Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-06-07

: ',r rosied be the Constitution in Congress
any legislative control over The Legislatures
Of the several States. =, l.
a., Snor.,ns corrt- for instance, with regard to the
,src,se e legislative power by Congress 10 confer
uredc;ion on State court or State magistrate; ana
m con,euded that if Congress cannot do this, can
not confer any jurisdiction or power ON staie
IL ;oos,ed TINT even Mr. Hamilton, with all his APP
,;,uds 10 look With favor the exercise OF power,
pever went bey ond the assumption that IT was only III
,se re NEGLECT ncapacty, the refusal OF the States
that Congress could act in reference to the tinle
manner or Mace of electng Representatives.
IrConrress now exercises this power, where VIII II
end, What will become Of the boosted sovereignty OF
the States' :.
Mr. WILCOX objected 10 the clause under dis
cussion, on the grounds OF unconstitutionaiity. lie
also Objected on the ground of the nexpedency of in.
,rGrno with the States without any direct necessity.
He had further objection was, that II this bill were
passed with such clause, 1t would be an incentive TO
such States would profess 10 exercise control over
IN resist lis executions and would thus lead TO col
l,sion with the General Government, without any
means on the part of the latter 10 Inantain It's own
law lie did not any necessity or proprety tor tins
interference lie thought il was an unconstitutional
xercise of power, and he should vote 10 strike out
I e section when that question came up
Mr. TALLMADGE observed, that in reference 10
the remarks OF his colleague Mr. Wright yesterday,
about the difficulties which would arise IN all attempts
to adjust districts the State OF New ok he thought
his collea que had imagined what would not occur lie
had been looking the census returns OF the coun
es in that State and lie certainly discovered that this
adjustment could not be made without dividing coun-
ties But he aware of any serious impeachment,
IN practice TO The division OF counties; It was thing
which hitherto had been practised IN the State upon
particular occasions. lie enumerated some instances
IN " ch counties had been divided without any IN
Convenience. And as to the gerrymandering complain
ed Of with regard the city OF New York, he con-
ceyed that would be carried on whether the CITY was
dsriced or not unless there some general law 10
prevent the praciice.
BELIEVING that there was no constitutional doubt Of
the power of Congress over the matter and believing
that the plan proposed would create uniformity and best
secure popular rights, he would vote in support Of the
clause under discussion.
Mr. MERRICK observed that the people Of Mary
land very much IN favor oil the district system,
but were opposed 10 any arrangement winch would
ob!irc them divide their distrcts-they wished to re-
tain the right of regulating their own districts them
selves lie would therefore vote against the Judiciary
Committee amendment but would vote IN iafur oil The
original clause.
Mr. RIVES observed that, although he considered
the letter of tie Constitution was conclusive that Con
Grcss possessed this powcr did not seem 10 MN that
The case existed which called Tor It's exercise Though
the power given BY the Constitution was understood to
extend to other cases than those of specific failure
refusal vet tie States in ratying the Constitution,
expressly stated their understanding that the power
should be exercised, except IN cases oil failure or
refusa-it appeared to him that II would now, with
a full knowledge of this understanding, be breach OF
good faith 10 exercise the power when no such case oil
! failure or reiu sal exists.
The want of uniformity which is now complained Of
has existed from the beginning OF the Government
down the present day. lie enumerated many States
which had changed from the general ticket system to
the district system and asserted that the number at pre-
sent practising the general ticket system did not eX
coed FIVE or SIX THIS less, instead OF greater
number than hitherto; and therefore he could not see
what there 10 Justify the exercise OF power now
hch looked upon with great jealousy when 1t was
given, and which, 1t understood, was not to be e1
ercised but in the last extremity.
| Ii is a power of the most insdlous and dangerous
tendency. This being the character OF the power-an
obirusivc power to regulate the domestic arrange
ments of the Sates-he would ask, WINS proper, was
noxous powers:
He could find no analogy for such exercise OF the
double power of legislation but in the action OF Grea
Britain in its interference with the colonial Legislation
of this country at the time OF The Revolutions and wha
was the consequence, Ii was the ACKNOWLEDGMENT and
breaking up ofihe greatest power earth. What did
Edmund Burke say? He said the legal existence of
power may survive safe only in dormant state; but II
may be dangerous and assrrre I" " and to other
He deprecated the exercise OF such power now, OF
on an occasion short of one mperiousy necessary
nartlc uarly of such dangerous and oosrusire power
as this All the conventions which had discussed the
subject had concurred in the danger OF thus nsldous
power; and it only under the strongest assurances
that this power not 10 be exercised, unless IN cases
Of high political necessity, that they could be induced
to raty the Constitution. No such necessity now
exists TO exercise the power, then, without such ne
cessty would be n gross violation OF good faith.
lie abhorred the general ticket system as much a:
any gentleman but he believed there might be case:
in which would he convenient for small States
than any other But he fully believed that the popular
c,ol tho sol IA
let alone by Congress- in favor Of the district system
Exercise this power now, and what is TO prevent the
next Congress from reversing the system, and USING
the same power compel the States to carry out the
general ticket system uniformly In the revolution:
of parties it was not improbable event that anoihe
and different party might have the control OF Legislation
here when the next Congress meets II relentless
heartless party organization should prevail, 1t nigh
naturally lead 10 the control OF the elements OF III
own aiion by the adoption of the general tcke
, system.
He would say 10 Senator's that when voting Tor h'
exercise Of this power, they were voting Tor bloody
notwithstanding for the filing up OF the poisoned
chalice which to be returned 10 their own lips
quatf.
His conviction vas that if the States let alone
no case would for the necessity of interference
II the only way 10 avert The hearess and desPou
orGanizaton of party power lie would vote agalns
the mendment, and then against the original section
Mr. MERRlCk observed that different minds cam
4
the of this power will lead TO the universe
! adoption of the general ticket system tie (hlr M
0 conceived that the non.cxercse of the power won
lead TO that result. This the time TO adopt IN
district system, while Congress had the power to do
4 II it done now, ii nigh, be considered permanent
the popular feeling already strongly in its favor
and would he confirmed in il when made general.
! Mr.. RiVES said his honorable friend had rcasonc
as If the district system would be irrevocaole u nov
settled But could the Senate be blind to the fact, tia
if the district system is carried now, II will be by
party vote and Tia; If another and different party
in power next Congress-, they will revoke the system
aud adopt ,s opposite? What State what portion
the community had complained of the liberty now en-
oycd by the States TO choose what system they please
The great evil was, that the legislation of the Genera
Government would be exercised by the cold, heartes
policy CT closely organized dominant parties, from th
antiques Of which nothing short of the destruction
oar institutions could result The party powe
sets the example Of using dangerous, dormant powe
for party purposes and The next party in power will fol
low n IN their