Litchfield enquirer., 1842-11-03

yer. No clause m the C0nStltutlon oI the United States, either expressed or by imPli- cation, confers upon Congress this extraor- dinary power; and against it's assumption in this, as in every other instance, It is' m my judgment, the duty of this General As- sembly, solemnly and earnestly, to protest. The only provision in that instrument that relates to the mode of electing representa- tives to Congress is in the following words
 "The times, places, and manner of hold ing elections for senators and representa- lives, shall be prescribed in each state, by the legislature themselves; but the Con- gress may, at any time, by law, make or al- ter such regulations, except as to the pla- ces of choosing senators"
 The only authority here granted to Con- gress is that of making regulations for the election of its members and of altering such regulations on the subject, as may at any time be made by the legislature of the se- verdi states. But the power of Congress to coerce or command the states to enact laws for carrying into effect it's own regulations, or to perform any other act of legislation, is not granted, and does not exist. If Con- gress, in legislating on this subject, had conformed it's action to the rule here laid down, and had divided the several states into districts, for the election of it's repre- sentatives, instead of commanding the le- O1 that act, there would then have been less cause than there now is for the states to complain of an encroachment upon their reserved rights. But in that case even, it is matter of serious consideration whether the true spirit of the Constitution would not then have been widely departed from and disregarded. For, although according to the letter of that instrument, Congress may at any time make regulations for the cleo ton of its members, or alter those which have already been made by the states, yet it is power which there is much reason to believe was never intended to be called into exercise, except in the most extreme cases, where the existence of some gross ter inability to act, should render it neces- sary, in order to preserve the General Go- vernment from dissolution.
 This is the construction put upon ..,ne Constitution, not only by its fran1ers, but by the conventions of several of the states
 which ratified and confirmed it. Indeed, so
 objectionable and dangerous did the con- ventions of seven out of the thirteen states
 originally composing the confederacy, con- 1 slider the existence of this power, that they 1 protested most emphatical}y agalnst its ex- ercise by Congress, excepting only in the
 cases which ! have stated. But if it be ad
 mitted that at any time, in the absence of any such necessity as that which have
 mentioned, Congress may under this grant of power, make regulations for the election of its representatives, or alter those which
 have already been made by the state legs- latures, it does not therefore follow, nor can it be allowed, that Congress, by it's man. date, may compel the states or their legis- latures to do it. The existence of such a
 power. once admitted, would render the states entirely subservient to the will of the General Government, and would most effec- 1 tually destroy their sovereignty and inde-
 pendence.
 Fully sensible of this, the Genela1 Co.,
 vernment, from it's first organization under the Constitution until now, has carefully
 abstained from the exercise of any of the powers conferred upon it by the provision
 which l have recited, and the states have
 been permitted, freely and without com- plaint from any quarter, to elect the repre- sentatives which from time to time have been apportioned to them, in their own way, and according to the rules and regulations
 by them severally adopted. And l regret that now, for the first time within that peri cd of more tha half a century, the honor and integrity of the several state legisla- lures should be so far distrusted by the present Congress, as to lead to an attempt on it's part to deprive them of this power.- While, therefore, I would recommend the division of this state into four convenient districts, for the choice of representatives in Congress, l would at the same time suggest to you the propriety of adopting resolutions condemnatory of that section of the appor- tionment law to which have particularly invited your attention, and urging it's spec dy and unconditional repeal.
 Before closing my remarks upon this subject, l am happy to bear testimony to the firm and patriotic stand taken by the Pre- sident of the United States, in defence of the rights of the states against this danger ous exercise of power by Congress. For this, and for the fearless and judicious exer- else of the veto power to defeat the danger ous scheme which had been prepared by Congress to distribute the proceeds of the sales of the public lands among the states, he is entitled to the thanks and gratitude of his country.
 Soon after your adjournment in June last William P. Eaton, of Norwich, rendered to me his resignation of the office of Commis- sioner of Banks, to which he had been ap- pointed under the provisions of an act of the last session of the General Assembly, There being no express authority conferred upon the Executive by statute, to make an appointment in case of this kind, have not deemed it proper to take the responsi- bility of filling this vacancy.
 A due regard to the wishes and expecta- tions of the people of this state, will urge upon you the necessity of bringing the la- bors of your present session to close at the earliest practicable period. Should, ] hnXuover any h,ISipoCo of pnhl;o rho