Mobile daily commercial register and patriot., 1841-11-05

than to keep constantly m mind that the reservation of power to the States, is to elect Senators; hat to the people Is to choose representatives, And while il Is freely admitted, that under the general tIcket law the people of no State can ever have larger number of representatives than their numerical strength entities them to, may with full confidence be asserted that il to them the full number 10 which they are entltled and that other system con do il.
 The next objection is that a majority of the States, from the origin of the government, have adopted the district sysiem-Or, that the weight oi precedent IS against the measure under delatiOn To this it may be answered, with entire respect that the effect of this doctrine Is fslen the errors of one genera ton rrevocahy upon all eedng generations and indeed. to render err or immortal. This l admit Is the doctrine maintained in all governments of pre- scription, where the lights of experience and siye impro, ement studousy shut out, and where Is considered sacrilege for 10 attempt any n proselnent upon the systems opinions of those who have gone before them. Fortunately for the improve ment of the age, and for the benefit of mankin this ia yet the received doctrine in this country.
 The grayest objection, and one which addresses itself peculiarly popular prejudice-lor it can have solid foundation in the understanding of any one who has bestowed the slightest attention 10 the sub ject, IS, that it disanchises portion of the people. If this objection is well founded, it would be suli cient of itself to condemn the system. But nothing can be untrue disingenous and the employ ment of such argument bespeaks either m igno- range of the most ordinary terms in the language, well the true theory of representative democratic government, a desire to misead the public udg ment. To disfranchise, deprive of the pri- veges of free citizen. In refer ence to the sub ject under consideration il means, if indeed 1t any thing, to deprive of the right to vote But who it may be asked, that had right to under the former system has been deprived of that right by the law now in forcel Under the district system, each qualified voter in the state had right vote for membeI of congress, and no more. Under the gene ral ticket law, each qualified voter in the state has a right to vote for five. Unless, therefore, ncreas- ing the right of each voter the state five fold, in the election of members of congress, has the effect to disiranchse portion of the people, no dsiran- chisement has been effected by the general ticket law. fbeing disfranchised means voting in a ml- nority, why, then the twelve hundred thousand free men who voted m a minority in d recent national election, the of conducting, well the sul of winch will be remembered at least long the constitution lasts, dsiranchised. But not so-they took their chances at the ballot hoX-they cast their votes in that memorable contest-bui the majority of numbers was against them-and yielding to that great distinctive feature of representative publican government, that the wIll of the majority expressed according to the forms of the constitution, shall govern, they quietly submitted ts deftat-but not to dsfranchisement No doubt many of them expect to vote in similar election again, and judg- ing from the signs of the times, with sangune hopes of better success. If this modern doctrine of dis franchisement is correct, there is portion of the
 
 there is a contest, from the election of constable up to the election of chief magistrate of the United States. The subject renders reference to another principle not improper; and that is, the rights of mi norities. All men possessing tue qualifications tabished by the constitution are eligible to office and have right to vote, matter what may be their political opinions, But minorties have no power to elect, and no right to have their political opinions represented. These belong to the majority, and must continue to belong to them until the main prn- eipe of the government changed. and the V i'll of the few substituted for that of ihe many The truth of this position is fully illus trated in the case of the twelve hundred thousand who voted for Mir. Van Buren m the ate Presidential election. Ther votes powerless, far the result of that cleo ton concerned, if they had been cast into the sea-because they ware given by minority. Take another Illustration. The county of Tuscaloosa is in all respects, of the most respectable counties in Alabama. Tue people of that county like all oth- CTS, are d, lded into parties entertaining different po- litica opinions-one of these parties preponderates by majority of several hundred votes and the con- sequence is, and properly, according the genius of our government, that the dominant party elects all the delegates from that county, in both branches of the legislature.
 l have calmly endeavored to view the questions involved in the general ticket law through the light of reason, uninfuenced by any other desire than to arrive at proper conclusion, The true construc- tion of the ponsttuton and a desire to secure the rights of the people of Alabama 10 their fullest ex tent, furnish the only lights by which have been guided, and constitute the only motive by which have been governed In arriving the conclusion to which have come. had experienced no personal disappointment under the district system; and not wtstanding the motives attributed to me, it is n,- possible can have views expectations to gratfy under the present system. My deliberate judgment tes the present h the one, for the following reasons:
 l. The constitution authorizes the people of the state tu choose representatives. and this is, in my opinion, the only way which the right secured by the constitution can be fully enjoyed,
 2. It secures in practice, in the election of mem bers of congress- the benefit of that great principle, that the will of a majority, expressed according to the forms of the constitution, shall goyern.
 3. IL the rights of the states from the pos sibility of encroachment by congress-
 4. It enlarges the elective franchise, just in pro- portion to the number of members of congress to be elected,
 It Is possible, after all, that the views have ta- ken and the reasoning l have employed upon this subject may be erroneous My deliberate and well settled opinion is that they correct. And even they should prove to be erroneous, shall least en- joy the consolation of having erred in favor of ex- tending the great principle of representative gov ernment, which lies at the bottom nf our institutions, by enlargne the right of sufrage-=to which, in it's plentude and pur y, to the people of the eral states of this union, the aspirations of the pue patriots were elevated and the best blood of t
 
 ticularly al this tim have an especial deslre to be misunderstood, Ours is government of opin- ion, and not arbitrary will and and free n- q,iry are the only agents that properly be poyed in the administration of it. am, therefore, of opinion, that this subject should be referred back to the people, and if upon full consideration of all the reasons connected with it, they determine that this law ought to be repealed let it be done, As al ready remarked, possible injury or public incon- venence can result from delayi the contrary, it will afford time for ample reflection the rel atve importance and propriety of the two systems, lS4S.
 The intimate relations subssting between the state and general governments, and liability to be affected, either for good for evil hy the action of the latter, renders it proper that should notice of the measures introduced during the late extraor- dnary session of congress, most of winch have, fortunately, as conceive, became laws of the land, am well aware that there are some who lnok upon every ausion by tue state authorities to the action O the general government, as species of imperti- nent and olici0us interference, My habit of think ing upon this subject has led to different olusion. The general government was formed by the statesi it only be altered by the states it is sponsbe to the siates for fits acton it was consti tued trustee by the states, for the benefit fthe people, in relation to such matters and others as were specifically confded to it.
 The ingenuity of the friends of a national bank in congress taxed to the last extremity, in order enable them to seem te eyade, while they violated tho ponstntion, and to incorporate some institution ofthis knd Fortunately fur the country, all these attempts were unsuooessful---not much, it would appear, however, from disposition to preserve lh. constitution, as from inability on the part of the friends of bank Cor fiscal agent, it is now oaed) to agree among themselves as to the particular man. ner in which that instrument should be violated And il is astonishing that the President of the U States shnuld hava vetoed two hank bils for cOnsttutiona