The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-10
HOUSE OF REPRESENTATIVES,

Prayer by the Rev. Mr.. TNsLEY.
The CLERK then read the Journal of yesterday
after which
! Mr. CHAPMAN asked the consent of the House
to present resolution Of the Legislature Of Alabama
| IN relation to the public lands
The SPEAKER said II could only be received by
the unanimous consent Of the House
! II was OBJ ,ted to.
! The SPEAKER announced the spe ciai orders of
the day, being the
REPORT OF THE COMMITTEE ON ELECTIONS.
! Mr.. NORRIS then took the floor, and said that he
should meet this great constitutional question free
from all party considerations because it involves
the right Of the of four sovereign
bers of this Conlederacy which is great constu-
tional right and which this Government cannot
abridge or restrict He said this Government could
not take away the machinery of the States for con-
Quoting their elections without furnishing others,
which this bill had not done To illustrate his posi-
ton, he would suppose that the next Legislature of
New Hampshire should change the vote Of that State
from the general ticket system to that of the district
system, and would be null, void, and imperative, uI
less it furnished the machnery because the right of
representation is high constitutional right which
cannot be abridged. The case with this Government
IS the same, II It possesses the power, because it
must futnisd the machinery necessary 10 conduct sad
elections II the doctrines contained in the port of
the minority and the protest true, this Govern
ment would be at end; because the vefy difficulty
which the Go stitulion intended 10 remedy by giving
| n
ncr, and the mode of odng such election, is To-
dueed by that law. This power was given TO Cpn-
gfess Tor The express purpose OF securing TO the Pc
pie the great constitutional right of repre- entation
but this law Of the last Wing Congress. if maintain
ed, destroys the very right which those who passed
that law were bound by their oaths to protect Why
did not the friends OF that bill march up boldly and
supply all the machinery necessary TO secure tha,
right Did they intend to di,fIanchsc four SOW
reign members of this Confederacy should the Lepis
atures fail TO obey this mandae1 Not one of the N
dare proclaim such sentiment. In what part of the
Constitution do they lind the power to 90 into the
territories Of the sovereign States, and partition of
into districts thus desroyi ing their soyereipnty IL Is
claimed under the himsy pro,ext of the power given
TO Congress to change the time, the place, and the
manner of hold NJ such ee cons, which this law has
no, done but has nded the States t. perform
hat which it lad not the consti,ut onaI power TO
do itself He referred To various hieh aurhorii,s
IN support of this great constitutional right, aud
made a triumphant rel ly TO the argument of the
gentleman from Vermont, (Mr CDllamer.) He called
the attention of the gentleman from New York (MI
Hunt to The resolutions of the Legislature of the
sovereign State of New York insruciing their Sena-
tors and rqu sting their r., essnatives to vote for
The iepeal OF that law Gentlemen have said that they
hoped this would not be made patty que. ton but
be would ask those gentlemen who was that made
II party question They, themselves b, eau they
came into this Hall at the beginning OF the session
with written protest, conceived in the spirit of party
preJudng this question. Now, they do no, wish 10
]
from Kentucky GMt G. iderl had said that he que
iioaed the PATRIOTISM of the S ate of New Ha rpshre
which ruck hs heart freibly but he would inform
tha, gentleman thai her patroli.m had been settled
long ago, and his shas fell harmless her feet Let
him ,earch the arch YES of the country a nd he will
there fad that her patriotism requires no endorsement
from HIN. II Will there be found that her gallant ci-
uzens, with their bosoms Overlooking with patriotic
de oion Tor Their country rallied around lls standard
during the late wal, and hey fought, hed aud died
on The Northwestern frontier in defence of their coun-
try. The chatge of want Of Iarioism comes with
iaiher bid grece from that gentleman He would
tell gentlemen that should the Legislature OF New
Hampshire choose 10 district that Sslc not 10 lay tie
daucing JUNCTION to their souls that they would be
The gamers, because by no possible could they
get one Representative from that alriolic State
which has always been true 10 the Cons tuition
Mr.. CHAPPELL, or Ge'Tgh coDtcnded that he
law commanded the States to perform an act which
! Congress had not the co stutonal power to do
therefore The law was imperative, null and void,
because il would, feauied out deprive four gu
States OF iher sOverelgnN. He replied ia able
aud pow ertul manner to thesgument ofMr Newton,
of Virginia, aud his construction Of The English
common law, who said judge must Il ain hard TO
max" a Law ,f,ctiv lie denied this pfopo iiior
under the Constitution, because man NUT strai
hard TO give Construction to any law, but the very
revere. All laws must be literally construed and
when there Is d1ub', must not strain hard to
I've II cons ruetion, becau,e 4 would be dangerous
to The sovereign members Of this coniedcracy and t,
Ar, CATLIN said the ro,olution. before the
| House Shec.s great consut ona question, and he
was disposed at first to have lei the subject lone
aud let tho'e gentlemen who were inter ested in th.
vital eson, debate iis merits, and give oily 81
lent vote. lie said that some gentlemen bad said
that this question would be debated before the people
but he wond inform them that this question h ,d al.
ready been debated IN the Legislature OF Councillor,
state which he has the honor in part represent,
and that the second SECTION Of the apportonment act
had been declared by that Legirlaturet be void and
and imperative, and had been approved by the Gov.
ernor OF thlt State, gentleman OF great legal
lcainif & and that the question had already been
debated before The % ope. he SAD that The States
Of Mississippi, Georgia, Missouri and New Hamp-
shire had complied with the Constitution because
they had app tinted the time ,he place and manner Of
holding their elections, which had not been altered
by The second section of tie Apportionmsn act lie
was fee 10 admit that Congress has the power TO
change the time, the place. the msnner and mode Of
holding such electuns but he sgaeed wi the gentle
man hom Tenre'see (Mr. Jones' that the power
was given 10 be exercised only IN the ca -e of
ueme emergency t,Iei peuate lbs existence which had
not arscn. The gentleman from Virginia Mr.. New
TONI in the course of his reak although he doubt
ed himself the constitutonaliy r the second section
Of that bull, disposed To censure the President
for denying the power Of the second section upon
State legislation, but he skulkeJ behind his own dig
nifty, and said he would not with the dead When
and where has he dicdi Was 1t at the time he al
lowed his name to be placed upon the ticket OF the
universal Wing party, and when the gentleman him
self was singing "Tppccanoc" and Tyler too" that
he died Was IL at the time that he vetoed the first
and seconJ Bank bills, the little tariff bill the black
tariff bill with the distribution clause lie is not
6 dead by his manly hrmness he rescued the
= country from the dominion OF a foreign and do.
: nestle moncyed arstoorscy, and for those noble
acts he will long live in the affections of the coun-
try. Although he had n,t approved all Of his acts,
e yet he awarded to him the credit OF rescuing his
country from the hands Of those who fast des
troying it, and his many virtues will long be apprec
: ated by the American People. lie is not dead, bat
alive, and when those who have abused him will be