Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-08-16

newly constituted dictator. Ana now aoeS 'i'' ~
o,, marty in Congress, tho have issued inns hahoae'
10 enfu.ce us observance upon the States
IT, J. ye SAID in their speeches III Congress, t"a'
,v ! nc should cvo.c ci,obey their oictatoIii or
,.ys the elections oi rs people SHALL oe ucueo 40
nul:y and It's representatives Ielns'u ''e sVu.s "
,,rss l., II TOO mach to PR sumo oil u Tree re opie
,. ,I,. :. remiy cons,i;uiedtyrhns thus attempt
Tho enforcement OF their lmpous usurpa''un OF au'',
,r ,h.y viii fnd the representatives, OF 'he Prop"
I,c.d m their seats in Congress, at The point Oh 'e
h,vonet and themselves as infamous orpressos' 'ai
pied III the dust. :. r, .., =,
r., yAa, authority does the majority IN Congress at
,n, to us:tfy ,s assumption of power over Inc ie'
rI,,;on Of the Safes BY atltudnous construction
ourih section Of the first article OF the constr
,,;n of the IT, s.. which, not only John Tyler, the
.aa, r,heir own selection, "without why or where
| Go " conceives 10 be unwarrnnted, but winch even
no most ultra Federalss and Consolidaionsts, al Tue
limo Of the formation and adoption OF the Constitution
If the o. s, denied being lie meaning and intention
of TN. Convention which termed It, , ,
| nr,oasc T,aid Mr.. Il 10 demonstrate win al tne
h-e.v which s consistent with pcrspicuty, not only
r, he language OF Tie Constitution, but by anho-
rcs winch cannot be controTced, that Congress mas
been guilty OF gross and Migrant abuse oil aolho''y
The effect ol this provision the aPPortionment law
az cn,s.s IS rot ''EGke the districts IN The seVe.
raj Sia,es for the election Of members of Congress- nor
10 .sol,r any arrangements districts already mace
hv lin, State Legislatures; but 10 prescribe the iode
IN WHICH the State Legislatures shall act in dislcing
l
lion of The st article of the Constitution, by when
CONGRESS attempts justify this assumption OF power,
Is as follows: 1.-The times, places and manner oi hold
uo elections for Senators and Representatives, shall be
each State by the Legislature thereof But
Tho Congress man. al any time, BY law, make or alter
sucb regulations except to the place OF choosing Sc
majors Admitting, for the sake OF argument, even hat
this section conters the power 10 make the districts lot
The election of members OF Congress- before Tue STATE
Legislatures have failed their part TO do II, mas
CONGRESS exercised any such power 1t IS essential
tn the exercise of THIS power either That congress
should "nake such regulations OF themselves, That is,
lay off ard establish The DISTRICTS or should latter the
districts or regulations already made 10y the States
To aakc the regulations, Congress must exercise The
mower as to relieve the State Legislatures from The
performance of this duty. To alter the regulations,
Congress must alter change something already mace
by the State Legislatures Neither oil these lhing nave
been done Congress has not "made or constituted
the districts for single State, nor has Congress sal.
tered" any regulations made by the States; Tor the
States had as yet, made no regulations upon ~hch
alterations could have operated. Congress mas no
constitutional power to legs!ate for the States, or
plesc fbe the manner in which the State Legislatures
! Shall perform any constitutional duty. Ii the State
Legislatures exercise this power of prescribing the
tines, places, and manner, OF holding these eicc-
tons, they must exercise their own authority IN.
