Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-06-24
TwENrY-sEyENI,n coNGREsS--2d Session.

In Senate Saturday, lime 4, I5I2-ln opposition Il
i the second section OF the bill "tor The apporonmen
oil Representatives among the several States accord
ing TO the sixth census"
i MIR. BUCHANAN said If thought it possible thai
The lev observations which intend 10 make would
4 prevent the question the bill from being taken TO
day, should not ohtrude myself on the attention
of the Senate for single moment. If the Senator
from Georgia. MIR Berren, l-(whose privilege it s
Chairman I" the Committee which reported the bill, 10
close THIS debate)-had risen TO address the Senate,
should have kept my scat and remained silent viii
yet yield The "or 10 hin, with pleasure, and hope he
i may accept IT, because desire, above all things, that
the final question should be taken TO day.
i Mr. BERRlEN declined the offer, stating that he
did not desire the honorable Senator TO regulate his
course with any reference TO his Mr. Berriens conve-
nlencc.
MIR. BUCHANAN. | shall then proceed TO make
oiser the question before the Senate,
the belief that the vote will be taken before adj
journment To day.
! My own Impression--nay, my own convction--is,
that tins is Of the most important questions hch
has been brought before The Senate Of the IT, ;
and, in the first place, think, Sir from what has trans
pred in The other House, well from what We have
witnessed in tins body, that the section To provide for
dstric'ing the States ought not to have been inserted
in the present bill. 1t ought to have been brought be-
fore Congress in distinct and independent Drm; and
least Of all ought it 10 have been attached a second
section TO the bill for the apportionmcnt Of Representa-
lives among the several States.
call upon Senators to consider the consequences
which may follow from this forced and unnatural union
What may be the result? Why, SIR the passag. of ah
appointment bill is absolutely necessary 10 preserve
the existence cf this Government. We must appor
ton representatives among the several States, accord
ing TO their respective numbers, House oi Repre-
s.natlves can be elected and, without ilonSe the
Government is itself annIhilaed All OF US, then, feel
ourselves bound, By an imperlous and overriding
slitutional mandate, TO perform thus duty.
But may there not be great danger that, by forcing
the district system into the present BILL you may de-
feat lis passage altogether, AMI thus occasion snspen-
sion of the powers of Government: There are about
twenty of this floor who feel that cannot con
sistenlly with oats support the Constitution vote
for this bill, provided il shall contain mandate To the
State Legislatures 10 divide their respective States INFO
DISTRICTS Tor the election o. Representatives 10 Congress
Now, Sir, If live other Senators should vote against il
account nt other objections such, for example,
that the ratio which IL proposes is either too high or
too low-then these five, added 10 the twenty, would
constitute majority Of the Senate; and the bill would
be defeated altogether. la that event. there would be
apporonment of Representatives among the States,
according 10 the command Of the Constitution, and
there could be election; and this simply because you
have obsnaley determined 10 force the district system
into the bill. What has been the result of this most
unfortunate attempt We have been already engaged
debating this question for than a week; and, from
the indications which now observe around me, do
not know how much longer the discussion may con.
time. In the mean time, the Legislatures o! seve.
raj Of the States are assembling for the purpose
of providing for the election Of Representatives to
Congress, according TO your apporonmeni; aud they
may be compelled to adjourn before Congress shall
have passed this bill. If, then, it be desirable,
in the opinion Of Senator's that the provision for
dislrlcns the Suites should be enacted into law,
why may it not be done by separate bill ] APP
peal to The majority upon this floor not place us of
The minority in such embarrassing position rs ~
compel vote against the whole bill, because we
conscien olsy believe that its second section is yo
atlon Of the Constitution. Let them consent TO strike
it out and afterwards introduce it in the form of
pirate h and thus place it in power 10 vote in ia
yor of the apporto itself without the cmbarass
mrnt of this clause Why, Sir, according TO the es-
iablsled rules of legislation, clause be intro
duced into general appropriation bill. unless II be ne
cessary give effect 10 provision al an existing
law. And Why, Because the passage of such bills IL
necessary TO carry on the Governments md II yon en-
graft upon them clauses for which members cannot vote,
without violating The Constitution their own con
scie nce you thus compel them 10 vote against the
tire bill, und TO leave the Government without the
means of support IT, then, il be important that such
clauses should be excluded from appropriation bills,
how much important is it that the bill on which
the very existence of the House of Representatives de-
ponds should Lc relieved from measure oisuch dan
rerous and unconstitutional character trust and
hope that Senators the majority may be induced, for
this if for other cause, To Withdraw the distrcting
provision from the existing bill and not place us in the
embarrassing position which we must occupy in voting
against the entire measure.
The next question which presents itself is, have
Congress the constitutional power to pass the second
section of the bill: Ii enacts, 'That in every case
when State is entitled 10 than Representa-
tive the number to which each State shall be entitled
under tins apporlionmen shall b. elected by distrr!s,
posed of contiguous tryrOry, fquai an nnmbcr ~ TIC
number If Representatives, 10 'chch SAID State may be
enfiiitd: no 6nc ds,rict titchng than R'prc
stntatiee" 1t will bc observed that here the provi-
sion ends. We do not PROPOSE under our own auho'
riy lay oil these districts; we do not propose to car
~ into oil enactment by our own leglsa'
lion but in effect, issue command To the Stale
Legislatures perform this duty for and If they neg
sct or refuse to obey orders, the admitted penalty
will be- that their people shall he deprived Of Repre-
senlativcs in The other branch of Congress. Is such
law constitutional?
Now, Sir freely admit The power Of Congress 10
divide The States into single congressional districts
THIS power is expressly gwen 10 them by The terms oil
the Constitution ITSELF which declares that "he times,
places, md manner # ho'd"g eeions 0r Senao,s nnd
neprtsentacrs shah he prescribed in tarh State by e
Legislature thereof; INT the Congress may, at 0"y
Time bu i0ur 7uahc inter such regulations, except
as To the places Of choosing Senators
The Congress may, a, any time, by law, make such
regulations or alter them but can they, whist reu.
sing To exercise this power themselves. command lhe
exercise by Ike State Legislatures THIS IS The cues
ton That 10 such command can be constitut'onaliy
issued | consider 10 be clccr-nay, an almost sell
evident proposition. This has been conceded on all
sides md has been emphatically admitted hy the Sc
nalor from Mississippi, mir. Henderson, and The Sc
nator from Kentucky, MIR Mcrehcad.l In what man:
ner, them have these Senators endeaeore to AVOID
the effect of their admission They deny the
fact that this bill contains any such order or mantae
The Site Legislatures Are they correct IN i' de-
NAL The bill itself declares, in terms The most
pere mptory, that the Representatives in the other
House shall be elected, in single contiguous districts
throughout all the States and it does no more II
does not profess hy It's intrinsic authority 10 carry
GU, this principle into practice. ask, by what human
power this he DONE except through the agency "i
the State Legislatures From the very nature "'
things then, this imperious order addressed I" 'em'
and 10 them alone II would be absurd 10 address II 10
any other authority But obedience to .h's e,'n'aan"
that this penalty not dcnonnced in express terms On
tI,- face cf the bill but it plainly nped !hat he
who ru. may read. The P@op OF the States VI case