Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-09


declaring what regulations OF VIVA; Stale It makes or
alters, providing the details % ''Sexacuou, the
and means OF enforcing it, For the advocates Of The
s,tices construction have dcmied that The simple
Grant Of power carried with The necessary and pro
per Of rendering II eHsctual. And # any
so strict 10 deny lt--stii The Constitution has
pressy conferred on Congress the power of making all
laws winch are necessary and proper for carrying INTO
execution any granted power. 1t will hardly be held
by the mercst novice. that command to the State lie
gisla.ures, or an authorization for them 10 execute
power expressly coaided 10 Congress, is tine part
of that body, good and sufficient performance. As
ma kim OF common law, II is true in relation 10 indiv
dual action and responsibility, tina, he, who performs
an &C, by another, does IL himself. But 1t would be
puerc sapplica'ion Of the principle 10 maintain, that
an &c; ot Congress, directing or permitting Stale lie.
ss,ure IL perform service conldcd expressly TO IL
s,ii was sufficient performance Of that service,
II the State lie .sature should he compliant, ard II the
State Legislature should p:c"e rccusan,, the absuFdy
OF the post,oa would he gu.;ng In either case there
- the fundamental delect c The power 10 command or
perm. such agency.
We have fellow citizens, dwell the earnestly
upon this topic because the act in question rests upon
loose aud laud,nous construction, which, ii sustain
ed wars upon the Independence OF State Legislatures
and State Rights, and because out OF II may arse dbl
fculties connected with tie ncpient organization OF
the next House OF representatives, which may con-
yulse this Union. Without the least doubt Impressed
with the conviction that the requlsiiion OF Congress
upon the Legislatures Of The States 10 DIVIDE Their
of members OF the House at Representatives, gross
usurpatcn Of power, and the act i,se nulli;y-lha
the omissions refusal comply does not 4, eli affect
the validity the elections and that The persons elect
ed from ecusant States crowded that their elections
are in all other respects free from obec,on) ought to
take and hold their seats the legal and constitutional
representatives of the people we aDxiously desire
that YOU should well consider the which nave
herein presented, and bring their influence to bear IN
the selection OF your own Representatives. Although
tho has
solemni,ies, through both Hoses OF Congress, and
has received the Executive appreciation, acc"mPa-
Med IN an extraordinary manner, with doubt ana
hcsi,aucv vet upon the assembling OF Congress-
the il,rsr of Representatives is constituted, by
the Constitution ''tia Judge oil the elections, qualica
tons and returns o: ITS ow members. Through your
immediate representatives,, therefore, may a We
doubt not ynu will, Prononnce sentence OF conJemnn-
ton uaon ths act VI alarming assumption. Yea wl!i
unite We sangGiney trust, IN TIE grand popular deer
SION that this lectonabie &c. unconstitutional =
You wil periodically aid IN maintaining the simple but
true doctrine, that Congress must make Itself the ne
cessary and proper laws Tor earring into execution lis
granted powets-iiia II cannot shaneuiiy ana ne
nGuently SHRINK from the performance OF this Duty
and cas- OF the responsibility upon the State Leglsla
lures, thereby degrading them INTO the supple 'nsru-
ments OF registering, with trembling obedience, the
edcis Of Nat,ona! Legislature Cherish, He eXhori
you the sprt OF independence and oi devotion 10 HE
! Constitution, :,hica vail hazard temporary excia-
sion OF representation, IN preference 10 tame sub
.;.issoa Unauthorized dlcati9n. |! such be your
sentiments and ceilings, select for tcGr represent
a,jyes men VINO co,ncdc with you principle, who
y a,c ahc and wiling eaiessiy 10 advocate and
{ defend your oP,ulous aud are uafqufocaiy pledged
Il To vour cause. Then the tendency OF Congress 10
usuIp al nnwa,raatable jurisdiction elections
wil! De mildly aud eacraiiy arrested, and the Pres-
dent may learn that safer 10 contde IN the people,
and give constitutional freedom and popular rights
), the benefit Of his doubts than tmidy TO yield TO the
encroachng temper oi the Legislature, for tear OF plac
,t,,a, ,,tta at
/ such Be Of this harassng question, the right
OF representation viii have been preserved from out
rage the State Legislatures and Congress vii be ena-
{ bed 10 perceive the boundary lines Of their re-
, spec,iye powers The subject OF election, and the
o integrity OF the whole system will be maintained with
peaceful regularity. Should, however, tie reverse ii
tins eventuae, wto can ofetet!: consequences: Who
will bear the heavy burden OF responsibility: State
legislatures Will not cannot and ought not 10 be hum
, b!ed inlo obedience TO "anton mandate, conscieh.
