirptmerlo make requlrrlionu. what mightbe them mvqumee! Some States might make no regulationsat all on the subject and shall the existence of the HoRep. the immediate representation of the people in congress.depend upon the will and pleasure.of the State governments t Another thing may possibly happen: do not say it will; but wewercobliged to gun even against possibilities as well as probabilities. A Legislature may be willin to make the necessary regulations. yet the mine ty of that Legislature may. by absentlng themselves.break up the House and prevent the execution of the intention of the majority. "I have supposed the case that sorne State governments may may eno regulaticns at all. it is possible. also. that they make improper regulations. I have heard it surmised by the opponentsof this Constitution. that the congress may order the election for Pennsylvania to be old at Pittsburg and thencecon clude that it would be improper for thein to have the exercise of the power. Butsu posc.ontheotherhand. that the Assembl should or or an clection to beheld at Pittsburg. ought not the General Government to have the power to alter such improper election of one of its own constituent parts? "But there is an additional reason still that shows the necessityof this provisionary clause. The members of the Senate are elected by the State Legislatures. Those Legislatures pouscuevul.n controlled the pnicer q prescribing the time places, and manner electing member of the HoRep the members o/oae branch of the General.e lrrturewould be the tenants at will of the elections and the General Government tooultlriflls other braacll. l, rnqlrnte at the mercyof the Legislature:of themeral later." In the same convention, December 4, 1787, Mr. Wilson said, quoting from Montesquieu: “In a democracythe people are in some respects ers the subject. There can be no exercise of sovereignt but by their suffrages which are their own will. ow. the soverelguswill is the sovereign himself. the laws. therefore. which establishthe rightof suffrageare fundamentalto this Government and indeed. it is as important to reg ulate in a republic in what manner by whom to whom and concernin what. suffragesare to be given, as it is in a monarchy to know who is the prince and after what manner he ought to govern.". r Then Mr. Wilson continues: “In this system it is declared that the electors in each State 5 all have the qualifications requisite for electorsof the mpst numerous branch of the State L slaturc. This being made the criterion of the rit of suffrage. it is consequentlysecured.because the same Constitution guaranties toeveryState in the Union a RFG. The right of suffrage is fundamental to republics." bl Again, on December 11, 1787, Mr.Wilson said: “ It is repeated again and again by the honorable gentleman. that the power overclections which is given to the General government in this system is a dangerous power! must own I feel myself surprised that an obaction of this kind should be persisted in. after what has beensaid by my honorable colleague inreply. 1 think it hasaiiiieurfll by a mi nute lnVLSllKtltlOlI Of the subject that it would bavo beennot only unwise biithi hly improperin the late Convention to have omitt this clause or given less power t.han it does over elections. such puwors. sir iire onioyodby overyState governmentiii the Illlllul States. In some the are of a much greater magni tude.aad why should this be the only one deprived of them? Ought not these.“ well as every other legislative body.; to have the power of Judniuu of the qualifications of itsown members? The tinicil. places, and manner ofliolding electionsfor Representatives may be altered by Congress) In miner. air. line been shown to benew nun]. Not only on some rlirulal occmrorwb.ut corn to the very existence of the Federal Government. I have heard some very improbable suspicions indeed suggested with re:ird to the manner in which it will be exercised. ct us suppose it may be improperly exercised is it not more likely so to be by the particular States than by the Government of the U.S.? Because the General Government will be more studious of the pondof the whole than a particular State will be; and therefore. when the power of regulating the time. place or manner of holding elections is excrcised by the Congress.it will be to correct the improperregulations of a particular State." Mr. Mclxean, December 11. 