Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-06-14


thing leaving entirely Discretionary with the States
whether they would conform TO the law not. He was
sure such proposition this could not be sanctioned
by the Senate.
Mr.. SMITH, of Connecticut, considered the amend
ment submitted by the Senator from New Hampshire
very proper one because Congress had gone far
as the only power il could have required it should go
in fixing the districts itself Having failed to do lis
duty in this respect, bound to protect the repre-
sentative principle, which by its present action it en-
dangers.
Mr.. CUTHBERT said he thought the objections
made BY Senators the other side, that the operation
of the amendment would be partial, entitled TO
no weight because the Constitution, By the acknow
ledgmen of ALL expressly designed in this section to
provide for partial egislation when the exgency Of
the demanded it, II designed TO provide expressly
for partial Legislation in cases where, account of
pertinacty the prevalence of int mperate action
the part of the States, they might be prevented from
fulfilling their duty, and sending representatives to
these Halls n such cases, it became the duty of Con-
gress 10 make provision supply the deficiency. But
they now told that Congress should not inter
fere-whIls the Constitution expressly provided for
the action of Congress in these particular cases. Sc
majors seemed to dread collision between the people Of
the States and this Government and it the very
course which they pursuing, and that alone, which
would produce collision. He regretted the pertinaciiy
with which gentlemen insisted upon interfering be-
tween the people and their State Legislatures 1t
this lnterposon of Congress that complained of
IL Nouu NC al uHWist, usdStroUs, ana unfortunate
proceeding although it would no, be the State. that
would suffer, but the authority of this body-the
Confederation-this Government-this Union-these
would suffer, and not the States, in the contest.
What was it they learned from the traditions Of the
apostles Of the Constitutions What did they learn
from that instrument itself: And what did they learn
from the construction put upon it by the mporaries
of those apostles oflberly by whom it was framed
They formed such construction as set at defiance the
provisions of the bill now before them. Before such
plan of dstrcting could take place, an amendment of
the Constitution would be necessary, requiring The as
sent of two-thirds of both Houses of Congress and
ratification Of three fourlhs Of the States. But
they were told here that bare majority of one
branch of Congress sufficient to accomplish that
which, by the Constitution ITSELF could only be done
By consent of three -fourths Of the whole American
people. Gentlemen were afraid to return this bill
TO the House. lest this section should be lost-lest they
should not have majority in that House in favor Of
law, which those by whom the Constitution wa. esta
hlishcd, and those by whom it ratified, declared
should only be carried into effect by the concurrence of
three fourhs If The people of the u States This was
now attempted 10 be done BY majority in Con-
gress and by party vote; while two Of the able
ofthe party had not been able to give their
TO ii; he meant The Senator from Virginia, and his (Mr.
C.'s) colleague, the Senator from Georgia. 1t had