Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-07-01

POLITICS..
{ From he Yollty Star, June %.
THE MASDAMI1S ACT.

Tue Whole subect has been cent back 10 the House
Representatives for their consideration again. OF these
amendments, the naandamus provision, is justly es
teemed the most obnoxious, if not the most important
and hence the manifest proprety ofdebating the entire
bill by the title which stands al the head Of Tins article
The word mandamus belongs to the Latin language
and when rendered into English implies, awe CON
mand, order or require, or some other expression
which denotes the exerton Of authority by some judI
cal or political power in the State, of acknowledged
superiority In legal science, it is the OF Ger
tain writ which is directed by higher 10 lower cour
ofjudcature, commanding II to do particular act
abch has either failed refused to perform and
this The chicf oce which has been assigned TO thu
Apportionmcnt bill in lis amended form, it wonlt
amount misnomer, think 10 call by any olhe
then regular writ Of mandamus, dIrec!e
by the Federal Legislature to the local administrations
Of the several States, rCmmandtHg them TO institute
radical change in their systems OF election depTlving
them their constitutional ght 10 prescribe by the
laws the times md maHRcr Of choosing their ma
tona representatives, they have always been accus
toned to de-, and requiring them promptly and strictly
TO conform their future legislation upon the subject tc
the mandates of Congress.
II is a bold and daring encroachment upon the right:
of the States, and IS evidently designed, in connexIon
with the bill to extend the jurisdiction OF the Federal
courts 10 bring the yetree and independent States o
this Union under complete sub lection to the Federal au
;hor,y. VIII John Tyler, distinguished as he is for
The rights Of the States, give efficacy TO The blow which
thus levelled al them, by yielding his official sanction
either one Of these odicns, Hyh hdndcd ahd uac0n.
stifnti0nai project of the Federal Wings? few days
will determine and then, the language OF our vene
rable friend Of the Enquirer, nous rcrrons For our
selves, consider both projects pabe violations
OF the CONSTITUTIONS and in regard 10 the .hdnd0naS
act that besides the objection applicable to in tins re-
spcct, II has the additional sin TO answer for, OF being
dictated BY considerations looking alone TO the ad.
vancement OF party, regardless oil IT'S bearing ior
good or for evil for welfare or for woe upon
The great and the diversified interests OF the conn-
try. Upon fair and honest Interpretation OF the
Constitutions il evident that Congress is prec!uded,
under rstinn circumstances, from exercising any
troll over the States This particular, and any attempt
TO coercc them is manifest usurpation Of power. Tie
only clause in that instrument bearing upon this sub.
ec Is 10 be found in the 4h section OF the lst article,
and is the words following, to wit: "Ihc times plarcs
mt m nner OF holding elections for Senators aud Re-
nrescnaiiycs shaH be prescrthcd in each Sptc by ME
Ltris!1ur hrtof; but the Congress may nj any time,
by law make or alter such rrguiaons except to the
places Of choosing Senators. This is all what then
IS the ne Interpretation of this section, aud what DIS
postio has il made of the power in question: Does it
las is !, th,s late day conended) submit the egula.
