Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-11-03

Mississ'ppi-hayc refused 10 comply with the nc,
OF Congress, requiring each State to be di, idcd in.
10 Congressional Districts. This disregard of the
law will, in all probability. produce much cmbar.
rassuent and difficulty at the opening of the next
session of Congress. IL is incontcstiblc, that no
man is a member OF Congress. unless he is elected
IN pursuance ofthc laws of the United States. He
can be n member only in virtue Of those laws. Ii
State laws alone could constitute members. each
State might send 4 hundred, and they would all be
entitled To the full rights of mcmbcr Ship.
We ind IN the Baltimore American an article Of
sound vicwson this subjcci-which l. suhjoined.
Looking To this matter, we deem II fortunate.
that the Democratic party have Il very large ma
Jority in the House. In consequence of this. they
Will have no inducements to give countenancc to
the spurious members. who will present them.
selves. They can respect the law, even though it
be disagrccable TO them. disallow the claims of n.
legally chosen persons, and still retain u decided
party majority.
From the Baltimore American.
II VENT CoNGRESS-OrsGni=etion Of the House.
Some difficulty l. opprehendct in the organisation OF tie
next House of Representative st Washington by reason OF
tr Illegal manner M which several States have elected their
delegates. The Isw on the subject OF elections 10 the House
declares that each representative shall DE elected from a sin.
gle district vet IN the face vi tins enactment the States Of
New Hanpshi-e, Missouri, Georgia and Mississippi, have
each elected their several delegations nv General Ticket.
lhere eau DC no question As To the true view of this case.
Ihe elected claimants from New Hampshire, Missouri.
Georgia and Mississippi have no more righ, TO seat in Nh.
next Congress than the same number OF respectable rent,..
men taken from any county in Maryland would have to
dow Of 4 right.
When the Election bill was passed by Congress. it is well
remembered that Mr. Tyler, IN a strange t0rgetfulness Of
MS oiheia. duiN, ana IN utter disregard OF al. prJpuey, while
lee signed the bill, accompanied MS Signature with his re
corded objections and doubts - 10 the cousutluonahty of
Tie measure. \ most unheaTd Ot p5ycecdiuE-an act OF
weakness ufuaEn In gfuAuH. -.
Die oihciaI. By tins conduct On the part Of the hughes, Off.
Ger 81 the Government, certain States have been eucour,y.
cd 10 treat the authority OF the Government with couicInpi:
ana mey nave accordingly disregarded the law vi Congress
III tins particular which the Act concerning elections was
designed % regulate.
The ground taken By these Siates-and il is the somo
which weighed IN the tender scruples Of Mr. TyLEE's mind
when ne signed the tiI tetth has 0yecf0Hs-is that Con
Eress had no right by the Constitution to direct the States Ia
district themselves. The language Of the Constitution wI
ai'Td an answer 10 this al.egauOn-ihus The times, pr-
ces and manner Of holding elections Tor Senators and Rcp.
Teseu'atNess HaL ht prescribed IN each State by the Legs.
.aturc tAe Congress may at ann fias Ly la,
make or alter sue" regulations, except a, 10 the places
Of choosing Senator's" ltioiows plainly enough from Tins
provision that an Actof Congress prescribing the mode ot
el,cunc representatives, BY siagle districts would as u matte.
oi course dc a~sy with any different system which might
east IN any State. Its equally clear that If any STATE sho1ld
persist IN adheung to the General Ticket system, which Is
iOIbidGen 10y tue law 81 Congress, the persons elected by
that AIcte would not be entitled TO seats IN the Hsuse
How Is II possible that such persons can be admitrd rs
members OF the nousel The certificates which tncv NAV
bring with them, cannot attest that they were elected ncror
ding o law. Congress has declared thu, TO one shall SIT A.
a member OF tho House oi Representatives.. unless he comes
Is the representative OF u single District. This Is an essen.
"a! IollIuOh-as much SO, as II is essential inui the claim.
ans shall have received a n majority OF votes In his district.
