Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-07-14

II Exposition Of reasons assigned by Presi
dent Tyler, and deposited by him in the De.
partment of State, for approving and signing
the Appor,iopment Bill.
/ "ln approving this Bill, feel it due to say
us well that my motives for singing it may
be rgh,ully understood, as that lay opinions
| may not be liable 10 be m;scoDstrued, or quo
ted hereafter erroDeously, as precedent, that
| have not proceeded so much upon q ciea,
and decided opinion Of my o,on, respecting
the conslitntional'y or policy of the entire
act, as from, respect to the declared will to
The two Houses of Congress.
H "ln yielding my doubts to the matured
opinion Of Congress, have folIowed'lhe ad
vice of the first secretary of state to the first
President of the United States, and the ex.
ample set by that lluslrious citizen, upon a
memorable occasion.
"When was q member of either House
Of Congress, | acted under the conviction
that to doubt the constltutonaIity ofa law,
was sufficient to INDUCE me to give my vote
against it but have not been able to bring
myself to believe that Doubtful opinion Of
the Chief Magistrate ought to outweigh The
soemDly pronounced will Of the Representa-.
tives Of the people of the States.
Zone Of the prominent features Of the Bill
is that which purports to be mandatory on
the States to form districts for the choice of
Representatives to Congress in single dis
lrcls. That Congress has power by law TO
alter State regulations, respecting the man
ner Of holding elections for representatives
Is clcnr; bu. lis power to command the States
To make new regulations. or alter their exist
Ng regulations, is the question upon winch
have felt many nnd strong doubts. have
yielded those doubts, however, TO the opinion
Of the Legislature, giving eifec, to their en-
actment as far us depends upon my approba-
ton, and leaving questions what may arise
hereafter; if unhappily any such should arse
to be settled by full consideration Of the sew
cral provisions Of the constitution and la ws.
and the authority Of each House to Judge of
the elections, returns and qualifications of
It's own members.
"Slmllar considerations have operated with
me in regard to the representations of frnc-
lions above a moety of the representative
number, and where said moIety exceeds thir-
,ty thousand; question Oh which a diversity
Of opinion has existed from the foundation Of
the Government. The provision recommends
itself from rs nearer approximation TO equal.
Ity than would be- found in the application Of
a common and simple division to the entire
population OF each State, and correcis, in o
great degree, those inequalities which are
destined at the return Of each succeeding
census, so greatly to augment.
:" In approving the Bill, hatter myself
that disposition will be perceived on my
part, TO concede TO the opinions of Congress
in matter which nny conduce to the good
Of the country, and the stability os It's inslltu.
tons upon which my opinion is not clear and
decided But it seemed 10 me due to the
responsibility Of opinion against The constitu.
lonalily of The Bill, as well as to the real
difficulties Of the subject, which no one feels
more scnsby than | do, that the reasons
which have determined me should be left on
record. JOHN TYLER.
Washington, June 25th, 1912.