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

The CLERK then read the Journal Of yesterday
After which,
the day, being the
REPORT FROM THE COMMITTEE ON ELECTIONS.
Mr. BELSER asked and obtained tho consent Of the
House offer resolution asking the of The Hall
for the Congressional Temperance Society, which
was agreed to.
MI. HARRISON, Of Georgia, being en'itle ed to
the floor, rose anu addressed the House upon the
unconslitutonali,y Of the law which commanded the
States 1, district He said when he first came here
he had INDUCED the hope that this important quts-
tinn would have been met a liberal spirit bu, in
this. he had been dsappoia ed, because the minority
report closes with the hope that those who have de
ceivcd the people, will bs tn from their I'll got
ten power the lion shakes the dew from his
IL this sle is thrown at the Democ ralic party it
comes with rather bad grace, because that party
With which 1t IL his pride 10 act. has never derived
power from he people by such means. The princi-
pies Of The Democratic party have been always open
~ and publicly proclaimed and these missiles fall
harmless at their feet. The question: in its present
shape, was not parry question the State OF Ge pr
gia because both parties deny the consiitu!ionalitv
of This mandatory law, and she has returned mem
beers to this Hou-e OF both political parties ;
hut she has gone and Distracted of her own
free will, without paying any attention to this
law. The second section of the Apportooment act,
if it had been complied WITH would have put the State
OF Georgia to the unnecessary expense of calling her
Legislature together for the purpose of comply ing
with this law, which that State did not choose to IN
cur independently Of the unconslilu ionalty Of the
mandate itself True Georgia had dist icled, and she
would continue to exercise her sovereign power aud
regulate her election laws in such manner as she
should think proper, without asking this Government
whether she shall not Was this power in
tended to be exercised by this Government, which is
only the creature Of the States Who ever thought
this power, at this day, would have been rcsed
years The power was given TO Congress only
To DO exercised, IN case OF extreme emergency,
to perpetua,e the existence Of the Government,
should the States fail in sending Representatives
here. This was the design Of thi, power; but the
Twenty seventh Congress chose to exercise this pow
er without any crisis having arrived to Justify its ex-
ercse Some gentlemen had quoted Mr. Madison 10
sustain Them IN the exercise OF This power and he
hoped the House would excuse him for referring
also to the opinions Of Mr.. Madison, which will be
found in Elliots Debates, who said il was ne
yer intended TO be exercised except it neces-
sary to Perpetuaie the existence of the Govern
ment. lie also referred to the opinions of
Mr.. Jay, expressed IN the Convention which adop-
ted the Constitution, which be presumed
20 authority Tor some gentlemen who sus ain
ed the views of Mr.. Ma llson and which sustain
those who have denied the exercise OF this power
this f,oi. Tons power not only does not belong TO
the General Government but IL does not belong t. the
ate Leg iSlaiures, bee iuse neither deprive the
u
right bel, nI'ng 10 them which y earth
can take away. Such would be a dissolution
The U nion because II would ,pfye four Ste es Of
their representation which would be a Evolutionary
movement; and RS such he People would look up,n
exercise OF tins power, caiined by the Twenty
seventh Congress, sn never before exercised since
the formation Of the Government. He then wsnt
ino constitutional argument support of his views,
and said the present question in viii h the
States were engaged for the perpeius ion OF their
on he 9TH E.nIt f.,x.r A..
contending Tor the cons ldativn of all power in the
General Government, which would, a. IL succeeded,
make the States nothing more nor less than petty
corporations This dir gerous power of cons
is the siructve element Of Stale sovereignty, which
the People and The States should sst tor power is
always sealing from the macy TO he few and he cN
ercse OF this law would be ,1cmpi6cation of the
fart.
Mr.. BoWLIN, of Missouri said he should have
been content TO have given a silent vote upon this
subject If it had not been for the remarks which fell
from gentlemen the ether side, who had charged
the people OF Missouri with multiplying a Law of Con-
gress whose Represe ntatve he was, and whose
rights he would defend lie hurled back the ephet.
flung al them, because they were a law abiding peo
pie and loved the Union Of the States; and, if the
charge Of notification belongs anywhere II belongs
TO the Twenty-seventh Congress, because that body
nulied the State laws without furnishing the
sary machinery to 10 the states their repre-
sentaton on this floor. Ifibe States had adopted the
nishing the machinery, it would have been VOID and
imperative sDd the Union would have been virtualy
dissolved so the c arge OF notification comes " it'll
bad grace from the other side Of the House. because
it exclusively belongs TO themselves He looked al
this law its proper light it was adopted by the
Twcny-sevcnth Congress, not becal they approved
the principles Of the second section Of the Apportion
ment act, but tn the hope that the Pres dent would
veto IT, and thus leave the States without representa-
ton, which would give them fair opportunity OF
bringing that power Of the Constitution into dis
repute, because the President cung fast TO lis old
State rights doctrines aud checked tAem m their con
soliatIng career, which had elected their anger II
they had FOR one moment thought that the President
would have signed this BILL it would never have been
passed but the President gave his gnaiur9 to the
bill accompani,d with Protest, which prostrated
their designs. This was The design Of the Twenty
Seventh Congress II they could have succeeded IN
destroying tins conservative power of the Constu.
ton their design OF consolidation would have been
accomplished to a certain eX eni; and they thongh,
the mos, successful manner To accomplish this end
would be TO extor from the President the exercise OF
his high constitutional prerogave, and, by the fire.
quent exercise OF IT, bring II Into Jlsrepute with the
people, which would secure its abrogaion. Ever
since he adoption Of the Federal Cons tuition, the
exercise Of these implied powers have been claimed
by the Wing, rather The Federal party, while the
Democratic party has left all doubtful powers with
the people aud the States exercising only those pow
ers which expressly delegated Why has the
Federal party attempted to force construction Of
the Constitution To cenrslize all POWER in their
hand, and thus perpetuate their existence :
This is plain, manifest and undeniabe, and
which the history of the country sustaIns.-
Two parties existed in the Convention, which adopt
ed the Constitution, which the aris.ooratic ant
the Democratic parties, but the Democratic part,
iriumpbed, and adopted the present glodous Consu
tuition and from that day TO the prcsen, time Tho
Federal party has attempted TO derive power from
that instrument to perpetuaie their existence, by I'm
Pile .tion, which the Democratic party has success
fully resisted up to the present time. lie the,
made able constitutional argument against the law
and said that those gentlemen who bad signed tn
protest, pr.judging this question, were not compe
tent judges, because they had expressed an op'nio