The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-06-04

small State be could not see why two millions in
section should have more power than five hundred
thousand in another section Were this the case, it
would if he might be permitted to use the word, DO
un-American. In truth, there existed no power in
the Constitution to confer upon 1--WE hundred thousand
persons in section the power that belonged to two
millions in another section. If such thing were
improper when done, it would certainly be improper
for Congress to attempt to do it, he wanted the
whole power of the whole people placed in the whole
number of Representatives, and he believed that he
never would enjoy or realize the rights which he
claimed as an American citizen under the Consnu
ion, until the election of members Of the House OF
representatives should be placed upon that basis
Congress, had fall power to the slime, place, and
manner of holding elections" but not the power to
elect members of Congress- prescribe the qualflca
ton of voters Congress had all the powers which the
States possess in these matters. Then why not exeI-
else IL? The States were not the the agents
of Congress. There State that would
obey such regulation as that proposed by the section,
whether it should be called order, mandate d.
rection it amounted to the same thing, and would
do in Alabama. In saying this he did not
slider himself departiog from the principles which
lay at the foundation of the Government On the
contrary, he clasp ng them more firmly to his bo-
som and he was taking his stand on the walls OF the
Constitution when he said that the second section OF
this bill could ought be carried out because
the Constitution gave Congress power whatever
To pass such bill
Mr.. GRAHAM believed that it was highly expe-
dent that the district system should be adopted and
that in every country of which he had any knowledge
where representative government existed at all,
they had not elected by the whole mass of voters;
but in every country which possessed free
dom to any extent, the people had elected
their public agents by districts parishes, coun-
ties, whatever they called, that evidences
of the public opinion might be brought to the capitol
In order to have correct representation, there should
be something of intimacy between the representative
and his constituents, that he might explain to them
the opinions which he entertained of public affairs
and give to them an account of his stewardship. This
the where the district system was in force
but not where the States elected by general ticket
Congress had the right to declare that electors for
personalities in the States shall be by districts or
general ticket, while all that Congress would say
was that instead of State having district, for
instance it should have forty Congress has thus the
power to lay off State into forty districts, and de-
clare that member shall come from each, leaving
to the discretion of the State Legislature to appor
ton and declare what portion of territory shall COM
pose each district This was trust power of which
the Legislature the trustee. TWAS not an absolute
power with the States but ubect to the suspend
ed by Congress- However, Congress should not Sc
ec any one particular State for its action in this mat
ter but it should take steps to make the system OF
election uniform throughout the Union.
Mr. WALKER said that before the next session
of the Legislature of Mississippi, the election tor
Representatives will have taken place. But if this
bill should become a law, it would be like mandate
the State to reasonable the Legislature in order to
make different provision the subject OF election
from that which now existed by law. He called the
attention Of the Senate for few moments to single
point in the case because it was the great point OF
controversy, and it was, whether admitting
the fact that Congress has the constitutional power
under the term manner in the Constitution to dis
trct State--can command the States to exercise
this power 1t appeared to him that the power claimed
to make State pass particular law was subverslve OF
the principle on which the Constitution based and
L. oNE thu nfndn
ration It was never intended by the trainers of the
Constitution that collisions should take place between
the States and the General Government, and that
Congress should dictate to the State Legislatures to
make particular law, because Congress could not
command the State Legislatures to pass law which
they believed to be unconstitutional Congress might
execute law citizens which they believed to be
unconstitutional, and take it to the Supreme Court OF
the United States and get decree confirming the
power. But who ever heard of compelling man to
vote for a law which he believed to be unconstitu-
tional sThey might as well compel judge to de-
eide on law which he believed to be unconstitu-
tional. The President Of the United States being
sworn to see that the laws be executed, would be
obliged to compel the Legislature of State to vote
for law which they believed to be unconstitutional,
and then coerce the Governor to sign it.
Mr. BAYARD remarked that the Senator from
Mississippi had asked could it be possible that Con-
gress could pass law which could not be carried in
to execution? There was provision in the COnsti
provide for organizing, arming and dscplining the
militia and for governing such part of them may
be employed in the service of the United States, re-
serving to the States respectively the appointment Of
The officers and the authority OF training the militia
according to the discipline prescribed by Congress-,
Now it would be seen, from this, that IT the States
should not appoint the officers there would be no
mode of carrying the law into effect The execution
of the law, therefore, depended on the States them
selves.
Mr.. WALKER would ask the Senator whether he
would, even under this clause, pass law to appoint
officers
MIR. BAYARD remarked that he had answered the
specific proposition, and that he would reply to the
question just propounded at another time.
Mr. W ALkER said that if Congress could not APP
point officers they could not pass law lfthis power
was reserved to the States, Congre must wait until
officers appointed by the States and not until then
Congress could carry its law into effect SO far as it
was allowed to do SO by the Constitution. The
clause quoted by the Senator showed that the States
had originally possessed the power of appointing off1-
GERS and had surrendered therefore the States
must now first appoint officers.
Mr. GRAHAM remarked that, with the permis-
sion of the Senator he would that there
case in which Congress could pass law, and have
no power to put ii into execution. lie meant that
Congress might pass law directing the time when
electors should meet for the purpose OF voting Tor Ere
sident and Vice President; and he would suggest that
If they should fail to meet the day designated there
was no power to punish them, could they be forced
to meet.
Mr. WALKER replied that the observation of the
Senator did not meet the at all 1t did not prove
that the Congress of the United States could pass
law making the Legislature appoint time when the
people should assemble and elect electors for Presi-
dent and Vice President Ii Congress should proceed
to execute its WILL in this case, it would not address
itself to citizens of the State refusing to vote but II
the officers who held the election should fail to obey
the mandate of Congress they could be punished like
marshal or an Executive officer of the Government,
who refused TO obey law Congress and who is anne
nabe by refusing to execute his duty IN pursuance OF
an act of Congress. But could Congress punish
State Legislature for violating what was called law
without any power of execution-without any power