Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-12-01
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rrRNlNG rorn srArEs or or coHGRGss.


II would seem, from the National lntclligencer of
this morning, that the Federal Party resolved 10 fol-
low up its mandamu5 act-commanding the Stlte Le-
gsatures to do what Congress has power to do but is
not authorized to compel the State Governments 10 per-
form for i-hy excluding the whole represen alton OF
four States. Some &C these States had elected under
the old law before The new law promulgated, so
to enable The States to provide new mod. OF cleo
ton. Others, denying The Cons t1tiona authority OF
Congress u command the States t. make "a tera',ons
in the mode Of eec. ng Representatives, refused tpexc-
CUT that duty for Congress, which is expressly imposed
thai body By the Cons;itl;Ion, whenever it might
deem a,eraticrs in the STATE LAYS necessary. Con-
gess having ony directed alterations 10 be made in the
Election laws OF the State-laws which the States
authorized to establish, and 10 act upon until
altered by Congress-and no such alteration having
been made by act Of Congress, Georgia, Missouri,
Mississippi, and New Hampshire, elected under the
only existing laws upon the subject-llws remaining
unepealed and unaered by Congress, unless an aci OF
that body, requiring the Legislatures of the States to
repeal alter, be construed into actual repeal and
alteration. Upon this construction, however shocking
TO State Rights, and i.reconcabe to The spirit OF our
popular institutions, the Federal party are 1t seems,
prepared To shut the door OF Congress upon four States,
and exclude from the Councils of the Union tie;r en-
tire representation, regularly elected by urge MAORI
ties Of the people, under The authority Of State regn-
laons, existing from the foundation Of their pectve
Governments On this subject, tn. gencer says:
"Whaiever may be the oarartcr which this Congress
ea,,c existence however the
Of M aors rannn hut r rmha ~ Gitcuty nom
which, do Well how II viii eAtricae IL
self We refer 10 tho question which unayoiday afs- IN
proceeding L. III: mcaziion Of the iiusr OF Representatives,
irnI The t;or disregard of the Constitution hy
Governments having complied with the require
OF the act "i Congress prescribing the manner IN when
Representatives. shall b. choca The persons snt hitler ~ e-
by the states who have thus drted the law be-
longing chiefly 10 The party which most numerous in the
House, has been PRESUMED that en- e'"t wa he made ~ ms
done IN the New jersey four years ago 10 IA
force Of numbers. Whether this attempt will be made,
and, made whether Will be successful remains la e seen
tic Con. iuon aud marching the Representa-
tive Hail 1t vii be the duty of the fast friends OF The cons
resist tie utmost by their arguments and their votes,
such upon that sacred charter o! liberty and law
''it will be the duty of the fast friends Of the Con-
s;itution I've tod) TO resist 10 the utmost what
The admission 'o The persons sent hher as RePresen-
tatives by the States" And this upon the principle,
that Federalism resisted the admission Of Representa-
tves returned the polls elected by majority of
The people. In the New Jersey case, however, the
attempt OF Federalism was not mons.rous that
contemplated 1t not t,en the purpose to de-
pve the State Of its representation in Cong!ess-to
dsfranchise ito drive il, in effect, out Of the Union.
The contest Msu was, which body OF Representatives
should take the seats of the State in The hall of the
Union those clearly returned elected, as shown by
the record Of the vote Of the people those falsely re-
turned elected, by certificate under the hand OF the
Governor exhibiting state Of the polls which he knew
did not exist and which the original record he
TO certify coniradcted pnpaby to the very eyes oil every
member of Congress. The question, then, was, not
whether the State should be represented IN Congress,
but ,cho should represent IT, New Jersey had actually
two sets seated on the floor of the House and
the question was TO which had the best proof
of title-illcse exhibiting the right under the orr
gnal recorded poll, showing to the House tie M
guestontd state of tact; those producing GER
lifcate with erect seal 10 Il, VIGOROUSLY ialsyln
the state of the record which 1t pretended to verify
The House acted on the popular vote itself "a officially
recorded at the polls, instead OF the Governors false
returns from ill., with his great seal appended AT that
time Federalism contended that there existed no right
in Congress 20 behind The great seal OF The State,
to Look INTO the little of mbers ella ming seats under
it. form Hous'; it was prtma Jaec evidence OF right
and the question of lis verify, well as OF the legali
ty and constitu,ionaIiy Of The election certified by it.,
was reserved for the House after organization. .Nom
thu great seals Of four States, well as the
pol! books, showing the election of their Congresson.
al represe by undsputed maortes of The suf-
fruges of the legal voters of the States, are to be re-
pulsed at the threshold; and VOID is TO be made in
The popular branch of The Congress of the Union,
by expelling four States from IL If the exclu-
sion of these St1tes would leave Federalism in The
majority in the House, it would accomplish precisely
what i: contemplated by the mandasnus act, but not
what designed by worthy member who was in
slrumental in passing it.