Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-07-23
From TIE Nsiioaai inienreneer.
THE APPoRrIoNMENr ACT AND THE
president APPROVAL OF IT.

Adams was Chairman. That committee through
its chairman made report upon tho subject on
Saturday last, as already noticed, concluding with
resolution proposed by the committee for adoption
as an expression of the opinion Of the committee
and oil the House. The graiter part Of the report
is constitutional examination and argumenlativs
denial Of the right Of President Of the United
States TO accompany his appreciation Of bill pre-
sened to him by Congress with any qualification or
reservation whatever. But tho latter part of the
report is devoted TO tie exposition by the committee
OF its views Of the reasons given by the President
for those objections TO the which he waived out
OF Difference TO the expressed will OF Congtess: and
the subject Of that part Of the report being Of much
immediate n,eres, aud general concc nmen,, W have
thought that, not being able readily to spare room at
this momen, for The whole report, readers would
b. OBLIGED to us for that par, oft which bs,rs more
d reetly than the rest upon the politics of the day.
We insert it therefore as foow,:
rxrRAor FROM Mr. AnAMs's REPORT.
Inc fresdent announces that Of his rec )ns for
entertaining deep and strong doubts Of the consu,u-
tionalty CT the law which he has approved aud
signed is, that Il purpor,s TO be mandatory on Tho
States To form districts for the choice Of Represen-
ta,iso, IN single districts.
The committee believe thi, to be by far tho
"'sN i"p''hhN hHu UlnSt useiul provision OF tha
act. They believe, indeed, the establishment, oTths
principle absolutely indispensable TO the preserva-
ton OF this Union. The representation Of the Peo.
pie by single districts is undoubtedly the only moie
oy whieh inc principle Of representation, in proper.
ton TO numbers, can be carried into execution. TIE
provision OF the Constitution is that the Reoresen
h,ives shall not exceed for every thirty tbou,
ana oil federal numbers and every &C, OF arporion.
ment has necessarily prescribed one member for
every addition nf the common multiple within each
OF TIE several States. a more unequal mode Of
assembling representation OF tho People in a dc.
Lucrative body could not easily he contriyed than
'hN OF ono portion chosen by a general ticket
throughout the State, another portion bv sin ia
districts and third portion partly by single and
partly by double, treble and qundruplc districts THIS
forms, IN the mas, representation of one rem.
resentativo Tor the common standard number
throughout the whole Union, but of States and
ei cs, and sectional divisions, in knots and clusters
OF population, OF different dimensions and propor-
lions, more ikely TO be governed by tho spirit OF
party than of patriotism. At present. seven OF the
smaller States acquire an undue share Of locally
concentrated power IN the House, by general ticket
elections, sitting the voice md snothering the
opinions oil minori,es nearly equal To hail the peo-
pie OF the States thus ditfranchistd by the over.
bearing inso'ence OF a majority, always merger,
and as II grows leaner growing more ineNotablo
and oppressive. TIE larger States have hitherto
passed over with little notice this practical nouity
by which the State ofnew Hampshire with Eve
members, preponderates over the Safe OF New Yoty
WIN Iorty. nut IL Is IN the nature Ot thnVs
possible that this should be suffered to continue
long. The manner Of election for the members al
thi' House must be Uniform. The general ticket
or tho single district must 10 the common rule for
All and II the smaller States will insist upon send.
lnS members 10 this House all Of one mind Nes
York, or Pennsylvana, OF Ohio or all three togeth
er, will, ere long, teach them by other results the
arlhmetical combination of concentrated numbers
should the general ticket system universally pre-.
van, II obvious that the representation in this
r 4 ~ "a ffur har.
presentation OF the People to a repre.entation Of
States, and transform the Constitutional Govern.
ment OF the United States into mere confederation
IKE mat which, nifty four years ngo, fell pieces
Tor the want OF lsatures TO hold il together.