1487, said. in answer to the objections toscction 4,Que: I “ Every HoRep isofuin!tyno“t be the Judgesof the elections.returns and llhfioa 4tions of its own members. It is therefore their rov inco. as well as duty.to seethat theyare fairlyc can and are the legal members. For this purpose it proper they should have it in their power to provide that the times. places and manner of election should be such as to insurofree and /air elections." (.1 There is but a meager report of the proce ings of the SCarolina convention, yet we have the record of the following language. at: tered by Charlcs Cotesworth Pinckncy, who had been a prominent member of the Convention that framed the Constitution:, “in “It is absolutely necessarythat con. should have this superintending gower.lest by the intrizuol of a ruling faction in a State the members of the HoRep should not really rem cecal the peorleofl “$1010 and lestthesamcfaction. through artia State Views should altogether refuse to send epreaentative sof the meat." I Cotesworth Pinckney was much less devoted to the pernicious doctrine of State sovereignty than are some of the gentlemen on this floor. Mr. Speaker. I thus close the extracts I propose to offer from the debates in the Convention. Let us pause for a few to examine minute hellioueven the action of some of them shall draw thence pregnant evidence in support of in position. for the latitude of the sman power under the 4th section co0ngrethse 1st article was so keenly appreciated and was so thoroughly reugnnut to those who still clung to the anare y engendering idea of State sovereignty, that each of 5 States that accompanied the inaets of ratification by recommendations of amendments. proposed an amendmentdeSigned to restrict. curtail, or destroy cong ressional control over elections in the States. I Ilie Massachusetts conventio. n proposed up amendment in the followmg form;. lutwffr gs “ That Congressdo not exercise the in them by the 4th section of the 1st article i in casesw erea State shall neglector refuseto make the regulationsthereinmentioned or shall make regulations subversive 0/: the;flflltll of the peopleto n free mideqyul reprcIcnlulwtlIn CODEIBSSa.greeablyDOtil. Constitution.", Ibe allied NewHampshire convention 1 the followmg as an amendment:. 55th "That concando not exercise the l in them by the 4th section of the 1st O in caseswhere a State shall neglector refuseto make the regulations thereinmentionod or shall make IOlr nlations ruboernec the n hisq/ the peopleto a free and equal representation in Congress; nor shall congress in any case make regulations contrary to aim. People to the general Government: and equal representation. The NewYork convention proposed" O following amendment: M.“. 1:; “That the Congress shall not make or alter“, regulation in an State respecting the times place and manner of holding elections for Senators an Representatives. Unless the Legislature of such State shall neglect or refuse to make laws or reulatiuhl for the purpose, or from any circumstance o inca able O making the same and then only until the legislature of such State shall make provision in the premises: Provided.That Conxrm may time for the election of Representatives." Mb;I. The following is the amendment proposed by the convention of RhdIsland:. "That Congress shall not alter. modify, or interfere in the times. placcs or manner of holding elections for Sens&Reps or either of hem. except when the Leuislature of anyState shall neglect refuse or be disabled by rebellion or invasion. to prescribe the same.orin case when the provision madeby the State is so imperfect that no consequent election is bad and then only until the Legislature of such State shall make provision in the premises." and the convention of SCarolina appended to the act of ratification the following coloration: and whereasit is essentialto the reservation of the rights reserved to the several states and the freedomof the people under the operation pfa General Government. that the right of prescribing the manner. time and placesof holding the elections to the Federal Legislature should be forever insepara bly annexed to the sovereigntyof the several States: this Convention doth declare that the same ourrhtto remain to all posterit aperpetuul and fundamental right in the Iocal. exc usive of the interferenceof the General Government. exceptin caseswhere the Legislatures of theStates shall refuseor neglectto perorm and fulfill the same according to the tenpr of the said Constitution." "Item/nevi.That it be a standing instruction to all such delegatesas may hereafter be electedto represent this State in the General Government to exert their utmost abilities and influenceto effectanalteration of the Constitution conlormably to then foregoing resolutions." That the Representatives of SCarolina in the 1st Congress most faithfully obeyed these instructions to fix the germ of decay in the Constitution, I will show directly. By the propositions of amendment submitted by the ratifying conventions of 5 States the attention of the 1st Congress was distinctly drawn to the question of the propriety of amending the Constitution in the particular named. The action of that Congress on this subject is therefore of the greatest significance, and well worthy of review. On June 8, 1789, James Madison, who, it will be remembered, had home the foremost part in both the Federal Convention and that of Virginia, as a member of conss from Virginia proposed. in the nations HoRep, 9 amendments to the constitution. Was there among them one to limit the powers of Congress as suggested by the reso utions appended by those States to their acts of ratification? Let us see. Madisons reremsrks, in presenting and explaining these proponitions, will be found in the Annals of Congress. 1st Congress, volume one, pages 140, 448 459. LHere the ham mer fell.] Mr. HALE obtained the floor.