The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-08

claim the right to district state Cor the election OF
Senators. II II can exercise power, il can tho
other, but he utterly dcnicd the power nconsis-
tent with the genius Of the American People and sub
versve Of the Constitution the lundamen tai and
ganic law of the landthe Constitution OF the United
States winch he had sworn u support The Con-
sttulion says the People shall elect Representatives
and II had been said this floor that some gentle
men made speeches for Buncombe, which is only an
other name for that Of the People but he would, in
all eandor and sincerity say that he speaking
for the People-Buncombe II gentlemen please
that they may understand and maintain their
constitutional rights, before those Of the States,
guaranteed by the Constitution, shall be swa allowed
up under the broad mantle Of a laludinous construc-
tion Of the Constitution, which, il not checked, is
fast fastening this Government TO consolidation the
destructive element to free and representative gov
eminent, based alone upon the public WILL and Sc
cured by the Constitution itself.
The Stale Of Tennessee has $50, 900 freemen who
entitled to vote for Representatives this oor,
but II would be much easier to divide that State into
districts to elect two Senators, than To divide 1t into
eleven districts, the number Of Representatives to
which she is entitled and, II Congress exercise
the one power, ii can the other but il wOul be done
in violation Of the Constitution unless the contn
gency should arise which the trainers Of the CoDsti
tuition intended. Ii this power claimed by the last
Congress, should be exercised, what security would
the people Of the several States have None what
ever. II tro hundred members Of this House, and
exercise the power at pleasure Of distrclng the
States the true spirit OF representative government
is gone, because Congress could control the leglsa-
lures Of the States and there would be no further
for them because they to be independent soyer-
eighties according to the letter aud spirit of the Con-
stitution lie denied the constitptionality Of this
law, and contended that il the People should
assemble and send Representatives here by the
general ticket system, according TO the basis Of
representation provided by Congress, a power es-
be entitled to all the privileges of Representatives
and his vote should sustain them. The Constitution
gives the power to this House TO be the judges Of its
own electioLs therefore Is competeAt for to de-
eide upon the qualifications OF lis own members, On
the one hand, have the Constitu ion aud, on the
other, the second section OF the Apportionment act
made in violation Of the Constitution, because the
crisis had arrived for Congress TO exercise its
powers and because State had refused to send Rep
resentatves here therefore the second section Of that
actwas nullty, void and imperative, because the
Constitution is the supreme law of The land. When
he came here he took the OATH at the Speakers DESK
to support the Constitution as he understood it, and
not As other men Hnderstand 1t and with this con-
vic'ion OF his high constitutional Obligations, he was
prepared to give his vote in favor OF the geDtlemen
claiming seals on this floor FROM the free and soye-
reign States of Missouri, New Hampshire, Georgia
and Mississippi.
Mr., CALEB SMITH then took the floor, and spoke
earnestly in favor of the law districtng the States,
and boldly commended that the non distriited States
had violated that law, therefore the gentlemen claim
ing seats by the general ticket system were not enti
tied TO their seats on the floor of Congress.
The question was further debated by Mr.. & RI
DER III favor of the law, and and Mr.. COBB against
Mr.. THOMASSON inquired if there had not been
motion made to substitute the resolution Of the mi
nority for that Of the ma ority'
The SPEAKER said there had not
Mr.. CRANSTON said he hoped the question
would not be passed over at this time, and moved an
adjournment.
The yeas and nays were demanded by several gen.
tlemen, which were ordered.
The CLERK then called the roll, and the following
is the result-yeas 81, nays 49,.
So the House refused to ad journ.
Mr.. NEWTON then took the floor, and said he
would not question the power Of this House TO de
eide this question and then gave way at the sugges
ton Of
Mr.. VANCE, who moved all adjournment.
Upon division OF the question, IT was decided IN
the negative.
So the House refused to adjourn.
sTMrsNEWTON said that the resolution under con-
sideraon declares Tits law to be a nullty, void aud
imperative but ii passed the House and the Sen.
ate, and received the sanction Of the President
which was the form prescribed by the Constitution for
it 10 become law. tie did not stand here the Gu
logizer Of the President because it not his dispo
stion 10 euloeze the dead but be hoped this House
would have met this great constitutional question IN
the spirit that the President did when 1t sent
to him for his Official sanction; however, from the
disposition evlnced by gentlemen, he was afraid il
would not. lie then replied TO the arguments Of
Mr.. Bcardsley whom he said only endorsed the sem
tinents OF the honorable Senator from New York
(Mr Wright whose opinions he had adopted lie
here gave way to-
Mr.. SCtiENCk, who moved an adjournment, and
called for teers, which ordered.
Messrs. Winthrop and Cave Johnson were appoint
ed ,elIers, who reported 50 in the Affirmative, and 81
in the negative.
SO the House refused to iourn
Mr.. NEWTON again resumed, and finished his
argument in favor Of the law, and against the right
Of the gentlemen claiming their seats under the gene
raj ticket system.
Mr. THOMPSON then moved that the House adj
journ
And the House adjourned.