IL IL in the spirit of this dissolution Of the Con
,iitullon, and consequently ofthe Union that the
P6esden; records his surrendered doubts of the con
slLutonality OF the Appor,ionmeni Act, becaus. IL
puTports TO he mandatory the States TO form dis
lrels Tor the choice Of Representatives to Congress,
m single districts. But what schoolboy does moi
kno" that 10 IS The vital property Of law TO he man.
datory-ihat what is not in1atory cannot be law?
line very definition of municipal law by the great
Jurisis OF England, IS rule Of civil conduct pre.
scribed 10y the supreme power Of the State. com
manGing what Is right, and prohibiting what is
wrong. IL IS equally clear that the existence of
liberty herself In any community Of men, is identi.
cal with the mandatory character Of the Iax and
the only distinction between free AMI an arbtrary
Government is, that one is a Government of laws
and the other Government OF men.
is the objection Of the Presidcn, that this manda1
tory character Of the law is made applicable to Ind
action OF the sovereign SrATEs2 But the law de
rives its mandatory authority from the Constutiot
itself, which the States have bound themselves bv
the most solemn obligations to obey. The com
mand Is IN The Constitution, which has in expres!
terms vested IN Congress tho power exercised M
this section Of the Act. The President admits tina
the power Of Congress, by law TO alter State resu
la,ions respecting the manner of holding election,
Tor Representatives, - clear but he has felt deer
and strong doubts OF the power TO command III,
States TO make new regulations, or alter their ex
isting regulations.
This objection would invalidate every apportion
ment act which has been prescribed by Congres
turing me existence Of this Government. Ever,
new npporilonment act not only nnnuls the resula
t'ons provided by the laws OF the several Statest
mold elections OF Representatives under the nreced
ing apportionment, but is mandatory TO the State
20 provide regulations for holding the elections with
IN the states, cOnioTmably 10 the new apportionnnn
law enacted by Congress. In every successive mn
portonment law, the number of REPRESENTATIVE
this House which many Of the Stntes have bee
entitled to send during the preceding ten wears
increased or Diminished; and tho numerous Stat
legislatures which have been so long waiting f.
the legislation of Congress at this time and ON III
subject, the special extraordinary sessions wbic
more than one CT those Legislatures have been mn
der the necessity Of holding, have all been cause.
by their indispensable duty to provide regulation
Tor giving effect to the mandatory ojunctons of IN
Congressional law.
The objection TO the mandatory Oh arcncter of IN !
Ia" has on aspect so extraordinary as to be some
what whimsical, when we consider that the pove
m Congress, admitted by the President 10 he elem
81 distrctng the Stale by ils authority il niue
heavier and moro searching in its operation tn,
that winch he considers as so question: bic. Th
election Of Representatives to tie National Iepis
lliurc IS not a burden. hut precious priv Ice,
The geogra phical dys on Ofihe tsrrory ofthe Stat
according TO the number Of the Representative
allowed to the State 10 this House. is an operatio
obviously better suited TO the action Of tho local lie
gisaiUre than 10 that Of the assembly representa-
the whole Union. The assignment Of that opera
ton, therefore, TO the State Legislatures; thoug
mandatory IN form, is in substance concession q
power and II is strange, passing strange, to fnt
even the most Jealous and most Jealous vindicnto
Of Stets rights complaining Of an inves.mento
authority IN the State asa gsievous usurplIlon
authority ofCongrefs.
The exposition Of reasons for approving nm
signing the bill has still moro singular nppolranc
Of inconsistency, by the Undertaking intimaton tho
these questions Of the eonslituiionnity Of the law
and Of it's mandatory character, are br6oding anon
the rancorous and vndictiye passions Of IA ime
and nalmmaiory Partisins. reserved for ex,snera
ted alteration at the Threshold Of the 2sth Con
gress. !! would II, in the foresight, II nc
in tho aspirations OF the President, sufficient Is nc
unto tho day the evil thereof.
This is not one OF those laws the consiitutionaln
Of which will have the beneh, ola fair and imparts
decision by an independent judicial tribunal. Til
House - made, Ivy the Constitution, exclusive
the Judge Of the elections returns, and quifcatijr
Of Its IN members. The questions Of construcuO
and or coosiitutionalty, stimulated by those surren
tIcfcd nj YETI cd d,ttife IL