States to which he saw any objection but he conceived
that it would give anoverwhelming power
to Congress to control the election, by the States,
of the Senators of the United States. Truly might
it so he said if this Convention, by their action, as
proposed, did exercise this power, and did thereby,
so far as in them lay, concede this power to Con-
gress.
In speaking of this power, in the 60th number
of the Federalist, Mr. Hamilton rebukes the very
design of this proposition in these words:
"But it is alleged that it (this power) might be
employed in such a manner as to promote the elec-
tion of some favorite class of men in exclusion of
others, by confining the places of election to par-
ticular districts and rendering it impracticable for
the citizens at large to partake in the choice. Of
all chimerical suppositions, this seems to be the
most chimerical."
Now if we, in this Convention, attempt the ex-
ercise of this power, we do thereby admit that
Congress has the power to make or alter these very
regulations.
Mr. BLAKISTONE said—Mr. President, I do
not propose to give my opinion on this subject,
hut I mean to throw out some intimations
for the consideration of gentlemen who have
.argued the question before the Convention,
and I would call their attention the phraseology
and language of the Constitution of the United
States, for the purpose of seeing how it is and
why it is they draw a distinction between the
power of the Legislature of a State, under the
clause of the Constitution which has heretofore
been exercised and acquiesced in by the Congress
of the United States, to district a State with re-
gard to the election of representatives to the
lower branch of Congress, whilst they deny to
the Legislature the power to district a State
with respect to the other branch of Congress—
for the language is precisely the same when ap-
plied to the one, that is applied to the other.
Sir, I will read the qualification with respect to
a member of Congress. I wish gentlemen to
note the language and draw the distinction:
. "No person shall be a representative who
shall not have attained to the age of twenty-five
years, and been seven years a citizen of the
United States, and who shall not, when elected,
be an inhabitant of that State in which he shall
be chosen."
That, sir, is a qualification prescribed by the
Constitution of the United States for a delegate
to Congress. Now, take the language in regard
to the qualification of a Senator:
"No person shall be a Senator who shall not
have attained to the age of thirty years, and
been nine years a citizen of the United States,
ana who shall not, when elected, be an inhabitant
of that State for which he shall be chosen."
Now, sir, the words are verbatim et literatim,
the same in the one case as the other as pre-
scribed in the Constitution, in relation to quali-
fication, with the exception of five more years
of age, and two more years of citizenship being
required to fit him for the Senate, than is re-
quired to fit him for the House of Representa- |
tives. The words are perfectly identical. Now,
for the mode of election:
"The times, places, and manner of holding
elections for Senators and Representatives, shall
be prescribed in each State by the Legislature
thereof; but the Congress may at any time by
law, make or alter such regulations, except as
to the places of choosing Senators."
The same, the very identical language is used
in reference to one branch of the National Legis-
lature as is used in reference to the other. The
Legislature shall have the same power as re-
gards the time, the place, and the manner in re-
gard to electing members of Congress and Sen-
ators. Then, sir, comes in the proviso: "But
Congress may at any time, by law, make or al-
ter such regulations, except as to the places of
choosing Senators."
Now, what was the object of this reserva-
tion? I presume the reservation was made be-
cause the several States were unwilling to vest
in Congress the power to fix the places, at which
their respective legislatures should assemble. It
would have enabled Congress to have fixed the
seat of Government of the several States at
such places as it might have seen fit, and most
inconvenient to the people of the States, it
would have given a power to Congress incom-
patible with State sovereignty. The sover-
eignty of the State is represented by the Sena-
tors. The fifty-ninth article of the Federalist
to which the honorable gentleman from Anne
Arundel, (Mr. Randall,) has referred, and which
was written by Mr. Hamilton, instead of sus-
taining the argument on the other side, will be
found admitting the fact, that more power is
given to the States in the election of Senators,
than in the election of Representatives, and jus-
tifying it upon the necessity of the case. It
will be observed that in this article, Mr. Ham-
ilton is answering objections urged against the
article of the Constitution of the United States,
which reserves to Congress the power to make
or alter by law the regulations in relation to the
limes, places and manner of holding elections
for Senators and Representatives, which power,
except as to the place of choosing Senators, is
conferred upon the States. He uses this lan-
guage: "Its propriety rests upon the evidence of
this plain proposition. That every government
ought to contain in itself the means of its own
preservation." if he had stopped here, it would
seem to favor the argument of the gentleman
on the other side, but he goes on and argues the
propriety of reserving the exclusive power in
Congress in reference to the House of Repre-
sentatives in opposition to the ground taken that
as the power was reserved to the States as to
the election of Senators, the same power ought
to have been reserved as to the election of Rep-
resentatives. This he declares would be de-
structive of the General Government. Now
mark what follows: "As an objection to this
position, it may be remarked, that the Constitu-
tion of the National Senate would involve, in its
full extent, the danger which it is suggested
might flow from an exclusive power in the State
Legislatures to regulate the Federal elections" |
