The Arkansas banner., 1844-04-03

ents, to deprive the people oi Staie ot lheT right to choose representatives.
 8. In the next place, it .pfopides reme- dv for the evil, if any State, by reason of in yasion, or other cause, cannot have II In Its .power to appoint place where the citizens can safely meet to choose representatives.
 Il. In the last place, as the plan Is but an experiment, il may hereafter become im- porlant, with view to the regular operations of tie general government, that there should be q uniformity in the time and manner of electing representatives and senators, 80 eS fo preeent raeaaeies tehen Here may b. calls for extraordinary session of Congress. If such time should occur, or such unifor- mity be hereafter desirable, Congress is the only body possessing the means to produce it, Story, D. ,, ?. 29e.
 Now, the position which he Mr. N.) as- sumed was. that this act of Congress was wholly imperative and void; because, if va- lid to the extent contended for by it's advo- cates here. 1t would by its own operation aad force, deprive the people of four sove- reign States ol this Union of thelr right oi representation in this House. The passage of an act by Congress producing such results and consequences was complete subverslon of s.the nature and objects of the particular powers. duties, and rights, conferred upon them in the fourth section, as explained with all the lights and aids of contemporary his tory.n Ii would be perceived that ''the na- ture and objects of the particular powers" conferred upon Congress by this section in the Constitution as thus explained by these s.lights and aids" were i'll every instance, without solitary exception, to secure to the people of the several States. at all times, and in every emergency, the high privilege and constitutional right of representation. To prevent the annihilation or abridgement of that privilege and right. constituted the duty imposed. Ii appeared to him then, MT. N. said.) to be as clearly demonstrated as any problem in mathematics, that the law now under discussion, dsfranchising {as il did, if valid) the people of four States, instead of being authorized by any power conferred upon Congress under the fourth section, was complete subversion of its intent and de- sign The contemporary history to which he had referred the House clearly showed the intent and design of that section in the constitution to have been, to enable Congress to remedy the very evil-to avoid the very exigency--to guard against the very difficult ty-presented in the case now before the House, If that law be of any validity It never was designed, nor had Congress the constitutional right, to pass laws. under the pretenee oi regulating the manner of holding elections which would produce such an emergency; but their sole duty in this mat fer was to provide a remedy against such o..!4 privileges of the people. He Mr. NJ said he would not dwell longer upon proposi- ton so plain. There was one thing, how ever. in connexion with 1t, 10 which he de- sired to call the attention of the gentleman from South Carolina, Mir Campbell, and other gentlemen here, who were members of the last Congress, and advocates of the con- stitutionaity and validity of this law In a speech made in this hall, July 6, 1S42. by the honorable gentleman from South Carolina, was the following passage: "Mr c. then re- ferred 10 the intelligence that had been re- ceived, that each branch of the Legislature of New Hampshlre-which he complimented as one of the most patriotic States in the Ualon-had adopted resolutions expressive ot a determination not to district her territo- ry.' As long ago, then, as July, 1872 and during the first regular session of the 27th Congress, and while the reasons of the Pre- sldent for approving this very law were un- der consideration in this hall, that gentleman knew, and promulgated the fact to Congress and the country, that the Legislature of New Hampshire had solemnly declared its ssdeter- termination not to district her territory.'- The last Congress, then, was, by the show of q h,
 tified of what the Legislature of that State would do; or rather of what it would not do in this matter. That Congress (sad Mir. N. had just passed an act which, if consti- tutional and binding upon the people of the several States, woald (without further legis- lation, either by Congress or the State Le- gislature, so as to render it's performance prac- ticable on that part of the people, dsfran- chise and cut off'the people of that State from representation in this House. Under such circumstances, he would ask the gentleman from South Carolina--he would ask gentle men upon the other side of the House, who had signed the ssformal and solemn protestn who had been members of the last Con- gress, and who had been then sworn before high Heaven to support the Constitution. what was their duty? Why, the answer is
 
 Flainly and forcibly given in the exposition of s'the nature and objects of the particular powers and duties'' conferred upon Congress under the fourth section, to which he had already referred the House. Suppose this act of Congress did impose Constitutional obligation upon the State Legislatures to as- seinble and enact regulations agreeably to the rule therein prescribed; yet the legislature of Kow HannShiro had dacl,rad .o Conrro.s in the most solemn manner, that for Consti- tutiona reasons they could and would do no such thing. Here, then, was refractory Slate. The people of State were about to be deprived of their high right of repre- sentation by an act of that very Congress, un- less remedy were provided. What, then, lMr N. repeated, under such circumstances, was the duty of tn, dominant party in the last Congress, which passed this act' Why, It was 10 haze provided, without delay, reg