Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1844-02-17

$3.50 ~ W A. I"' &c HdJVIItN VI tue tHeHl-
bers of this House is Of political com.
plexion different from that of the las,
House; and finding itself possessed of the
power, has thought fiji TO exercise It. by re-.
L. cognizing these persons as though they
: were legally entitled TO seats. That they
are legally entitled we very much doubt
whether majority of the House will even
tually maintain, even by their votes, az we
are sure they cannot by argument. Indeed,
we think it altogether possible that. before
the close of this Congress. The supremacy
of the laws will be re-established by an &C.
Acknowledgement of that authority which
thus far. has been condemned and over
borne. The case has. we know occurred
repeatedly in the Legislatures of the diff.
ferent States, of an individual member
known TO be disqualified by the State Con.
stitution (by being, for example, Minister
Of The Gospel, and on that ground inegi.
ble) having been allowed TO sit as a mem.
Der until nearly the last hour of the session.
and then excluded, in order TO vindicate
the law. We have confidence enough in
"the sober second thought" of the majority
Of the House of Representatives TO hope.
at least that, sooner or later, they will do
Justice 10 the law. TO themselves, and 10 the
country in this matter.
The question involved in this protest, and
the proceedings which gave rise to il, is one
upon the merits Of which we have ever
had but one opinion, and that opinion so
clear that it is difficult to conceive how anv
one can entertain a different one.
No State has an inherent right to send
Representatives TO Congress. All the right
Of State TO be represented in Congress
springs from the Constitution, and exists
only in the manner and form prescribed in
that instrument. If in any other manner
or form any State elects persons to repre-
sent her, those persons cannot legally take
their seats in Congress.
For present convenience, and because
no Congress pre.e1isted TO exercise this
function, the Constitution declared that
"the times, places, and manner of holding
elections for Representatives (meaning in
the first Congress) shall be prescribed in
each State BY the Legislature thereof. BUT
the Congress may at any time Chat is to
say, after the Congress, then in embryo.
should come into existence) make or alter
such regulations. ..
The election Of members of Congress in
the several States, or in particular States by
general ticket, was certainly not within the
contemplation of the trainers of the Con-
s,iution. The Senate was to represent THE
STATES; the House Of Representatives. To
represent mot the States, buD THE PEOPLE.
"The policy of referring the appointment
of the House Of Representatives to the Peo-
pie, and not TO the Legislatures of the
States" said Mr. Madison, in debate upon
the adoption Of the Constitution, "supposes
that the result will be somewhat influenced
by the mode. 1t was found impossible to
fr the time, place, and manner Of the cleo
ton of Representatives IN the Constitution
1t was found necessary to leave the regula
ton of these, in the first place, to the State
Governments, as being the best acquainted
with the situation of the people, subject to
the control of the General Government, il
order 10 enable il TO produce uniformit,
and prevent its own dissolution"
r The election Of representatives by gene
raj ticket in some States, whilst liz other
e they were chosen by districts, besides it
producing an unjust inequality in the weigh
of the several States in the Representative
, body, has always been against the spirit O
the Constitution, IF within its letter)--t
effect being to withhold from the people III
transferring that right to the whole State
or rather TO that central power which i
such cases is always called into existence I
select the persons whose names are to b
placed on the general ticket. Who doe
not know that, every election of represer
tives to Congress by general ticket, il is NJ
the people who freely select the represer
tatves. but the caucus or convention of IN
IN dominant party, whereby very often pc
sons are chosen to Congress who wOul
have been among the last whom the peopl
even of the ruling party, would have tho
of placing there' The further effect {
elections by ge neral ticket is to deny
the minority within any State, howeve
nearly equal in number to The majority. Il
right of being represented at all, the oble
n, of the Constitution having been to secul
the right of representation MOTTO each Sta
merely, but to the people in each of Il
districts or representative aPPortionmen
of every State. The whole country Their
F. fore, mus, have felt indebted TO those patr
otto members of the last Congress, VIII
uninhuenced, we believe, by any party pu
pose, united to procure the passage of ;
ng act 10 give effect 10 the constitution. and
o. restore TO the people the right of whl
p the substance had in some States be-
he wrested from them by party aristocracit
ur always willing to build up their own Ell
'at nence at the expense of the rights of
of body of the people. The act directs
ed representatives TO be chosen by dlstrl'
having passed, became as binding as a
,p- other provision either of the CONSTITUTE
by mr. the laws. most certainly as binding