Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-08-30

be inflicted by that tribunal 70 which the Constitution
has given exclusive jurisdiction in the matter-the
House itself And suppose The Ilouse choose to admit
the members elected wbat yIll your law be WORTH
Can you expel them? wilE2ppr law drive them out,
will it dsorgsnze the HonSEof Representatives It
will have effect operuti6h whatever Ii will be =
nuliiy, and therefore UNCONSTITUTIONAL; because every
constitutional law can be enforced. This will be 4
brutasa faiatn-of no more value than so much
blank paper But there we're other matters connected
with this bill, which rendered highly inexpedent and
improper. Mr.. Walker here read and commented
upon that portion of The bill relation to the tes,imo
n.y. Mere hearsay evidence zen inquiry into the pc.
ca character and opinions Of the votes-seaeralond
vague impressions To his political opinions,
be taken evidence whether he voted for sa.nst
particular candidate. Was rot this a violation OF TIE
great fundamental principles of the common law? 1t
settled rule of evidence in every court that mere
hearsay evidence canno, be received as testimony.
| 1t was perfectly well known that, in some of the
States, two ut the lcusi,) the elections had already
taken place, and they had had evidence that Georgia
would not obey the law; and st! later, two among the
largest States in The Union had attempted TO carry into
effect lis provisions, and failed. The Legislature of
Pennsylvania had after great effort 5greed upon Il
law but the Governor of the State refused his sancton
and therefore the congressional elections put over
for year. Next Ohio And how did the matter
stand there? When the majority were likely TO agree
upon law in conformity with Tie mandate Of Con-
gess, the minority resigned their seats, and dissolved
The Legislature that congressional elections could
be held in conformity with the recent enactment Of
Congress. The Legislature Of his State, he per-
cered from the public papers, now debating the
question whether they would conform to the law. And
in this state Of things and wi!hln he had hoped 4
very few days of Tie close of this the longest
of Congress, he believed that had been held they
were called upon to do-@h hat ito pass another law
attempt TO enforce upon the States of this Union What
they believed TO be unconstitutional principle &C.
clarng what should be competent return Of MEM
bers elected to the House OF Representatives.
The bill a violation Of the Constitution in ano.
Their particular. II not merely authorized, but il
CURED and compelled certain hcers under the Stale
Governments 10 perform certain 6u:,ea. il they
officers amenabe to the power Of the FEDERAL [rssla
ure. pom this point, The supreme Of the Staes
where the question had arisen, had decided (and the
decision had been affirmed bv the Supreme Court of the
u that State officers and particularly Justices ct
the peacs-cou'i not tie compelled 10 perform any act
i'll obedenr, 20 he mandate Of the Federal authorities.
lie denied .h4 Congress had any right under the Con-
suon &c 9est in Justices of the peace, this bill
tempted To- do, the power 10 fine and mprison
He would not at this tme-nas much as he did not
speak for The purpose Of consuming time but 10 stat.
the objections which he sincerely entertained 10 the
b-pursue II, debate farther, until he heard some
plausible ground assigned for the passage Of such
b--a bill which he must be permitted TO say was oh.
noxio in all lis features, and clearly UNCONSTITUTIONAL
Mr. ALLEN moved 10 strike out that part Of the BILL
beginning at the word "That in the second line OF
the first lection, and ending at the word "House, in
the Sc, ID section, as follows:
hozed by The laws of the several States TO make the
final and ascertain determine who elect.
ed members Of the House of Representatives of the
Congress of the United Slatea TO commission such
rsons proclaim such results forthwith after the
suit shall have been known, 10 ransmlt duly authen-
tcated copy of such determination, commission, or
proclamation, TO the Clerk Of the House Of Represen-
tat;ves; which determinations commission, procama-
ton, SHALL ct the State is entitled TO than
Representative designate the particular district for
u r. 10 oil pG from u,ip ~
the commencement Of the first session of every Con.
gress, shall be the duty Of the Clerk of the prece-
ding House, or in of his death inability to aci
then the chief clerk in his Office, prepare list Of
the members elect for the organization of such House
Prorided, He thall place The name of no person
said list who does not appear 10 have been elected
Representative for single district pursuance Of
the act entitled IAN act for the apporonment of Repre-
sentaves among The several States according TO the
sixth census approved June 25,b, lsi2.
"Second. That if such officer board shall neglect
10 perform The duty required of them by the preceding
section, II shall be the duty At such Clerk to receive
lieu thereof, such determination, commission, pro-
camoiion, duly authenticated copy of the same,
from the member elect ard TO prepare his list accord
ingy; but no other evidence of return shall be
ceived by said Clerk authorize member to take part
in The organization of the House.
A md TO insert the following amendment:
"Tha the second section of the act entitled tAn act
for the appor,ionment of Representatives among the
several States, according 10 the sixth census be, and
the same is hereby, repealed
Mr. ALLEN observed that that section Ind under.
gone very full and elaborate discussion when the uppor
tonmen bill before the Senate and vurious amend
ments had been proposed, but they all voted
down-no, because they were deemed unnecessary,
but because, If again placed in the power of the House,
it feared, by the minority here, that would not
remain part Of the bill Public feeling, as far as it
had been manifested upon the subject was decidedly
hostile 10 that section of the bill That section had
given rise to the necessity for this act, and Senator's
were still unwilling that II should be repealed They
were about 10 throw rebrand of d;scord and dissem
sion into the House Of Representatives at the com.
nencement Of the next Congress They were about 10
prevent the organization of the House; and they
about to do this, knowing that the majority in that
House, at this Moment was far from being such
presented the feelings Of the people of this Union lie
called upon Congress to pause in its revolutionary
reer lie moved the repeal of that section, because,
frs he believed ii was unconstitutional and, in the
next place. because its existence would lead to con.
sequences which they would all have reason 10 deploe
Mr. WOODBURY. said he would not al this late
day, have obtruded himself moment on the lndul-
gence of the Senate, had not The State which he part
represented, spoken most strongly This subject It's
Legislature had with great deliberu,ion, pronounced
the clause in the apportonment bill, directing the
States to make single Districts both inc xpedient and
unconstitutional In that, lie had been fortified
similar views expressed the same point, on q for
mer occasion. He regretted that prominent object
in the bill before is 10 enforce that un warrant
able clause. il is, therefore, void IL seeks 10 carry
into effect mandate issued 10 sovereign State which
yon authorized to issue, and TO 10 il by disfranchs.
ing not only the State, but lis people, they have the
Grmness and independence to protect their own rights
Had the clause III the appor!ionment bill been only
advisory and been so treated by Congress- the present
measure should not be resored TO. But this measure
treats II as an order-a dictation and tries
pose penalties State dsobcdience. In this ay the
States are to be considered servants, and we
their masters
concede that Congress had power to make districts
ITSELF If the States neglected their duty, and the cleo
tive franchise of the people likely be lost. But
no such existed for lis interference. And there
had, Congress should have finished its own business
carried out lis own dis,rctiEgand not have dictated
to the States, that the latter should obey perform
what belonged to the forincI d. m fear of rains and
penalties under any omission. In that case should