But the p IT. Of ulcol tt. acknowledgements i TO be .ad If
thitf We nave quoted the language OF the Constitution,
when empowers Congress 10 make regulations as TO IN,
times, places, and manner OF elccung Representatives. Tie
power IS SO plainly conferred that there can be no dpubt
about i-nof Is II disputed. The whole ground Of oppo.
s!iion to the law, il founded on the petty bubble tnat Con.
sTess has no constitutional power To mako the States divide
themselves into Districts. IL must not dictate n particular
course Of legislation to sovereign Smtes-,his is IN. idea.
and with this sublime conception, New Hampshire. and her
sister Iccusant-, lift themselves up, and loek as digniied as
possible.
Now the case il briefly this The States. as such. have
no right 10 send representatives. TO Congress at all except
under the constitution and the laws OF Congress pns.ed !,
accordance herewith. For the General Government was
created by the Constitution; it Is special, seuaraf. g ,ist,nrc
independent vi the States; II Is a Government In IN. 49,
night, and a. q matter Of course 10 has foil power 4, say bnv
It's officers and iunctonaues shall be chosen, what their du.
Ties shaii be, and 10 short 10 prescribe such rules az ID, IL shall
seem htiCr the proper performance Of IT. uses. The Con
-utuuon does this M respcc: to fundamentals, aud Corgre.s
mas discretion q act tariher when necessary, in accordance
win the terms OF TIE Constitution. Now the States mas q
a. sovereign Us they please IN this particular sphere-but
here Is another Government beyond their spheres and ,r
GLIDING them. Their original sovereignty riyes them NJ,
night "hatcvcr to IDjeiicTe with this other government. ,b,,-
only night Isdcuycd from the Constitution. The S,,,c .,,
the plea oi their individual! sovereignty, have absfr,rfv n,
more h-"' 10 sohd representatives. 70 Congress than
they have 10 claim seats for their delegates IN tho B,.
u'h Parliament. IL then the General Guyc-nmcp,
pre-rHbes q iOm according 70 which the member. ,,
one branch Of it, Legislative council shall be cbgsc,
-oEd It's constitutional right - DO this no ono can do.
ny-ii follows That tho States have no alternative but II,
comply with such regulation Or 20 unrePrcsen'ed. The N
uon OF u compulsory Cictation on the part If Compress o..
wards tue States, Commanding them ~ pass laws for singh.
dsi1eis' D. founded upon n ilIacy. Congress neither de.
uie-. commands nor comptis. b merely saws that roo,.
seni-uyes shall be Chosen m q particular way, and until ib,t
actOi authority e proved O. b' unconstitutional there ia M,
room. Tor a s.ng!e word Of Coins wing. u tho States vi.b 4,
s,N1 'gp''7thl1"'e-' aI mat they have to dpIs 6, elect them
according 10 the mode aud manner prescribed. If ,bcy
have hitherto prescribed the mode aud manner tbe.p.ciy.s
u "9 been ny su'icrdncc merely. OF Themselves and ID,
tcm''l'c., apart from tue Constitution, uicy hayc I'll, r.,bt
10 dobO-no mo7e flau they have IN prescribe how dol,,,,,s
10 ie PROVINCIAL Assent of Canada shall Io chosen
II fem1Ius to be seen how the H1uso will act when IA.
cisimaui- underline General Ticket system OF election sb,I
a." t. be admitted ls members. There ought 10 he mo-
DOUBT Whatever on thc subject. Even ir the siuoe disr.t
clause should be repealed, such repeal could not s0cct ,l,..
lions held while the lass was in force II could NOT give
validity TO elections held contrary 10 the law. The political
parF which will hnyea minority Boo the House may wish %,
recognise the Illegal claims Of applicants Of their own Doll.
uta ia''l-5pt We hope that the authority Of the law, I'M,
og.'ly VI the House, seii-rapcct end consistency will Ore.
sent considerations too potent ~ be OVERCOME by any
thoughts of temporary puruzan advantage.
At'he meeting of iho Wings last Saturday night. Mr.
D1ricI,I u thr course OF boz address, (Which. by the way.
rf.s.f.N -H rr..rt . r"Y.T-H q. H nv