New-York daily tribune., 1842-08-06
VOL. liz. NO. HeI.

law mas an aspect so extraordinary as 10 De sOne-
what whimsical, when we consider that the power
in Congress, admitted by the President to h clear,
of districting the State by IT'S authority, is
much heavier and more searching in its operation
than that which he considers so questionable. The
election of Representatives to the National egis-
lature is not a burden, but precious privilege
The geographical division of the territory CT the
State, according to the number of Representatives
allowed TO the State in this House, is an operation
obviously better suited to the action of the local
Legislature than to that assembly representing the
whole Union. The assignment of that operation,
therefore, The S,ata Legislatures, though ulanda
tory in FORM is in substance concession OF power;
and 1t is strange passing strange, to lind even the
most Jealous and most jealous vindicator OF State
rights complaining of an investment OF authority
in the State as grievous usurpation OF authority
by Congress
The exposition Of reasons .fos approving and
signiEg the bill has q still mole singular appear
ance of inconsistency, by the unhestating intima
ton thar these questions of the consttutionay of
the law and ofits mandatory character are broodng
among the rancorous and vindictive passions of in
famed and nNammatory partisans, reserved for
exasperated alteration at the threshold OF the 10Th
Congress. 1t would seem as if, in the foresight,
if not in the aspirations Of the President sufficient
is not unto the day the evil. tnereof.
ThiD is not one of these laws the constitutionaity
of which will have the benefit of a fair and impair
tial decision by an independent judicial tribunal
This House is made, by the Constitution, exclusively
the Judge Of the elections returns, and qualiica-
,ions of its own members The questions of con-
struction and of comstitutionaHty, stimulated by
those surrendered and yet recorded doubts will be
wrath treasured up for the day of wrath, to infame
and conyulse the deliberations of this House at the
first organization of this Heuse for the next Con
gress-the Congress, be it remembered, upon ,he
House of Representatives in which will devolve
the duty of eecting the President of the United
States for four years from the Sd ef March, lo43,
if, as is too much to be aPprehended, un absolute
majority of the yetes in the Electoral Colleges
should fail Of being secured.
The private md personal interest OF the Presi-
dent in the organization of the House OF Repre-
Of the next Congress suggests motives
on his part for desiring influence that organ
ization in the direction Of his indvldua! interest,
which may account for this attempt to countenunec
md encourage spirit already too apparen. on the
part of more than of the States, to set at dei,
ance the whole Union expressed beyond all posi-
bic cari or honest controversy in this provision OF
tho Apporionnen, Law, and 10 force upon the
Hense of Representatives representation cncsen
bv General Ticket from those States, while the
representa- IN from all the ether States will, IN
obedience to the law, be chosen by single districts
1t is self-evdent that in The event OF such con-
ict the organization of the next House OF kere-
scn;alyvs the local interest and comparative weight
of the few States clecting by Genera! Ticket will
be in direct opposition to the interest and relative
weight Of all the States represented by single Dis.
tricts ltisexpected that political sympathles and
party discipline will be sufficiently strong to prevail
over the permanent, ndisputable and abiding IN
of the large and populous States and induce
their Representatives to indulge the small States
with a General Ticket representation at the cX-
pense Of the relative weight and influence OF their
own constituents the result can be no other than
to introduce inequality of privilege between the
constituent confcderates of this Union; and the
inevitable consequence of continued PRACTICAL
exercise of such inequality will be mutual irri-
taticn, alienation and disgust, till the large States
will adopt the General Ticket representation them
Selves and merge in the flood of numbers all the in
nuencc of the smaller States
Similar considerations, the President states,
have operated with him in regard to the repre-
sentation of fractions exceeding thirty thousand
But his treatment of this constitutional doubt is
strikingy different from that which he bestows on
the doubt with regard to the mandatory character
of the section prescribing election by single DIS
tricts. The argument OF the President on the first
doubt is against the provision in the law. and con-
sequenty against the law; the argument on the
second doubt is in favor of the bill In this case,
the doubt had existed from the foundation OF the
Government it had always hitherto been found
insurmountable. But now, the President, who
had heretofore voted against 1t Us unconstitutional,
finds it recommending itself as approaching nearer
to constitutional equality than any common divisor
to the entire population of each State, which had
heretofore been deemed indispensable. As there
is no prospect of any practical opposition to the
full execution of this provision of the law, an ex
position of reasons Tor approving and signing the
bill containing it appears to the Committee dest-
tute itself only of reason, but even OF plausible
pretence.
The President concludes by observing that, in
approving the bill, he latters himself that dis
position will be perceived on his part to concede
to the opinions of Congress in matter which may
conduce to the good of the country and the sta
bility OF its institutions, upon which his own opinion
is not clear and decided This repeated profession
of defercnce for the opinisns of Congress would be
received with more respectful acceptance, but
for contemporaneous unofficial expositions of the
writer's real sentiments towards the Legislature
of the Union addressed not to them, but to private
individuals and convivial assemblies, and by them
paraded forth in the public journals of the daily
press of the world 1t would also be better en-
titled to credit of sincerity, but for the coun-
tervaiing compliment to the respectabii'y OF
opinion against the constiturionality of the bill
thereby instigating and fomenting that facnous
resistance to the execution OF the most important
provision of the law, of which the trumpet has
been already sounded in two Of the States, and
which threatens conflict at the organization OF
this Hou 9 in the next Congress, to which no
friend to tie peace and harmony of the Union can
look forwal but with melancholy ioreboding.
IL Commiltee consider the acl OF the Presi-