Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1844-03-08
SPEECH OF MIR COIJAMER

Ia Tie House u Representatives. Fb. 7th, upon The
Report Of The committee on elections, relaliue 10
The members elected upon general ticket.
MIR. COLLAMER, rose and proceeded with
his remarks nearly as follows: In June, 1912, in
pursuance OF the Constitution, Congress passed
an act apporloning the Representatives anon :
he States, according 10 the sixth census; and in
he second section provided that they should be
chosen by districts Tint passed both Houses of
Congress, aud was approved by the President
All the States have coDlormed to the first section
of that law but four have dsregarded its second
section unconstitutional aud this House is now
called on 10 sustain those States in their course.
This House is, by The Constitution, TO Judge
OF the elections, returns, and qualification of us
own members,' but that does moi authorize il to
override or disregard the Constitution, or the law,
made in pursuance thereof, defining such qualli-
cation. The pot1er aud duty of this House in
Judging of the election and qualification of its
members, is the same power an.l duty as that of
court in The decision OF IA cause that is to he
guided and governed by The law, not to overlurn
or disregard it.
| THIS is probably the first time in our history
when single branch OF the Legislature has been
called Oh TO pronounce a law, which has received
the sanction of all the departments Of the law
making power, including this branch as unconsii-
tutlonal and imperative. Such question may
have arisen before the Executive but more fire.
|
should be exercised 10y branch OF the Legs
iolure, and ihal, too, in where their decision
is tiual and conclusive, is new and moment0us |
mention this not because | consider this House
has not The power to irca; m unconstitutional act
us vUl but thar, in the delicate business OF so do
InS, We should proceed with the utmost caution,
and claim no infalliJiiiy, but in case which is
clear, past all reasonable doubt. We should
have even greater degree Of certainty, if pussi.
ble Than the Supreme Court require, that we may
stand IN no ambiguous position before The people.
| should be remembered thar this House is sub
jecI to political danger, aud it is doubtful policy
10 make decision now on pnrty grounds which
may induce mode OF proceeding in the Sc, eral
States which will leave their future elections in
doubt and danger.
The several States of this Union are indeed
sovereign States within the proper sphere of their
jurisdiction but in the relation they hold 10 the
General Government, and in all that concerns the
jurisdiction OF this General Government, the
States are subordinate; Their powers, rights, and
duties beng limited aud contracted by the prov is
IONS of the Constitution. The States do not from
the uere fact OF being sovereign Siales, have any
right 10 choose Representatives 10 This Congress-
any more Than TO send members TO the Parliament
| OF Great Britain or the Chamber of Deputies IN
France. Texas, Mexico, are sOuereign Sidies, but
that gives them no right of representation here.
| The only right 10 elect members To either House
given 10y the Constitutions, and il must be exer-
csed under The limitation that it prescrlbes.
Much is constantly said ahut right, sovereign
rights 1t might be Well, occasionally, to recol-
| ieet- That every right implies Il correlaye duiy /;
and all wh9 claim Their rights should perform
their duties. The IslllS- OF The people Of the
States to elect Representatives l6-C Congress mud
The duties 10 be regarded in the making such e.
lection, must he all determined by the Consllu.
/ lion.
lie Representatives having been apporlioned
among The States by Congress, agreeably 10 The
Constitution, we como now 10 look for the mode
OF their election. The provision of the ConstIIu.
non OH this subject is us follows: "The times.
places aud manner OF holding elections Tor Sen
nIors aud representa- ives shall be prescribed in
eecli State by the Legislature thereof, hut the
Congress may at any tlme by law make or utter
such regulations except as TO the places of choos.
ing Senators" Something has been said in leila
non TO the shall and may in this provision of the
Constitution, us il shall was used TO confer more
power on The State Legislature than may confer.
red on Congress. II The occasion OH which this
was drawn Is considered, il will fully explain the
use oil these terms. The Convention MAS form
| ing the Constitution II was providing for the
creation Ola Congress OF q new model The Con-
venlon could hot, in the Constitution, provide ali
tue particulars for tho first election and there was
no congress 10 do II until one was first chosen. -
t"' o"'y poss'p'o moue, therefore, was 10 direcf
me Slales hrs TO nuke the regulations SO that a
congress could be elected, and then 10 subject
these regulations TO the discretion and supery
OF Congress for all after lme by the grant OF the
Subsequent power TO them. 10 test this matter,
and sscerain whether such was the use OF these
terms, let us trauspose these words, and then the
sentence would have run thus The time. place.
aud manner OF holding elections may be prescrib
cd in each State by the Legislature thereof. bu,
Congress shall at any time, 10y law, make or alter
such regulations" . Is 1t nol.apparent that such a
sentence would DO utterly inconsistent with VIVA,
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