The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-08
HOUSE OF REPRESENTATIVES.
THURSDAY, February 8, 1914


HOUSE OF REPRESENTATIVES
THURSDAY, February 8, 1914.
Prayer by the Rev. Mr. TMsLEY.
The CLERK then read the Journal Of yesterday af-
ter which,
Mr.. BEARDSLEY said the question to be settled
by this House is whether the representatives claiming
seats by the general ticket constt utonay elect
ed not and in discussing this question he should
d, 50 with Ieffeci respect for the opinions of the
last Congress, and should be brief in coming 10 his
argument The powers of this Government are
pressly defined, beyond which il cannot go, and as
The right Of suffrage is one which belonged TO the
people before the Constitution, and as the Govern
ment IL creature of the States, the act If he last
Congress Is TO all lntens and purposes null and void
and not binding upon them. Therefore he clear
ly of the opinion that this House is EN- oAeiel with
due authority To invesligae the subject in Jude ia
point of view. clothed with powers a. ample the
Supreme CONT and in discussing the quesli n, it
would b. TO refer 10 the laws the States
they existed al the time ofthc Passage Of this law He
did net pretend to deny that Congress could take
The whole inject out Of the hands of the States be-
Gauss the Constitution gives the pewcr to alter the
mode the manner, the time, and the place of holding
the elections In the Stales but if the power is exer
cised, Congle's rcus cover The whole ground il must
appoint the officers 10 conduct the elections. When
the States act in this matter, under the Constitution
Congress possess,s no right whatever to in,
terere; but, il Congress should choose to act
in the matter it must cover the whole ground, or they
have nothing whatever to do with the subject. The
power given to Congress TO alter the State regula
tons, clear and explicit but the question arises
whether the act of the last Congress did alter the
manner, The time and place of holding the elections
1t did not, because Congress engraf the atera.
ton upon the Stale system, before the law be in
full force The law itself is incomplete, because it
did not alter the time the manner, and the place Of
boldng such elections. If the States exercise the
power under the Constitution, Congress has not the
right TO Interfere except TO alter the time manner
and place of holding such elections, which power it
did not exercise.
Mr. JONES, Of Tennessee, said this was an impor-
tant question, because II denies the right of twenty
members Of four sovereign States to seats this
floor, which, examination, sinks into utter in
significance, because it conflicts with the constitu
tional power Of the States. Where is the power to
be found IN the Constitution deprivng those Repre-
seniatires 10 seats on this floor The Constitution
was formed by the wisdom Of its trainers, which dc
clares that the People shall choose, every second
year, Representatives and the electors in each
Stale shall have the qualifications requisite for cleo
tors oi the most numerous branch Of the State Lee
glsistures. The Constitution then, emphatcally de-
clares that the People shall elect Representatives
and the States Of Georgia, New Hampshire, Nilsson
"a, and Mississippi, have chosen their Representa-
lives according to this provision Of the Constitution,
exercising all the machinery necessary 10 conduct
said election.
Again The Constitution says that "No person
shall be Representative who shall not have attained
TO The age of twenty five years, and been years
q citizen Of the United States, and who shall not,
when elected, lie an inhsbant of that State in which
be, shall be chosen" Has not this provision been
complied with Certainly it has, in every essential
particular. IL also declares that Representatives
and direct taxes shall be apportioned among he sew
era States which may be included in this Union, &C
eording TO their respective numbers which shall be
determined by adding to the whole number OF free
persons including those bound TO service for a term
off, nd Indians moi lax cd
Of all other persons. The actual enumeration shall
be made within three years after the meeting of the
first Congress Of the United States, and within every
subsequent term OF ten years, IN such manner they
THE Statesl shall by law direct The number Of Re
personalities shall not exceed for every thirty
thousand, but each State mot portion Of State
shall have at least one Representative, and until such
enumeration shall be made, the State OF New Hamp-
shire shall be entitled to choose three, Massachusetts
eight Rhode Island and Providence Plantations one
Connecticut FIVE, New York six, New Jersey four,
Pennsylvania eight, Delaware one, Mary land six,
Virginia ten, North Carolina five, South Carolins
FIVE, Georgia three" The power conferred by this
clause of the Constitution upon Congress is
10 apportion tn bass Of representation; and
IL 1t went beyond that 1t would be an
act OF supererogation. Has not this clause Of
the Constitution been complied with by the
States Of Mississippi, Missouri, Georgia, and New
Hampshlrc' Certainly. What objection is there,
then to the right of these members to their seatsi
Constitution and the second ,eotion Of the Appor-
tionment act and place them in juxtapostion, which
act declares States shall district, and IL will be
found that it is mandate to them to perform
tain act, q power which be denied to this Govern
ment and II exercised, would be subversive OF the
sovereignty Of the States That clause OF the Con-
stitution which says Congress may alter the time,
place and manner OF holding elections, was only in
tended incidental power concurrent with those
Of the States and only intended TO be exercised IN
regulating the mere machinery Of holding elections
but no where II be found that Congress has the
power TO district the States, much less to command
them as the second section Of this act does to per-
form an act which II cannot exercise itself and which
tie trainers Of the Constitution intended to
fer upon this Government Tbs power is first
vested in the State Legislatures, whom Is presumed
are better acquainted with the feelings of the people
Of the States tnan Congress ever be- representing
various sectors Of the country but this incidental
power was given Congress that IN case any State
should fail to comply with its constitutional powers,
Congress might interfere 10 prevent am lnterregnum
in the Government; and unless this emergency
should arise IT has no constitutional jurisdiction.
The Constitution says the People shall choose their
representatits-th the whole People and not partoof
the People which is conclusive in itself, and which
places this subject beyond the reach OF Congress,
unless the States should fail to exercise their oonst
tulonal rights That clause Of the Constitution, I'M
der which Congress claims the power to change and
alter The time Of holding elections, gives IL equally
the power to change the mode, The manner, and the
tne OF holding elections NJ S~na,orS but he denied
the whole power 90 loag the States complied with
the Constitution Will any gentleman on this Acor
contend that Congress has the power TO Icy OF scy
State into tuo dial IL of SleCtiDe