trammeled by the dlctaion OF Congress Ana II
Congress makes these regulations, they must be made
so as be executed without the agency OF the State
Legislatures. Congress cannot employ the State Lee
g,slaues ministerial agents 10 carry out their re-
gulatlous. When Congress simply provides by law,
that the several States shall be laid off into single
districts to be composed of contiguous territory, II
makes provision which is dependant upon the action
of the State Legislatures for lis execution. 1t IS clear,
that Congress has not exercised the constitutional
power of making these regulations; for, II they had,
there would have been occasion Tor calling together
tie State Legislatures. And clearly Congress has not
altered the regulations for Tie sixth census, for there
md been no regulations made by the States TO be alter
ed This provision in the law Of Congress, Therefore,
merely prescrbes lie manner IN which the State Lee
.s!:turc: shall perform this duty. 1t IS mere dcta-
i,on-a mandate issued by Congress. And are
told that if the State legislatures do not obey this i'm
perous order, and egslae in accordance with it, their
representatives shall be refused their seats in Congress-
Once establish the doctrine, that Congress may pre-.
scribe the in winch the State Legislatures must
&C; in exercising their constitutional powers, and there
is an end to the sovereignty Of the States. And State
! Legislatures will soon become the mere ministerial
agen,s-the mere Instruments which the supreme and
all controlling power Of Congress will employ to exc
cute their imperIous mandates
This view Of the subject would seem to be entirely
conclusive Of the matter. And if Congress pos
scgs the power which is claimed they have not exer-
csed H. 5ut merely directed the States how they shall
excrcjcc their powers. But .!erc IS another viei. OF
the subject equally :al 70 tn provision in this act Of
Congress, and which Is sustained by the opinions OF
the lus,rous sa.es who framed the CONSTITUTIONS as
well $ by fifty years ucqulescence upon the part OF
Congress.
Tie authority conferred upon Congress by the
fourth section of the first article of the Constitution,
appears clearly, net only from the language, but the
spirit and latent Of the Constitution, to he an extreme
IA ultimate power, 10 be exercised by Congress
only Of It's necessity to preserve the Genera
Government from dissolution, by means oil the neglect
or omission on the part of the State Legislatures, 10
make the necessary reaula,ons-or in case the State
Legislatures Should make the regulations in such
manner as to br subversive Of the safety aud objects
of the Union. The very language Of the ConstI-
tuton imports, that this duty shall be imposed upon
the States in the first place. and that It's exercise by
Congress depends upon Tie contingency of an omis.
sion, or Of fidelity the part OF the State Lee
gislatures in performing the duty. The language is
imperative upon Tie State Legislatures: "The times,
places and manner, &c. "Shail be prescribed IN each
State by the Legislature thereof But that Congress
man. &c" II would be absurd TO say, that although
the Constitution thus strictly and imperavely enJon
ed upon the State Legislatures the performance OF this
duty vet Congress might, before The State Legsla'
had had time 10 do II, re!ie*e them from IT. by
doing il for them. II II had been The intention of the
trainers of the Consultations to confer concurrent pow
or in thus respect upon Congress- with the State Lcgis
latn;es the language which conferred the power upon
the State Leg, aturcs, would have been the which
conferred the power Upon Congress. BY strictly and I'M
poravcly erjonug the performance 81 this duty upon
the Stale Legislatures, IL was individually the intention
the Constitutions that this power should be exercised
by them. And the language which reserves tins power
to Congress, clearly imports, that in case the Stale lie.
gisatures should emit make, should be prevented
from making those regulations, which were intended
TO be- and imperavely enoined upon them their APP
propriac duty, then Congress might ''make' them
Or, in the State Legislatures from some want Of
fidelity to the Government; of the u S, Should exercise
this power in such manner as TO be subserslve Of the
safety and grea objects ofihe Union OF the States then
Congress might oal,er' what had been done By the
States.
II was Ike intention Of those who formed The Go,
vernmen, that The Constitution should lie strictly
srucd and that all powers not expressly delegated TO
the United States, prohibited 10 the States, should
be reserved 10 The States and 10 the people. And il
NAV be laid down as an axiom in all free Governments,
that no power orgh, TO be- can be rrghtfully exer
csed by Government, unless there exists occasion
necessity requiring it, is not only abuse, bot act
of tyranny. TIE exercise Of this power, therefore,
the part Of Congress- before any of the State Legisa
lures had been guilty of any delinquency any
of the State Legislatures had omitted neglected that