The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-29

OF Representatives, all OF one political party, might
acquire more power, IN that House, than the State
OF New lerk, which, electing It's members by dis
ricts, might return an equal or nearly an eqnal
number ot men hers of both the parties. Accord
nc 20 the general ticket system, II Is impossible
that The electv~ franchise be exercised with the
same discretion aud Iudg meat under the district
system. Tie elecior cannot possess the same OPP
portualiy usdrr the one sysitm under the other,
VI becoming acquainted with ana a-certsining the
capacity and hichty Of the candidate for his suf-
irag,. An elector, reading In one extreme OF the
state, cannot be presumed 10 know a candidate
living al distance from him, perhaps NJ the other
~xirrme. fiy the gensral ticket, the minority IN y
state - completely smoihsred. From these, ana
other views OF the subject. n has been long pa
rioiic wish entertained that there should be SOM
uniform mode, both Of elsc,Inr members TO the
House al Kepr~sentaflves and choosing electors oil
Preslden, aud Vice Prsssdsnt-
reeollect well, scme twenty years ago, when
public opinion appeared 90 be almost unanimous
upon this subject. Well, the lasf Wing Congress,
~ order 10 prevent the abasss, and 10 correct the
inequality. arising out OF the diverse modes OF
electng mrHbrrs OF the House Of Representatives.
passed an act requiring that ~ shoulI be uniform
aud iy districts. THIS act wa, IN conformity with
exptess grant 1T pO ger contained IA the consi-
tuition Of the United States, which declares that
"the times. places, aud manner Of holding elections
tor Senators. aud Representatives, shall I've pre-
scrbed Ia each State by the Legislature thereof 4;
but, the Congress may, AT any time. by law, MAKE
or alter such regulations except To- the places OF
choosing Senator'S" With that reasonable, equal
and Just act Of Congress. every Wing state, whose
Legislature assembled In time after It's passage,
strictly complied, and laid Of their respective States
into districts accordingly But the irur States,
with Democratic Legislatures, Of Georgia, Misss-
sippl, Missouri, and New Hampshire, refused To
conform to the law, treated u with contenpiuous
negl-ct, and suffered the elections Tor members OF
the House of Represe ntatives TO proceed. IN total
disregard of It's provisions THIS was a new spe
cirs OF nulllfica'ion, not less reprehensioe than
that which was at empied formerly IN apoth
State, though admitting oi r more easy and peace
fu remedy. That remedy was To- refuse 10 allow
the members, returned from the four States TO take
their seats IN the House OF Representatives, which
they had no constitutional or legal night to occupy
That question the present House OF Representa-
tives had TO decide. But II was now predicted
long before they assembled, confidently predicted,
that the members from the four refractory States
would be allowed to take their seats, the constiiu
ton and the law notwithstanding. Why was u
50 predctedl Was il not because IL was known,
from the general character and conduct OF the DOM
nant parry, in the House, that IL would not hesItat
to trample under foot both law and constitution,
necessary tn the accomplishment Of party object
Accordingly, the question recently came up IN the
House, and the members from the four States were
admitted to their seats. Aud what, fellow citizens,
DO you suppose the process Of reasoning by
which this mos, extraordinary result was brought
aboutl Congress you have seen is invested with
unlimited power TO make regulations as To the
times, places, aud manner OF holding elections FOL
representatives, to alter those which might have
been previously made by the State Legislatures
There Is nothing IN the grant oil the power, which
enjoins upon Congress to exercise the whole OF IT.
or none Considerations ut obvious convenience
concur in leaving to the several States hemse Ives
the ixaon Of the times and places OF holding those
elections In that, each State may be governed by
its sense OF its own convenience, without injurious
ly affecting other States.
But ii is different with the manner of holding
elections, that 10, whfther II be by general ticket
| or by the district system II some states elect by
| general ticket 1t gives to them an undue advan
tage over those States which elect by the distric
system. The manner, therefore, Of holding cleo
tons was ht subject, and the only fit subject con
tanned IN the grant OF power, fer Congressional le
gislation. IfCongrss had legslated beyond tina,
| it would have OveHeached the convenience an,
necessity of the case. But the dominant party, II
the present House OF Representatives, have strange
| y assumed, that Congress could not execute par
Of the granted power without the whole. .Ac
cOrdirg to their logic, the major does not includ
| the minor. In their view Government cannot exc
| cute part OF power with which II ~ entrusted
| without it executes the whole Of power vese'
in it. If this principle be true, when applied 10
part of The Constitution, would be equally true u
its application 10 the whole constitution but Their
are many parts of the constitution that never hav,
been, and, probably, never will be executed ALd
If the doctrine of the dominant party, IN the Hous
of Representatives, be sound, all the laws enacic'
by Congress since the commencement of the 60
| vernment are null and void, because Congress ha
| not executed all the powers OF government viii
which it is entrusted. The doctrine, applied TO ih'
| enjoyment of private property, would restrain !
man from using any part OF his property, unless h'
| used the whole OF II
The case of the New Jerey election is iamilis
with everybody There, the wing members wh'
presented themselves at Washington, 10 take thei
seats, bore with them the highest credentla s,unde
| the great seal of their State. demonstrating ihel
right to occupy them. They had been REGULAR,
| declared and returned elected members Of lh'
| House of Representatives, by the regular anthon
lies, and accordIr to the law OF the State OF New
Jersey. Agreeaby to the uniform usage which hat
L iIed IN hail frnm he m Urf u mt
| he Government, and according to the 0sage wblci
prevails in every representative body, they had
tight demand TO be admitted to their seais, an,
TO hold and occupy them, until any objection
| which might exist against them, should be subse
luently investigated. In the case oil the Tour State
already noticed, 1t was important to the interests
/ he dominant party, In order TO swell their malo
rlty, that the members returned should be Above,
TO take their seats, although elected contrary Il
aw. In the New Jersey case, 1t was important q
the dominant party to enabl, II to retain rs mao
fit to exclude the whig members, although return
| d according to law. The decision, IN both cases
was adapted to the exigency of party interest, il
utter contempt, beth of constitution and law; an,
it is worthy of observation that, in the decision
against the wing members Of New Jersey, member
who boast OF being emphaticaly the patrons an'
defenders of State rights, concuned in trampni
under foot the laws and authorities OF that State.
In connexion with the subject on which an
now addressing you, the manner OF admission o
| Michigan into the Union ID worthy OF notice. Ac
cordiug to the usage which had uniformly prevaie,
prior to the admission Of the states Of Michigan ant
Arkansas, a previous act of Congress was passed
authorizing the sense OF the people OF the lenion
10 be taken, In convention, and regulating the cleo
ton of members to that body limiting their choice
TO citizens of the United States residing in the ter
| nitory. Michigan, without the sanction OF pre-
vious act Of Congress, undertook upon her sole an
| thonty, to form constli ution, and demanded ad
mission into the Union. In appointing members {,
hat convention, great number OF aliens, as wei
as citizens of the United States, were allowed ,c
| sdent citizens Under these circumstances, she
applied to Congress to be admitted into the Union
No one questioned or doubted that she wa.
entitled to he received, whenever she presented
herself regularly and according to law But it was
| objected against her admission, that she had as
sumed to act against all usage, without the author
Ity OF Congress, and that contrary TO the Constiiu
ton and laws of the United States, she had per.
mltted aliens to partake Of the elective franchise
The danger pointed out, Of allowing aliens VA.
| naturalized, and without reuouncng their allie.
IN fnret soy a,Cp1 and nsa q