lion ~ elections for Federal Representatives c1
cIusir. n either TO the National 10 the Stale Legs
lares or does it not locate the power primarily in the
ha dnf the latter, reservng to the former SIMPLY the
nma;e right, of in,erposng lis authority when CIR
c. AZ noes shall arise rendering that interposon ne
cesa the existence, or 10 the safety OF the Govern
cni IF this is not the true interpretation, and the
intended 10 invest the National Legislature
= n rIciuSirc control oyer the elections, where vas
le ne. essy # making it imperative upon the States to
,escrc, any regulations whatever upon the SUBJECT
d VIA; The object 0. conerrIng upon Congress The
ss,zs ts,ower embraced in the concluding clause OF
.he ,sS '-.e Certainly that object would nave oeen
ter atcned iy the employ 'ncnt OF language less
r. uous IS character md better adapted 10 The
oppression -. $ isolated idea On The other hand, II
the interpretH IA contend for IS the correct one
and the Constitution au,horses the States to exercise
the control in the first instance by prescribing such
rs in their discretion they may deem best
then how is tie power which is asserted in the maada
turn clause of the Apporoument bill, 10 be defended
bv those who voted IN the affirmative upon It's pass
are We rArsE roG RELY II appears 10 us
That IL is impossible 10 regard tins act OF The Senate
ia any other light than direct encroachment upon
the rights Of the States, and gross inirac,lon OF
the fundamental law oil the land. The only power
which Congress possesses the subject rs contn-
rent in its character; evidently conferred Tor the
purpose of arming tie Federat GoreTnmen 'cah the
mans Of prcs1rrng lis orn fristence, and until Ma
has been endangered by the omission Of the States TO
yroride for The fhoiec Of htr Fcderal Representatives,
no pretex whatever exists for its interference. 1t IS
not pretended that any OF the States have omitted 10
make such provision the country has never o"en
alarmed by any threats Of the kind, nor IS there any
thing in the signs Of the times TO justify the appre
!pnson that any plots have been SET on loot w'lli 'n
States for the humiliation of the Federal Government
The ccsuS nderis then, which is contemplated IN the
constitution has not occurred, and the proposed handa
INNS act must therefore be regarded as an unwarranlaoe
with the affairs of the States in audi
ton 10 this should not overlook the important act
That the uniform practice OF the county, from the origin
If the Republic down 10 the present day, perfectly
With the construction which IS here contended
for The several States the Union have Away enjoy.
cd the priyere of providing in their own way Tor the
choice of their Congressional Representatives and no
otoupt has ever been made 10 deprive them OF IT, until
Whggery in its impotence, originated Inc inul lnea'
sure which is the subject of these remarks But IT the
,raciice was wrong in the commencement, or attended
With auy bad effects in it's progress, IS 1t probable that
Il would have begun with the very beginning OF the Co.
vernment, have been permitted to continue Tor pc
Rod of more than FIFTY YEARS, without sheie eH'i'
having ever before heen made TO correct IL Is IL mol
far more probable that Whiggery this, as on many
occasions before has utterly dsre5arded the Limitations
Of the Constitution and in originating this, her grand
scheme for TIC subiHgG;i0 of the States, has sci ITS
hirh authority at defiance. But there are other
asnects in which this subject may, and shon'a he
presented TO The public mind Let suppose Tor lhe
sake of the argument. that the contingency has actual
" arisen Which would justify the interpostion OF the
Federal authority let suppose that the ic oil The 20.
vernnent was threatened by the continued refusal Of
the States to comply with their duties under 'ie ooh-
suon; can il be seriously maintained that the man
damus act oftIe Senate is the measure which the Con.
stnon outhorses Congress provide in this image
nnry emergency; Let the Constitution Itsei be REFER
red 10 for the answer The course which Congress
must pursue in the supposed IS there laid down as
perspicuously if had been delineated with sun
beam They must by lac mike or alter such rcS"ia-
fions: that s--tley must proceed in regular course
of legislation, enact an election law laying od the
c,,,.s into Districts prescribe the times and OF
holding the elections, create q batch of Federal off
GERS TO surerntend their execution and set out IN
uncquivoca terms the pains and the penalties which
are to be visited upon such of the States as may prove
obstinate or refractory under the Federal bit rms,
however, has not been done proposed TO be done IN
the aadnus act--that is but nsoent order direct
ed Ia the States requiring them 10 organise themselves
rifhont lass Of time into regular corps oi ,nWSe'
1iai arcats for the execution of the Federal DEGREES,
ard commanding them TO do that which Congress its
drc not undertake under the color OF her usufped hh
tho i,y and under the responsibility of her own name
# lacks the form well the substance OF regular
enactment and is in no shape adapted 10 give practical
efficacy to tie ultimate, resereed contingent authority