Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1844-02-23

ioi o"o 'eeisnllvc power wien II also was exercise
IN conformity with the Constitution. While, there
fore he could never lightly pass over or aside III
authority OF law of Congress, he was just as fear
less in forming and in declaring judgment as 10 tn
State authority only. In the present they wcr
called on the one hand to examine the expressed vii
of the Congress of the United States, and on the 9th
er the expressed will of four sovereign States of thu
Union, and to say which OF these wills was in con
fornrty with the Constitution. He had no hesitation
in declaring it as his deliberate judgment, TINT a,
Congress had failed to furnish law according tc
which the people of the States might be represented
IN the House OF Representatives, that the power
ferred on the States TO do this for themselves re-
manned with these four States, and that, therefore
their Representatives had been constitutionally ecc
ted.
Mr. D. observed in conclusion, tina, he should have
said nothing on the present occasion, had not some
Of the gentlemen claiming to be professors, at the
opening of the session, advanced grave charges
against those who happened to differ from them in
opinion they had ntiinated that such gentlemen had
dipped their souls in perjury while the kiss Of the
Evancests yet trembed upon their lips" The only
possible excuse or palliaon he could conceive Of for
the use Of language like this was that men conscious
naturally disposed to judge Of tho conduct OF others
Mr.. COLLAMER obtained the floor, and yielded
| O'Clock
This motion, by ayes As, noes 60, was rejected.
But no qnorem voted.
And no quorum had been prcsen, in the House =,
any time IN the day after half past one o'clo",.
But the House having refused TO adj.
Mr. C0LLAMER, Of VerTnsnt, Then rose and
nne 1910 WV; T.; MS .'aras nearly as follows: In
sune' io.| III pursuance of the Constitution, Con-
. poo sed an act apporloning the Representatives
zig the States, according to the sixth census and
IN the second section provided that they should be
chosen BY districts That passed both Houses OF
Congress, and was approved by the president. All
the States have conformed to the first section Of that
la htt E,t,r
unconshtationai and this House is now called on to
sustain those States in their course.
This House is, by the Constitution, 10 "judge OF
the elections, returns, and qualification Of its own
fncmbers; but that does not authorize it to overue
or disregard the Cons tuition, or the law made IN
pursuance thereof defining such qualification. The
po,oer and duty Of this House. in Judging of the cleo.
ton and qualification of its members, is the same
power and duty as that of in the decision of
causes that 49, 10 be guided and governed BY the law
not to overturn or disregard il.
This IS probably the first time in our history when
single branch Of the Legislature has been called on
to pronounce law, which has received the sanction
OF al the departments Of the Ia Nv making power, in
Guiding his branch. as unconditional and nopera
tive. Such question may have arisen before the
Executive, but more fieqieny before the Judcia-
~ but that this power should be exercised BY one
branch Of the Legislature, and that, TOO in case
where their decision 10 final and conclusive is new
and momentous. l mention this moi because con.
slider this House has the power to treat an uncop.
st'u,ona act as void bu, that in the delicate bust
ness of so doing, we should proceed with the utmost
caution, and cl,m no infiuabiiHy but in cause
Which ia clear, past all reasonable doubt We should
have even grcater degree of certainty If possible
than the Supreme Court require, that we may stand
IN no ambiguous position before the people, 1t
should be remembered that this House is subject 10
political changes, and it is doubtful policy 10 make
decision now, on party grounds which NAV induce
mode of proceeding in the several States which will
leave their future elections in doubt and danger
Inc several States of this Union are indeed sovs.
reign States within the proper sphere of their urs.
dlcon, but IN the relation they hold to the General
Government, and in all that concerns the jurisdiction
OF this General Government, the States are sbordi-
nate; their powers rights, and duties being limited
ana contracted by the provisions Of the Constitution.
The States do not from the mere fact of being sope-
reign States, have any RICH, to choose Rcpresenta-
tves to thus Congress, any more than 10 send men,
bsrs to the Parliament of Great Britain or the Cham
bers OF Deputies in France. Texas, Mexico are SOP.
eretgn States but that gives them no right of rcpre
sanitation here. The only right to elect members to
either House of Congress b. the people of any State
Is what Is given by the Constitution, and il must be
exercised under the limitation that it prescribes.
Much Is constantly said about rights, sovereign
rights 1t might be well, occasionally, to recollect
that every right implies corrslative duty; and all
who claim their rights should perform their duties
The rights Of the people of the States to elect Repre-
sentaves TO Congress, and the duties to be regarded
IN the making such election, must be all determined
by the Constitution.
The Representatives having been apportioned
s,,,,i,n e ,n,,,a ~ 10 'e ION
elc,;" III o;o r ' IN ~. .'io 'i,?ue Vi o'eiI
snhnc, s n, fns e.'rGa - o , on .lIS
nar Of bnldinn aIoc,;o,. t'r i''u' a"u man
ta,vas al ali 4, nras,'I S,,i. S anu hepI esen
a,nrr ,h'"noe ,, a r eaen ot.e uy t!e Legs
avy maxi ~ .l,n ab ro,.'Iin 'y u. wy une py
nL,ces If choosin, Son,,osssm sTrep' ds ~ sie
Sal in raIa,f, :, H., 80, .'','s ""s picn
nroy;s;on a. Ill.,, C',', us s"ure nu may III ,ni>
20 for ,,,ro nntor as H.. a1 Il s,.a was usou 10
conferred on Congress If he o.".aia o mhuy
a i ~ ole;Gee' y 'uc OCCASION on when ms
Of ,Loso ,arn,s NJ G W., 'uy eNlall .!e use
'or.,;,n,;on !, ,,s ,rn,;In g." va" ,L io'.,'s we
,1nfrose If na,y n,ndi Th r w.. .'e",' ii vi
i, H., f,na.;,,,; ,;l III IN e'.o' Iou'u no'
q, '' I p.o'.o al nc Pur"WarS ioI
ii ona uas srs coso "'s III No Cois'css 10 10 II IN
,hsrnfors ,as -, mee, H., iu u o', possIole inode
ol,,Ia,;o,, ba, e. ,'e S'u'es ''s. 10 ma &c tie
Inn w sL,,o, ,so eou'u oe elec.eu, and
-, cnnross ~ 'le "ec.oh ana
Of ,he shson,en VI I utter 1e' oy we grant
Tor and osceI,o;', L",hor s' ', - vs.. ''''s Iha
,e,ns 10, s ,rans,a Ia' .e use VI 'Iese
,c,',a .,',IJ hp ,l "V M, anu "e, lhesen,
,nannr nr Lai,; ~ nus llc ,''''e' P'ace' ana
e'ch S,,.a h ,h eoeios m'y pe prescribed IN
sL1U a, an, 'nS b. .'1Ieoi, out congress
lions n r,.' Jaw t,.a"e III a'ei such iee'lia
he n,,eri Nv, anp.. alS' sIch sentence would