The Arkansas banner., 1844-03-20

lament that are impossible to be performed, ase ofno valid ty. If tllera arise out of them calaie.ally any absurd Consequences, mani- sfsstly contrary to common reason, they arc, with regard 10 these collateral consequences, void.''
 Now it must be steadily kept in view, that there arc three parties to tllis contest; Con gsess. the State legislatures, and the people of the States who possess the nGefeasible right
 of representation Each legislative body has
 its appropriate sphere, and the laws of each
 are binding upon the people, when made Tn
 pursuance of the powers vested m them by
 the fundamental articles of their creatlon---
 Each acts within is own o4it, Independently of the other. controlled by its own discretion, uninauenccd by Inc commands regulallons
 of the other.
 The fourth section of the first article of the
 constitution is in theFe words: The times, places. and manner of holding elections for senators and representatives shall be presc1ib- cd in each S:ate by the legislature thereof; but the Congress may, al any time, by law. make or alter such regulations, except as to the places of choosing senator's" Here is a concurrent power; and whatever authority the Saies may exercise by virtue Of this sec ton, Congress possesses and can exercise, whenever contingency happens, such as the famers of the constitution supposed might arise in the course of events. All the del ates in the several Stale conventions. which ratified lAe federal constitution, eenelusively show that the power here given to Congress, IS merely conservative power, graiited for tie purpose, and the sole purpose, of eGabllng the general government in case of the ina billy or neglect of the Sates to make regu- lalions for holaing elections for members oi Congress, to preserve it's OWL existence by securing to the people the mears of having representation This power was given to fortify the rights of the people; not to en- danger, or suspend. or destroy them. This point has been so ably treated by others tlal will do no more than refer gentlemen to those debates aud the history of the lorma- ton ard the ratification of the constitution, from which alone the intention and meaning of those wise men who formed our conslih- tion can be obt.iGel; and 10 remarl, that, such being thc clear, obvious intent of the section. the present attempt to control tho discretion of the ates is I fragrant usurra ton of power, and gross and ineXcusable assault upon the rights ol the States.
 But, for the argument, l admit that Con- g-ess has all the power the widest la,iiudi- harlan can claim under this section. Bu Congress has not completed it's work. The second section of the apportionment act de- clares that members of Congress shall be elected by districts composed of contagious territory. But where are Vour districts? By what metes and bounds are they known = Congress has Jeff the people i'll the dark = The legislatures of four States have not iu- formed the people what counties, townships. and ueighborhoods compose them. Suppose the people ever-so well disposed to elect by districts, it is impossible for them to ol,cc,,. your law. Suppose the present members rejected they return To their constituents; the legislatures stand still; the people must again elect hy the known practicable laws of the sate, or remain ungepgesented. Then they will be taxed without being represent ed their rights legislated upon without being heard. For this cause our fathers tore asun- der the cords which bound them to the throne of c eat Britain; and adjure gentlemen not to try this experiment upon their children.- The act, then, is of no validity; because, in the language of the law hooks, '' it is impos- sil:!e te perforned;n and one of the absurd consequences, maniie .N contrary to com mon reason, which collaieeally arises out of the laF. is the deprivation of whole people of the right of representation, and, therefore, 1t is roid.
 Bat the next question is, are the Sates compelled to obey this mandatory act of Con- gsess Has Congress the right to issue a manlamus to the States, and thus control their legislative discretion2 Very few of those who were rariicipators in this debate have answered this inierrogatory in the allirma tive: and those gentlemen have done so in a faltesing tone If there be any one principle clearly established in political government, and recognised by all parties, 1t is, that the laws of the federal government act upon in dividuals, not upon communities in their ag gregae character In an article in the Fede raist, written hv Alexander Hamilton, (and this book is of acknowledged authority on all sides,) we find this allusion to this very sub ject 1.-The great and radical vice in the construction of the existing confederation. (alludmg to the old articles of confederation  k in the pincipls of lsgisAaifon for lSiaes or goeernR, a's in their corporaie or coiiecfjre capacities. and as contra9istinguished from the iadir;dua'S of whom they consist" He then proceeds to show. with great ability and learning, the advantages of our present form of government in making its laws to operate directly upon the individual citizens of the United States.
 Bnt it has been asserted that there are two lea'ling instances in which Congress has de- viated ltom this principle; and the first case is in the law passed designating the time within which electors for President and Vice President shall he chosen. The constitution says: "Congress may determine the time of choosing electors, and the day on which they shall give their votes.n By the act of 1792, Congress declared the time be within thirty-four days of the first "Wednesday in December every four years, and the electors Shpul3 tt,aE Ee..t H'oI,,as,to,, in, 1a