The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-04


| thousand in another section. Were this tho case, It
would II he might be permitted TO use the word be
| un-American. In truth, there existed power IN
the Constitution TO confer upon five hundred thousand
persons in section the power that belonged TO two
millions in another section. If sucha thing were
improper when done, il would certainly be improper
for Congress TO attempt TO do H.. He wanted the
whole power Of tue whole people placed In the whole
number If Represc natives, and he believed that he
| never would enjoy or realize the rights which he
claimed american citizen, under the Consiitu-
ion until The election Of members of the House OF
Representatives should be placed upon that bass,
Congress, had full power as to the time place. ana
manner OF holding elections but not the power 10
elect members Congress or to prescribe the quallhca
ton of voters. Congress had all the powers which the
States possess in these matters Then why not exeI-
else ~ The States not the servants the agents
| OF Congress There no State that ever would
obey such regulation that proposed by the section
whether il should be called order mandate, or d.
rection.; it amounted to the thing, and would
never do in Alabama. In saying this, be did not con
slider himself departing from the principles which
| lay at the foundation Of the Government. On the
contrary, be cla Dg them more firmly TO his boz
SOM and he taking his stand the walls OF the
Constitution when he said that the second section OF
this bill never could ought To be carried out because
the Constitution gave to Congress no power whatever
| to pass such bill
| Mr. GRAHAM believed that it was highly expo
dent that the district system should be adopted and
that in every country Of which he had any knowledge
where representative government existed at all,
they had not elected by the whole mass OF voiers
| bur, every country which possessed free
| dom TO any extent the people had elected
| their public agents by districts parishes, coun-
ties, whatever they were called, so that evidences
of the public opinion might be brought to the capitol
In order to have correct representation there should
be something Of intimacy between the represent tive
and his constituents, that he might explain TO them
the opinions which he entertained of public affairs
and give to them account of his stewardship lhis
the where the district system was IN force,
but not where the States elected by general ticket
Congress had the right to declare that electors for re-
representatives. in the States shall be by districts or
general ticket while all that Congress would say
was that, instead of State having district Tor
instance il should have forty. Congress has thus the
power to lay of State into forty districts and de-
clare that member shall come from each, leaving
it to the discretion of the State Legislature to appor-
ton and declare what portion of territory shall com
pose each district This was a trust power OF which
the Legislature the trustee twas not an absolute
power with the States butwa subject to the suspend
ed by Congress. However, Congress should not So
ect any particular State for It's action IN TINS mat
ter but it should take steps to make the system OF
! election uniform throughout the Union
| Mr. WALKER said that before the next session
of the Legislature of Mississippi, the election tor
Representatives will have taken place. But II TINS
| bill should become law, it would be like mandate
to the State reassemble the Legislature in order to
make different provision the subject OF election
| from that which existed by law. de called the
attention of the Senate for few moments 10 single
point in the case because IT the great point oil
/ controversy, and it was, whether Congress-admng
the fact that Congress has the constitutional power
under the term manner in the Constitution to DIS
| trict a State-can command the States to exercise
this power. Itappeared to him that the power claimed
to make State pass particular law was subverslve OF
the principle which the Constitution was based anu
was going back to the principles OF the old conede-
ration. 1t intended by the trainers OF the
Constitution that collisions should take place between
the States and the General Government, and that
Congress should dictate to the State Legislatures to
make particular law, because Congress could not
command the State Legislatures to pass law which
they believed TO be unconstitutional Congress might
execute a law citizens which they believed to be
unconstitutional and take il to the Supreme Court OF
the United States and get decree confirming the
power. But who ever heard Of compelling man to
vote for law which he believed to be unconstltu-
tional They might as well compel a Judge to de-
eide on a law which he believed to be unconstitu-
tional The President of the United States beng
sworn to sec that the laws be executed, would be
obliged to compel the Legislature of State to vote
for law which they believed to be unconstitutional,
and then the Governor to sign 1t.
Mr.. BAYARD remarked that the Senator from
Mississippi had asked could it be possible that Con-
gress could pass law which could not be carried IN
to execution There was provision IN the Consti-
luton which said that Cong. shall have power TO
provide for organizing arming and disciplinng the
militia, and for governing such part OF them az may
be employed in the service of the United States re-
serving to the States respectively the appointment o.
The officers, and the authority of training the militia
|
Now it would be seen, from this that if the States
should not appoint the officers there would be no
mode of carrying the law into effect. The execution
Of the law, therefore, depended on the States them
selves.
Mr. WALKER would ask the Senator whether he
would even under this clause, pass law to appoint
officer, !;
II Mr. BAYARD remarked that he had answered the
specific proposition, and that ne would reply to the
question Just propounded at another time.
Mr. w AlIkER said that II Congress could notaJ-
point officers they could not pass law. lfths power
was reserved to the States, Congre must wait until
officers were appointed by the States and nountll then
Congress could carry its law into effect SO far as it
was allowed to do by the Constitution. The
clause quoted by the Senator showed that the States
had originally possessed the power of appointing Off.
GERS and had not surrendered; therefore the States
must now first appoint officers
Mr.. GRAHAM remarked that with the permits
sion of the Senator he would state that there
case in which Congress could pass law, and have
no power to put ii into execution. lie meant that
Congress might pass a law directing the time when
electors should meet for the purpose of voting for Pre-
sdent and Vice President and he would sGgges, that
If they should fail to the day designated there
power TO punish them nor could they be forced
TO meet.
Mr.. WALKER replied that the observation Of the
Senator did not meet the at all. 1t did not prove
that the Congress of the United States could pass
law making the Legislature appoint time when the
people should assemble and elect electors Tor Pres-
dent and Wee President IL Congress should proceed
its WILL in this case, it would not address
itself to citizens of the State refusing TO vote but If
the officers who held the election should fail to obey
the mandate OF Congress they could be punished like
| a marshal or an Executive officer OF the Government
who refused TO obey law ofCongress, and who is anne
nabe BY refusing to execute his duty in pursuance Of
an act of Congress. But could Congress punish a
State Legislature for violating what was called a law
without any power of eXecution-wthout any power
Of furnishing breach OF law Congress could pass
laws necessary to carry into effect only such laws