Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1843-11-18
From the Baltimore American.
THE NEXT CONG ESS.
Organization of the House.

senta,ives at Washington by reason of the
illegal manner in which several States have
elected their delegates. The law on the
subject of elections to the House declares
that each representative shall be elected
from single district; yet in the face of
this enactment the States of New Hamp-
shire. Missouri, Georgia and Mississippi
have each elected their several delegations
by general ticket.
There can be no question as to the true
view of this case. The elected claimants
from New Hampshire, Missouri, Georgia
and Mississippi have no more right to seats
in the next Congress than the same number
of respectable gentlemen taken from any
county in Maryland would have to seats in
the Legislature of Virginia. There is not
the shadow of right
When the Election bill was passed by
Congress it is well remembered that Mr.
TYLER, in strange forgetfulness of his
official duty, and in utter disregard of all
propriety, while he signed the bill, accom-
panied his signature with his recorded OBJ
jections and doubts as TO the constitution
atty of the measure. A most unheard of
proceeding-an act of weakness sufficient
to stamp imbecility upon any responsible
official By this conduct on the part of the
highest officer of the Government certain
States have been encouraged to treat the
authority of the Government with con.
Tempt and they have accordingly disre-
garded the law of Congress in this particu.
lar which the Act concerning elections was
designed toregulate.
The ground taken by these States-and
it is the same which weighed in the tender
scruples of Mr.. Tyler's mind when he
signed the bill Nth his obiections--is that
Congress had no right by the Constitution
to direct the States to district themselves.
The language of the Constitution will afford
an answer to this allegation-thus: "The
times, places and manner Of holding cleo
tions for Senators and Representatives shall
be prescribed in each State by the Legisla-
ture thereof-bMMe Congress mag at ana
time by la,o make or alter such regulations
except as to the places of choosing Sena-
tors" 1t follows plainly enough from this
provision that an Act of Congress prescrib-
ing the mode of electing representatives by
single districts would as matter of course
do away with any different system which
might exist in any State. 1t is equally
clear that if any State should persist in
adhering to the General Ticket system,
which is forbidden by the law of Congress,
the persons elected by that mode would
not be entitled to seats in the House.
How is it possible that such persons can
be admitted as members of the House?
The certificates which they may bring with
them cannot attest that they were elected
according to law. Congress has declared
that no one shall sit as a member of the
House of Representatives unless he comes
as the representative of single district.
This is an essential condtion-as much so
as it is essential that the claimant shall have
received majority Of votes in his district.
But the plea of unconstitutionality-I
what is to be said of that? We have quoted
the language of the Constitution which
Congress to make regulations as
to the times, places, and manner of electing
The power is so plainly
conferred that there can be no doubt about
it-nor is it disputed. The whole ground
of opposition to the law is founded on the
petty quibbe that Congress has no con-
power to make the States divide
themselves into districts. 1t must not die
sovereign States-this is the idea; and with
this sublime conception New Hampshire
and her sister recusants lift themselves up
and look as dignified as possible.
Now the case is briefly this: The States,
as such, have no right to send representa-
tives to Congress at all except under the
Constitution and the laws of Congress
passed in accordance herewith. For the
General Government was created by the
Constitution; it is a special, separate exist
ence independent of the States; it is
Government in its own right, and as a
matter of course it has full power to say
how its officers and functionaries shall be
chosen; what their duties shall be, and in
short to prescribe such rules as to it shall
seem Int for the proper performance of its
uses. The Constitution does this in respect
to fundamentals, and Congress has discre-
ton to act farther when necessary, in &C
cordance with the terms of the Constitu-
ton. Now the States may be as sovereign
as they please in their particular sphere
but here is another Government beyond
their spheres including them. Their origi-
nal sovereignty gives them no right what
ever to interfere with this other govern
ment; their only right is derived from the
Constitution. The States, on the plea of
their individual sovereignty, have abstractly
no more right to send representatives to
Congress than they have to claim seats for
their delegates in the British Parliament.
If then the General Government prescribes
a form according to which the members
of one branch of itslegisative council shall
be chosen-and its constitutional right TO