The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-13

would not be made party question. Oh, MOI They
did not want IL to be made party question: when
lhey had drawn up party protest, and passed Judg
meot before they were called upon 10 decide IT,
Is such course OF action consistent with the
institutions oil the country' Suppose the Supreme
CouIt were TO express an opinion upon question
out Of doors before Il had been presented 10 them
for their decision, would il be proper tribunal TO
decide question which they had prejudgodi
MIR DAVIS, Of Kentucky, next addressed the
House, and contendod that the States by the terms
OF the Constitution, we're bound to furnish the ma
chincry necessary TO secure their representation,
because the second section OF the superintendent
act only changed the system from the general ticket
to that OF the district and the language of the Cons
tuition Is imperative upon this subject, and which the
States were bound 10 obey. Gentlemen, however,
contend that Congress bound 10 furnish the ma
chinery to hold said elections, which power is no
where to be found in the Constitution Congress can
alter the State SYSTEM and the States under The Con-
stiluion, bound to furnish the machinery
ry TO secure to the people representation. lie refer
red to various authorities IN support OF his argument,
| and conended that the second section Of the Appor-
| tonnent act was constitutional, and those States
which had refused to comply with that law not
| entitled TO representation on this floor
Mr. STILES next took the floor, but yielded to
| allow
Mr.. C J. INGERsOLL to offer an amendment to
the resolutions reported by the majority, simply de-
claring thai the members f,om the States of Misss-
| entitled to their seats.
| message from the Senate.
MIR. STILES then resumed the subject, and con-
tended that the law was unconstitutional because II
conflcted with the delegated rights secured to
| the STATES by the Constitution and, as such, il
was void AID imperative. In the Of
| his remarks he made very sarcastic allusion 10
the position Of his colleague Mr. Stephens) who hid
commended that the law constitutional, yet he had
held to his seat against his conscience, and had
sWp IN it,,fin
was conscientious in his opinions, no where he
find in the CODE which he as chosen for his profess
| sion, that he is entitled TO his per di, which he IS,
and has been drawngf he has not been constitutions
ally elected but perhaps his colleague settle the
question with his conscience either way.
Ms. STEPHENS said that his colleague was not
his conscientious judge, but that was individual
right, and he would not judge Of his colleagues
science, neither did he wish him to judge of his-
| lie had acted from principle, while his colleague
+, acted from interest in this matter.
Mr. STILES resumed, and said that he did not
| stand in the attitude Of judge Of as colleagues
conscience bui, if he believed he was not constu
tionally elected by what rule he contend tina, he
IS entitled to that to which he has right, is be-
yond his comprehension, il tins House should de-
eide he was constItutionally elected His colleague
| might have sved himself this trouble, because he
might have absented himself from the floor of this
House, without remaining here to prove that he
| not entitled TO a seat by argument. But he would
but upon the great principle OF what he conceived to
be right and wrong, invoking upon him the last ad-
, monion OF Judge upon a dying criminal, which
was "may God, in his infinite judgment, have
| mercy upon his SOIL" lie then passed on 10 the
other topics involve in the question: and contended
that the People do del the right If representa-
ton from the Constitution, because they possessed
that right before the adoption of the CoI,stu iJn
The People are The source of all power hence they
cannot derive power from instrument of their
or .fInn h.( .t.l.
given 10 it by the People and all he powers hich
were not delegated to the neral Government and
- the State Legislatures, belong 10 the People, and
| among them wers that OF representation which no
| law can abidgr
| Mr.. SCHENCK then took the floor and made
sarcastic reply to he remarks of Mr.. Catin (Which
he said had prepared with gre II care eulogsing
the hfinntss and patriotism ofthe President, who
| not now in his seat. No; he shou not have said
he was not in his seat because ON looking over
the ether side OF the Houss he found that he occupied
The seat which had been vaca ed by the ton OF the
Executive IN The other end OF tae Capt and he pre-
suned when he was preparing that eu!ogium with
great care, be had eye upon a vacant Postmaster
shipor that OF District Aorneyship in his strict
However as this was merely his opinion he said he
would pass to his argu and contendeJ that the
law constiiu iona aud that tie States bound
| to obey l..
Mr.. DROMGOOLE then obtained the floor and
offered an amendment to the res buttons Of the
| Of Missouri, New Hampshire, Mississippi and Geor-
| gia entitled to their seats.
MIR. lNGERSOLL said that the amendment
similar to his IN principle, though il was die en in
| language, therefore, he withdrew his amendment
Mr.. DROMGOOLE said that tie question had
! now been debated for more than a week aud as the
majorIty responsible 10 the country, he should
this evening" although it late, say what little he
| had TO sa,. The minority had had fair opportunity
to debate this question, and they could not
| nj nj thcir had ho. aded nv
10 iy. He referr. TO the law which had been hur-
RED through this House under the previous question,
| and which had been pockoted by Mr.. Tyler, pro-
claiming that the Representatives claiming seats on
this floor should come with their certificates stating
upon their face that they elected by districts
the Clerk should not enroll them This bill IL had re
ceved the sanction of the President would have been
Wing diploma, and it purely of party cha
racter; the admonition from that side OF the House
not TO make thi, any oher question one Of party
Oh raccr comes with bad grace from them. He
then went into long constitutional argument, and
said the law was void and imperative
/ Mr.. BARRi NIGER next obtained the floor
! Mr.. SCHENCk then moved that the House ad-
journ and called for teers, who reported SO in tie
aiirma i've, and 81 in the negative.
| So the House refused to adj urn.
Mr.. BARRlNGER then proceeded in his remarks,
and said this the first time since the formation Of
the Government that law Of Congress had been re-
versed, and he hoped the crisis would never again
occur except TO reverse the decision, (of which he
had presentiment,) that will take place tonight
tie then passed to his argument IN favor Of the
constitutonaily Of the law, which he commended the
Stat were bound TO obey TO pr their right to
representation.
Mr.. BARNARD then obtained the floor, but gave
way to
Mr.. SAMPLE, WHO mtvod that the House adj
urn, and called for tsllers, which were ordered
who reported - in the affirmative and GO in the mega
l tive.
SO the House refused to adjourn.
MIR. DROMGOOLE said il gentlemen were anx-
ious TO have full house to hear speech, thing
never before done, he would move a call Of the
House, that they might have an audience but with