Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1842-08-05

combination OF concentrated numbers
Should the general ticket system u.
Universally prevail, it is obvious that the
representation in this House will entire.
y change it's character, from the rep.
resentatIon Of the people 10 a repre-
senIatlon OF the States into a mere con.
federation like that which, fifty four
years ago, fell TO pieces Tor the the want
Of ligatures 10 hold it together.
1t is in the spirit OF this dissolution oil
the Constitution, and consequently oil
the Union. that the President records
his surrendered doubts of the unconsti.
~IutionaIity Of the appointment act, be.
cause 1t pufports 10 be mandatory on
the States to form districts for the
choice Of Representatives TO Congress
IN single districts. But what schooIboy
does not know that 1t is the vital prop.
erty OF law to be mandatory-that what
is not mandatory cannot be law? The
very definition Of municipal law, by The
great Jurist Of England, is q rule of CIV
il conduct prescribed by the Supreme
power in The State, commanding what is
right and prohibiting what is wrong
1t is equally clear that the existence OF
liberty herself, in any community of
men, is identical with the mandatory
character Of the law; and the only dis
t~inction between a free and arbitrary
Government is, that one is a Govern.
ment Of laws, and The other a Govern
ment Of men.
Is the objection Of the President, that
this mandatory character oil the law is
made applicable to the action Of the
sovereign StatesH But the law derives
its mandatory authority from The Con-
stitution itself, which the states have
bound themselves by the most solemn
obligations, 10 obey. The command is
in the Constitution, which has 10 express
terms vested in Congress the power ex
erciSed in this section Of the act. The
President admits that the power ofCon
gross, by law, to alter State regulations
respecting the n Of holding cleo,
tons for Representatives, is clear; but
he has felt deep and strong doubts Of the
power TO command the States 10 make
regulations, or alter their existing reg
uIations.
This objection would invalidate every
apportiOnment act which has been pres.
cribed by Congress during the existence
Of this Government. Every new ap-
portionment act not only anuIs the reg.
ulations provided by the laws Of the
several States TO hold elections OF Rep.
resentatlves under the preceding APP
portionment, but is mandatory 10 the
States to provide regulations for holding
the elections within the States, conform.
ably to the new apportionmenI law en-
acted by Congress. In every success
sive apportionment law, the number Of
Representatives in this House which
many Of the States have been entitled IA
send during the preceding ten years is
increased or diminished; and the nu-
merouS State Legislatures which have
been so long waiting for the Legislation
Of Congress at this time and on this sub.
ject, The special extraordinary sessions
which more than one Of those LeglsIa
lures have been under the necessity o
holding, have all been caused by lhel
indispensable duty to provide regulation.
for giving effect to the mandatory in
functions Of the Congressional law.
The objection to the mandatory char
acter Of the law has an aspect so extra
ordinary as to be somewhat whimsical
when we consider that the power o
Congress, admitted by the President IL
be clear, ofdlstricting the State by it
authority, is much heavier and NOR
searching in its operation than tina
which he considers as so questionable
The election of Representatives to tn
National Legislature is not a burden
but a precious privilege. Tho geo.
graphical division Of the territory q
the State, according TO the number O
} the Representatives aIIo%ed to the Stat
in this House, is an operation obviousl
better suited &c The action Of The Ioca
Legislature than 10 that Of the assembI
representing the whole Union. Tn
assignment Of that operation. therefore
; to the State Legislatures, though man
datory in form, is in substance a cor
} c~ession Of power, and it is strange, pas
sing strange, TO find the most zealou
and most jealous vindicator of Stat
rights complaining Of an investment c
authority in the State as a grieVou
usurpation OF authority Of Congress.
The exposition Of reasons for apprc
: wing and signing the bill has q sti
: more singular appearance of %inconsi
tency, by The unhesitating inlimalio
that these questions of the constitution
atty Of the law, and Of lis mandalor
e character, are brooding among the raj
corOus and vlndictive passions Of infI
med and in0ammatory nartisans, reese