, 1842-12-03


the inquiry, lean the people of Mis-
Souri, elect their representatives by
single districts, in the present form
Of the act Of CongressF' If they
cannot, and many very intelligent
citizens testified their belief that they
could not by abstaining from voting
~ OUT election. then Congress
has not "~prescG;bed the manner OF
holding the election and the only
ellec: Of their Legislation is a com
mand to the Legislatures of the States,
and in the most odious form, for ii
not only commands them tolegisiate,
but to legislate in 4 prescribed form.
1t seems to be onki the assertion OF
a ,ruisRl TO say, that il Congress I'M
dertake to prescribe the time when
the election shall be held, they must
name the day; if they undertake to
prescribe the "place,' they must de-
signate it; and if they undertake 10
prescribe the "manner.' and desire
single districts. they must establish
them. In a word, il Congress is not
content with the legislation Of the
State; and desire to alter the same.
it must do SO in such manner as to
enable the people to exercise the right
OF election. without 4 resort to State
legislation.
The greatest enemies Of the rights
Of the States. and those most latilu,
dlnous in their construction of the
Federal Constitution. admit that the
Government OF the United States is
one of delegated power only. lfthis
be true. may it not be asked where is
70 the delegation OF power which au-
thorlzes that Government to COM
mand the States not only TO legiSlate.
but TO legislate in the form prescribed
by Congress? Where is the clause
of the Constitution that authorize.
the Federal Government 10 transfer
its powers ofIcgisia,ion TO the States?
Such an authority has been assumed,
for the first time in the history Of this
Government, by the present Con
gress.
Oae of the great objects. in aban-
doning the articles Of confederation
and forming the present Constitution,
was TO enable the Government. by
her laws, to operate upon the indi-
vldual citizen instead of the States
intheir sovereign capacities, the want
of which power had been seriously
felt at an early period OF the Govern
ment.
Taking it, therefore. for granted,
that Congress cannot command the
States to execute a power, the exc
cution of which has been expressly
confided TO the General Government.
il may be material further to inquire.
whether the provision of the act OF
Congress, in relation to districting
the States. is not 4 command 10 their
respective Legislatures, and nothing
more? Ia determining this question.
II may be proper to notice, 20 some
extent, the history Of this feature O.
the law.
The section, as first introduced
read as follows:
"That each State shall he divided
by the Legislature thereof, into a.
many districts, composed Of contigu
Gus territory: as shall be equal to the
whole number of representatives, Il
which said State may be entitled il
the House of Representatives of thu
Congress Of the United States, anc
that each q said districts shall cleo
one representative"
This language was plain, IMAM
biguous and undisguised. Il was tn,
language Of the MASTER to the serUaa
-"Each State shall be divided Ly III,
legislature Mereof."-By this we
know what was intended by the
mover. But it would seem that the
language was too plain, too paIpabIe
for. while in the final enactment tht
substance was preserved, the pecu
liar phraseology was changed. The
following is the language of the sec
ond section of the act. as fnaiiy Il
dopted:
"That in every case where a State
is entitled to more than one represen.
t~ative, the number to which each
State shall be entitled. under this ap
portisnment. shall be elected by dis.
tricts, composed Of contiguous terri
tory. equal in number to the number
of representatives to which each
State shall be entitled; no one dis,
trict electing 0 than one represen
tative."
In this provision. the bold and au.
thor;tative command, Each State
shall be divided by the Legislature
thereof" is dropped, but for it is sub.
Sfitutad janDuapa " hich thouoh annaI