The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1844-07-04

The slseior ssnnsi possess ne sane op-
Pefioniiy. Dsdsr he one system a. sa5sr
lhs ofhsr. 81 becoaisg sreasinlsd .nh
snd ssees,siaiag de espas,iy and kdelisy
Of The esndifsieior be sutffsg,. A sler-
Dor. residing IN one fSissms u he slsls.
cannot Be prssumsd % kn0~ ssndldsle
lising o. di.s.ses IRON him. perhaps 81
ihs oshsr sEHems. By he gsneial nek.
e. the minority 10 state % enmplslely
smothtied. From these. and o,hsr We as
~ he sutjeri. q his been lang pslnolie
wish enirTIs'n-d thar there should be srms
uniform a'odr, ho'h Of slsesing mrmtes
ioihe HoUsenl Representative and choos-
ING slseiors Of Pfesidsni and Wee Presi-
dent. l Isrollfei stll. sems twenty
years sga. shsn public opinion appeared
v be slmosi unanimous upan ihls suhieei.
Well. the lssl Wing Congress. 10 order 20
prevent ibs sbUses, and ~ correct lhe ins.
quality. arising cutoff diverse modes Of
elfciing members Of The House Of Repre-
sshis'lses. passed IN sel requiring Inst ii
should be uniform and by di.ricls. This
sei In conformity with an express giant
of poser ron'aInsd 10 the constitution of
The United States. Itch declares ihsi ..lhe
times. places, and msnnsr 81 holding cleo
tons for sensinr.. and representatives..
shall be prescribed in each stale by The
L,sisisiure thereof; bnf, The Congress
may. al any fine. By lar. make or alter
such regulations, erespi as 10 The places
Of ehoosing Senaiors." With iha, rea-
sonsbls. .qu.l. end ju.t ari Of Congress.
every Wing state. whose Legislature as
sembled IN time after iis passage, strictly
complied. aud laid of their respective
states into dIsuici. accordingly. Bot the
four ststes. win Democratic Legislatures,
Of Georgia, Mississippi, Missouri. and
New HampshIre. refused IN conform 20
the Law, treated IL With ronsmpluous
neglect. and suffered the elections for
members ofihe House Of Representatives,
to proceed, in total disregard Of Il. provi.
Sons. This was . new species Of nulli
icaiion. no, less reprehenslble than that
which sas attempted formerly in snnlh.
er stale, though sduilting Of more es-
sy and peaceful remedy. That remedy
was 10 refuse 10 allow the members. re-
turned from the four states, to take their
seats in the House Of Representatives,.
whIch they had no constitutional or legal
right 10 occupy. That question the pres
ent House Of Representatives had 10 de.
eide. Bai u was predicted. long before
they assembled. confidently predicted, tina,
the members from the iour refractory
stsies, would be allowed TO take their seais.
the constitution and the lsw notw,ihst.nd
ing. Why was IL go predicted! Was IL
not because II was known. from the gene
rsl chsrscrer and eonduci OF the dominan,
party. in the House. tina, II would no, he.
state 10 trample under foot both law and
constitution. if necessary to the accom-.
plishment Of a party object! According
". the question recently came up 10 the
House, and the members from the four
states were admitted TO their seals. And
what, fellow cii'zens. do you suppose vas
the process Of reasoning by which this
mos, extraordinary result, was brought
shout Congress you have seen is invest
ed with unlimited power to make regnla-
lions ss to the tunes. places, and manner
Of holding elections Tor representatives,
or 10 alter those which nigh. have been
previously made by the state legislatures.
There 10 nothing IN the gran, Of The pow.
er. which enj"'ns upon Congress to exer.
else the whole OF il. or none. Considers.
tons Of obsi"us convenience concor m
lesv ing to the several .tares themselves,
the fxstion Of The times aud places OF
holding those elections. In that, each
state may be governed by it's sense oil s
own convenience, without injurlously af-
ferting othtr states. Blu, n\is different
with The manner of holding elections. that
is whether !. be by general tickle, or by
the district system. II s"me states elect
by general mcket. i. gives TO them an
undue advantage over those sta'es which
elect by the dIstnct system. The man-
ner, therefore. Of holding elections was
fitsnhjec'. and the o"ly &, subject cont.in.
ed in the grant Of power. for c"ngression-
al Legislation. Il Congress had legisla.
ted beyo that. IT would have overreach.
ed The convenience and necessity Of the
case. But the dominsn, party, in the
present House Of Representatives. have
strangely assumed. that Congress could
no, execute part Of the granted power,
without the whole. According to their To-
pic the major does no. include the minor.
In their view Governmep. cannot execute
spar, Of a power with which itis en,rus'ed
without i, executes the whole Of power
vested in it. II this principle be true. when
applied TO part Of The Constitution. IL
would he equally true IN its application to
the whole constitution; but there are ma
ny parts OF the constitution that never have
been and probably never will be executed.
And, if the doctrine of the d"mlnsnt par.
~ in the House Of Representative be
sound. all the laws enacted by Congress
since The commencement OF the govern
ment are null and void. because Con.