The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1842-05-25
CAMDEN, souTHoARoL1NA, WEDNESDAY,, MAY IS, $40.

o. d. y. -
general ticket. would refuse to recognise
them as members. of Congress.
The gentlemanfrom Georgia, (Mr. Col:
quit and the gentleman from Alabama,
(Mr. PayneO haye,both contended that ii
would be unconstitution for Congress to
district the States, because it would inter-
fere with the qualification of members. II
this argument be true, then all the States,
except Missouri. Mississippi, Georgia, N.
Jersey, Rhode Island, and New Hamp
shire, have been iRtopen violation of the
Cnnstitution-someo of them for the last
fifty wears. But, sir, this argument is Ut
terly fallacious, because, so far, the States
have pursued theft own policy in this
measure, under the express provisions of
the Constitution; and until Congress su.
persedes the power given to the States,
either system is not onl v constitutional, hut
lawful. Besides, hesamendment does not
propose to fix the residence Of member
TO any district of the State; bnt simply
that the elections shall be held by districts
The residence Of the member elect may
be, as it has been, in another district than
that from which lie is elected. The gentle
man from Georgia has even gone farther,
and denied that Congress cen district a
State at all. If Congress cannot, the
State. cannot; for the fpower no where ex.
listed until the Constitution conferred it
upon the States, feservng to Congress a
controlling or superseiling power. This
argument Of the honorable gentleman was
to me SO visionary, that Twas startled al,
the ulterance of it; and am sure the gen
tleman is entitled to all the credit of being
the original discoverer. The power Of
Congress over this subject has been gene
rally conceded by those who have opposed
the amendment; and we'll it might, for it
is TOO obvious TO merit serious refutation.
While gentlemen have conceded the pow
or, they have disputed, with zeal and abil-
ity, the expediency OF an interference by
Congress. To that point | shall direct my
attention, after making short quotation
from that illuslrious and eminent states
man, and true and incorruptible patriot,
George McDuflie, in report which he
made to Congress in eighteen hundred and
twenty-thrce in which this subject, in
connexion with choosing electors for Pres
ident and Vice President of the U. States,
was treated. In thatreport he says:
at has been seen ,hai'lhe times, places,
and manner of electing members of this
Honse, are now liable to be prescr!b9s91 1IS BY
icct to the controlling and superseding
pOmers Of Congress"
This sentiment fully corroboratcs the
view | have taken; and if | err, am will
ling to take protection under the broad
mantle of this great and undetermined
man.
1t has been alleged in this debate, by
most of those opposed TO the measure, that
i, was ultra federal in its character, and
prustration Of Slate-rights. l profess, sir,
and have always professed, to be what is
called all ultra Slate-rig hts man; and ifthis
is federal measure, | have all along mis-
taken the true Slate-righls doctrine, or am
in an cgrcgious error now as to the true
character of the amendment.
Without intending to enter into full
discussion Of that doctrine, | may be per
mi,led to state briefly my opinion. The
S,ales are sovereign and independent in
all powers incident to Governments, not
expressly granted By The Constitution to
the United States. Neither Congress, nor
any department of the General Govern
menl, have right 10 exercise any power
not expressly granted, or which may be-
come necessary to carry those grants into
execution. Neither have they the right to
interfere in the internal regulations of
State; and ifCongress exceed the express
powers thus granted, the States can and
ought to. refuse obedience to law not
passed in pursuance of the Constitution,
because, having no such power, il is null
and void. The State and General Gov
ernmenls are each to be kept within the
strict limits of their several spheres. The
States have full power in all questions af-
feeling their own Internal policy, and the
General Government only such powers
as were impaired, by the States. The
General Government has the undoubted
right to coin money, or make post-roads;
and it would be usurpalion OF power for
a State to exercise either of these powers,
or any other equally plainly denicdto them
by The Constitution. believe The Gene
raj G,vornmar, is supreme in all powers