- tlousy deetned by them TO be unconstitutional The
People of the States will not calmly surrender thei:
J. representation IN Congress. They will resist. In ali
probability, they will lurbuienty resist the exclusion,
the expulsion, of their members, deemed by them
fairly and legally elected, as act of arbitrary and
nloerab!e despotlsm VIII the acts Of Congress be re-
J. spccted States whose representatives. have been
repudiaed whose voice has been smo,hered whose par
!, patton the legislative councils has been stern
lect d. May other States question the validity OF laws
= enacted under such circumstance; The mind of nan
unable 10 comprehend the magnitude of such cs's
\ We Will not attempt farther 10 anticipate the dteiG.
cunss qneaccs 81 movement, winch vet hope 10
illustrate. Still. ought 10 close eyes the
- apprehension OF such tremendous CONFUSION OF our
y edera,ve system, shrink from the contemplation Of
rs dreaded effects. Fellow citizens there ne
cessv part Of the dominant party Congress for
the creation OF this frighu condition of things. In
some Of the States various district plans intro.
:, duced and in others the general ticket system was
, preerred-and what, let II be asked, the sore
= evils which resulted from such dssimlarity' What
aIr ka taI
y tempt 10 introduce uniformity by coercion, which can
- compensate for lis apparent usutpa,ion. which can
cnuneEoaancc the aPfreAended mischeis OF excite.
. and resistance which repay the doub, and
anxiety, which pe:p!exes the miad TO the final
. tastro?he:
. II uniform district system vii be urged upon US,
and the authority OF Congress claimed Introduce and
enforce it, let the question be met at fairly and
frankly. Whether Congress could accomplish the
task of sub-dividng the population and Territory OF
the several States into districts, whether appalled, by
the magnitude and completely Of the undertaking, or
: ncx,1;caby entanged the labyrinth of details, it
r would abandon it IN despair, need not puzzle
: selves TO decide. The Constitutional power Of Con-
press 10 district the States, may be well conroverted
Representation is to be apporoned among the several
States, according to their respective numbers, which
are to be determined directed in the Constitution.
Congress may establish the ratio o apportionment
4 which is TO exceed one member fr every thirty
: thousand Federal numbers. Congress can ascertain
the result of applying the frcd the determined
. numbers Of each STATE, and enact that each State
entitled elect certain number Of representatives.
i,ut by what process OF deduction IS the conclusion
reached that the right to regulate and declare the
,ehoie number Of members 10 Inch each State is emit
, tied, compartments the right, also, 10 arporon that
her among prescribed sections Of the population and
Territorial subdivisions OF the Stale Whence does
CONGRESS derive the power the rule for the division
of the Territory population of the several States
No such right seems 10 have been expressly granted
to be necessarily and naturally implied II any such
,ht exists anywhere, 1t must therefore, reside among
the reserved powers CT the States The duty o: Con-
rress as prescribed IN the Constitution, pauses the
3ont of declaring what number each Safe entitled
r 10 choose and, from that point, the Legislative
power OF each State proceed; 10 arpo!iion tina;
number among the several counties, cites, borou.hs,
: towns. districts and sub divisions Of the same If
il wills 10 divide the States into districts, or 10 direct
! tina, each citizen participate in the election Of the
= which. number The Convention which framed The
: existing amended Constitution Of our own State,
ed TO have entertained this Of the subject most