Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-05-17
Tw ENTY-SEyENIIT CoNGREss--2d Session
DIsrRlCTING or THE STATES


States, according to the sixth census.
Mr. j. c. FLOYD addressed the committee as fol-
lows:
Mr. Chairman: The bill under consideration is one
appor,ion among the several States their proper re-
presentation in ,hs House, according 10 the census
of 1910 To this bil the gentleman from New Jersey,
mir. fialstedl offered an amendment, and afterwards
accepted substitute for IL, the following from the
gentleman from South Carolina, Mr.. Campbell
Sind further enacted, That in every where state j.
than Representatives the number to which
shall be entitled under this superintendent shall he
elected by districts composed territory, equal in
number Representatives. which said state
he entledo district .ectng more than one Repre-
sentative
The clause OF the Constitution which is supposed to
authorize this law is the fourth section OF The first ar
,icle, and is in these words
Ihe times places aud Of holding elections for Sc
nato and Representatives s.a. prescribed in each by
Legislature thereof but hc Congress may u: any mc by
law, make or alter such regulations except as " c ia'es o
choosing Senators"
Now, Sir under this clause of the Constitution,
DENY that You have ans right 10 adopt the proposed
law al this time In the first place, II Congress has
the power divide the States nO districts, II has no
power TO direct tie States 10 d"de themselves into dis
trcts The States sovereign and independent IN
their action, wherever they have The power to act al a
and you cannot bring them under Illuminating sulJcc
lion 10 the General Government, by directing how
they shall exercise their sovereign powers THIS has
been fully argued by Others that will add no more
upon THIS point.
Gentlemen have debated this amendment as if ii
presented the question between the system Of eectng
by districts and election by general ticket in each
State: and we have heard eloquent arguments, show
ing tina; the election by districts the proper mode
If this the main question, might well inquire
whence this great anxiety TO prevent that OF when
there is danger for, in the whole Union, there are
but four five oi the smaller States that elect by
neral ticket Nor if the danger OF election by all
the States by general ticket mere threatening than
il is does the proposition present remedy for II thus
Congress direct elections TO be held by districts,
may not the next direct them TO he held by genera!
ticket And If this is mode o, election to be depre-
Gated is there here who Will pretend that there
is less danger Of its adoption by Congress than there
is by the Stale Legislatures Oh, no, Sir: it not
question between the district system and election by
general ticket but 1T is question between the Gene
raj and the State GOVERNMENTS it IS embodiment of
the Federal doctrine OF cenraiza,lon II Is an attempt
10 increase the power of this Government, by weaken
ing that Of the States 10 take from The Governments
that are under the immediate oversight Of the people;
and confer upon this, which more remote from them.
TO make the Government strong, and the people weak
But, Sir, will proceed 10 show that the proposed
amendment both unconstitutional and neXpedient.
The convention Of the States held to form Consti
tution completed their abors III September l1s1, and
delivered the result Of their deliberations to the Con
press Of the CONFEDERATION, who transmitted copies To
the Legislatures of the several States, "n order 10 be
submitted q ventiun Of Delegates chosen each
State bv the people thereof" and is from the proceed
,ngs Of these Stale conventions that propose 10 show
the intent and meaning OF that clause of the Con-
stiuon under which Il Is now claimed that the Gene
raj Government draw 10 Itself the control OF the
election of representatives Aud what better expound
ers OF The Constitution have than those fathers
of our country, who selected y the people them
selves for their wisdom and patriotism, To consider the
Constitution which had been framed and, IN Their DIS
cretion, to rahty or reject III
/ commence with the convention of the Common
wealth of Massachusetts, which the venerated
John Hancock presided. That convention, after stat
ing, by way Of preamble, "lhat certain amendments
and alterations in the SAID Constitution would re'nore
the f,arS and quit he aPprehcnSionS of many ut the
good people oi thus Commonwealth, and more ehec,u.
ally guard against an "ndue administration RI The Fc
derat Gorrnment, propose the following auentme nt
1ha exercise the vested in them by
The 9Th section Of The Isl article but IN cases where State SHAH
neglect refuse TO make The regulations therein mentioned or
Tree aud equal enaon in Congress- ageeahy TO The Con-
stirntion."
and sustained by Samuel Adams, aud the Convention
followed tG.'T amendments with most solemn in
junction. still resting upon the Representatives, from
that State upon this floor, IN the following words:
do the and in behalf of the
pie Of this Commonwealth, enn Il upon Their Representative"
In all un the alterations and provisions
aforesaid considered aceeaby the fifth article of
the said Constitution to exert all their influence aud use ni req
legal methods obtain ratification of the said al
teracns and provisions, IN such manner provided in The
said article
SO much, Sir, for the Commonwealth Of Massachu.
sets upon this subject, And after such solemn cx-
preston of the sovereign power of that State, and
peciay in consideration OF their direction TO their Re.
representatives. To have this power If 1t exists, stricken
from the Constitution, cannot doubt that every mem
Der from that State will be found voting against tins
alarming exercise otpowcr by Congress.
come now, Mr.. Chairman, to the proceedings of the
Convention of The State Of South Carolina, of which
Thomas Pinckney was the President. And here | ask
the part cular attention of The honorable member from
that State, (Mr. Campbell who drew up the amend
mcnt under considerations; FOR, my opinion neither the
amendment, nor the reasons by which lie supported it,,
square well with what then the doctrine Of South
Carolina Ater ratltying the Constitution the con
rention proceeds to say
essential the preservation Of the rights
the strat States, and The freedom # The pcp,
operations al General Government, that the right If pre-
sciibng the tme, aud places o hcdns the elections
The Federal Legislature s."a BE- frer'r in>pare6g e"nfid e
the ought 10 all poey perpetual and
the General Government except IN where The Legislatures
according 10 the tenor Of the SAID CONSTITUTIONS
Bot, SIR, this is not all The convention, before
closing its labors, passed the following resolution:
"Rssoired That be standing
hereafter lie elected TO represent This State in the
General Government To exert their utmost abilities and influence
effect alteration oil the Constitution, conlomaby the
foregoing resolutions
Sir, have no disposition TO enlarge upon the world
wide difference between The acts of the gentleman from
South Carolina and his instructions. They had, per-
haps, escaped his notice but since his attention has
been called TO them, trust ha, he will give them that
consideration 10 which they well entitled; and
that he WILL in obedience 10 them change his PROPOSE
ton 10 exercise his doubtful power, into for
amendment Of the Constitution by which it shall be
stricken on. beyond all cay,l,
And now, Sir for the gallant State Of New Hamp
shire find The proceedings of the convention signed
by John Sullivan and John neutrality-suspicious. names
ia the annals of the Slate. And find, in the proceed
ings Of the convention, the preamble, the proposed
amendment, and the standing instructions TO Represen
,aves word for word, have quoted them from the
proceedings of the commonwealth OF Massachusetts,
Iii not necessary that should here repeat them. The
gentlemen from that State representing her inter
ess upon this floor will not, feel confident, prove
fathless servants dsobedient TO her instructions
New Hampshire will be found to-day occupying the
position on this question that she held IN es and
however estranged upon o,Ler questions cannot but
hope that brought back it were, to the infancy OF
national existence, New Hampshire and Massachusetts,
will stand now, they stood then, shoulder TO shoulder
ngans, eucroachmenls by the Federal Government.
The committee, am sure, Mr.. Chairman, will now
listen with pleasure; for ain about to read from
,f tho Of he q