Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-07-18
RUTLAND. THURSDAY, JULY IS 1914

iorm mode, Of ,lec,ing members TO the
House Of Representatives and choosing
electors Of Prcsideu, aud Vice President -
| rccollect well, some twenty years ago,
when public opinion appeared 10 b almost
unanimous upon this subject Well, the
las, Wing Congress, in order to prevent the
abuses, and to correct the inequality, ari.
sing on, of the diverse modes of electinC
members OF the House Of Representatives
passed an act requiring that it should be
uniform and by districts This act was in
conformity with an express grant Of power
contained in the constitution of the United
States, which declares tina, the times, pla.
ces, and manner Of holding elections for
Senators, and Representative, $, shall be pre-.
scribed in each State by the Legislature
thereof bnt the Congress NAV, al anu
time, by lac, make or alter such repula.
tons, cxcrp. as 10 The place of ehoos;n Q
Senator'S" With reasonable. equal and
jus, act OF Congress every Wing State.
whose Legislature assembled in time after
its passage, strictly complied, and laid of
their respective States into districts accor.
dinghy. But the four States, with Demo
cratic Legislatures, Georgia, Mississippi.
Missouri and New Hampshire refused to
conform to the Law, treated it with con.
tcmptuous neglect, and suffered the elections
FOR members Of the House of Representa-.
tives 10 proceed, in total disregard of its
provisions. This was new specie of null.
LITIGATION, not less reprehensible than tina,
which was att, mpted formerly in an other
State, though admitting OF a more easy and
peaceful remedy. That remedy was to
refuse 10 allow the members, returned
from the four States, to take their seats in
the House OF Representatives, which they
had no constitutional or legal right 10 oc-
cnpy Thut question the present House of
Representatives had TO decide But it was
predicted long before they assembled conf
IDENTIFY predicted, that the members from the
four refractory States would be allowed to
10 take their seats, the constitution and the
law notwithstanding. Why was 1t so pre-.
dicted ? Was it not because it was known.
from the general character and conduct of
the dominant party, in the House, that i,
would not hesitate 10 lrample under foo, both
law and constitution, if necessary TO the &C.
complishment of party objcct2 Accor-
dinghy, the question recently came up in
the House and the members from the
four States were admitted to their seats -
And what, fellow citizens, do you suppose
vas the process of reasoning by which
this most extraordinary result, was brought
about? Congress you have seen i, inves.
ted with, unlimited power TO make regula-
tons as TO the time places, and manner of
holding elections for Representatives,, or
to alter those which might have been pre-
viously made by the State Legislatures
There is nothing in the gran, oflhe power
which cnjoins upon Congress to exercise
the whole of it, or none. Considerations of
obvious convenience concur in leaving 10
the several States themselves, the fxation of
the time and places Of holding their cleo.
tons In that, States may be governed BY
its sense of its own convenience. without
injuriously affecting other States. Blu. it
is different with the manner of holding c.
ec,ions, that is whether i, be by the gener-
al ticket or by the district system. If some
States elected by a general lickcct it gives
to them an undue advantage over those States
which elect by the district system. The
manner, therefore, of holding election, was
n fit subject, and the only subject, contained
in The grant of power, for Congressional
legislation. If Congress had legislated be-
yond that it would have overreached the
convenience and necessity of the case
But the dominant party, in the prcsen,
House Of Representatives, have strangely
assumed that Congress could not execute a
part of the granted power, without the
whole According to their logic the major
does not include the minor In their views
Government cannot execute part of a
power with which it executes the whole OF
power vested in it. lfthis principle be
true, when applied 10 part of the consti
tuition, it would be equally true in its appli.
cation 10 the whole constitution; but there
are many parts oflhe constitution that never
havebeen and probably never will be exc
cutej. And if the doctrine Of the dominant
party, in the House of Representatives be
sound, all the laws enacted by Congress.
has not executed all the powers of govern
ment with which ii is instructed The doc
trine, applied 10 the enjoyment of private
property, would restrain man from using
any part of his property, unless he used The
whole Of It.
The case OF the New Jersey election i.
familiar with every body. There the whig
members who presented themselves al
Washington, to take their seats bore with
them the highest credentials, under the grea
seal OF their state, demonstrating their righ
10 occupy them. They had been regular
" declared and returned elected member.
OF the House OF Representatives, BY the reg
ular authorities, and according to the law
Of The State Of New-Jersey. Agreeably tc
uniform usage: which had prevailed il
that House froE. The commencement, Of thu
Government, and according to the usage
which prevails in every representative body