Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1842-11-26

| This language was plain, unanbiguous
and undisguised. 1t was the language Of
the MASTER to the Serpdat--" Each State
shall be divided By the Legislature thereof"
by this we know what was intended b,
The mover. Blu, it would seem that The Ian.
guage was too plain, too papabIe; for.
while in the final enactment the substance
was preserved, the peculiar phraseologS
was changed. The following is the Ian
guage OF the second section OF the act, as Fl
nally ndop,ed:
THAT in every case where state is emil
led to more than one representative, the
lumber to which each State shall be emit.
| led, under this pport,onmenI, shalt he cleo
ed by Districts, composed of contiguous,
erritory, equal in number to the number OF
Representatives to which each State shall
ne entitled; no one district clec,ing more
han one representatives"
In this provision, tie bold and authorize
tive command, Each State shall be divided
D. the Legislature thereof is dropped, but
tor it is substituted language which, though
"qua1y efieclual,i is more disguised. Why
this change? Why is the indirect substliu
ed Tor the direct command?
|, is commanded that the number Of rep
reseniatives, to which each State may he
entitled, shall he elected BY districts, and
vet no districts are iormpdl The answer
of all is, by The Legislature of each State.
And why are they to be thus !ormea? Be.
cause Congress has commanded it.
Viewing. then, the action of Congress on
this subject in the light OF a command from
that body to the Legislature of the Stute-a
command which, under the Constitution.
Congress has no right to give, and OF conse-
qucnce there is no Obligation to obey, the
right of the General Assembly to exercise
is own discretion il regulating the manner
~ choosing representatives. to the Congress
of the United States, remains unimpared
and uncontrolled. To Whatever end that
discretion shall lead, in your legislation up.
on the subject, II is due to the sovereignty
at the State, to The invioiabily OF the ma
,iunal constitution, and to its correct inter
pre,atlon, that the General Assembly should
Solemnly protest against tins first and alarm
ing attempt, on the part OF the Federal Gov.
crnment, 10 control. by its mandate, the
; legislation OF the States.
. cannot pass from this subject, without
= bringing to your notice the tact. that, in
he recent Congressional election, the free
5 men of two OF the counties Of this State
! were deprived of all participation, by the
refrsal OF the clerk Of the county court IL
= furnish the proper poll books. Directed by
law to perform mere ministerial duties, they
t assumed the power of deciding upon the va
lidity Of the laws OF the State, and, holding
: them to be annulled by the action Of Con
5 gress, withheld from the people OF these
e counties the opportunity of exercising thu
most valuable of all privileges, the privilege
e of voting. 1t is hoped the General Assem-
!, bly, will guard against the recurrence OF sim
., liar acts of tyranny, and that they will no
II do less than declare the office OF clerk for
i / tied for all similar violations OF the eec
" tive franchise.
!. By an act Of Congress, approved Sep
ri TENDER 4, l84l, there we've granted to thi
- State for the purpose of internal improve
i uent, five hundred thousand acres OF land
l. the selection to be made Tin such manner a
# he legislature thereof shall direct" A
" The last session OF Congress, this act WA
$ So far modified as TO authorize the Cover
2 nor o make the selection without conven
). ing the legislature. The grant is uncond
u iuna, witt the exception Of such land ga
!. is or may be reserved from sale b. any la,
:. ni Congress. or proclamation of the Pres
dent %! the United States" and except ais
J. hat the selection shall be made upon SUI
q veycd land, and in quantities Of not les
n Than three hundred and twenty acres in an
i one location.
y Entertaining the opinion that, under tn
l. act, land, upon whici presumption RICH,
e .xisted, could be legally selected, but tina
u rood faith required thai, if any such was S,
III Hcled, the settlers should be protected
10 heir rights, determined, with view /
81 he expense Of selection, and the facility
BIT he sales, 10 await the meeting of the egi
a. ature, and to recommend that The s. lecin,
ne made in the "pa'te country" and tn
II he law which directed the selection shoul
II ii So secure to the settlers their rights of pr
II. emplion. But in May last, received, iro
u he Commissioner of the General Land q
! flee duplicates of instructions to the reg
Is 'ers OF the land offices, copies Of which IA
e. herewith communicated. declaring, und
%; The sanction OF the Secretary Of the Treas
n, ~, that no land. to which right Of pr
lu rmplion existed, could be legally selecle
Ne and that any such selection would be ''nu.
r. fed"
" Believing this construction OF law to
IT. erroneous. sought through the medium
ne our members OF Congress, to induce Il
Secretary Of the Treasury 10 revise |
e opinion. That officer referred the subje
" to the Attorney General Of the Unit
n ~, a., e