The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1844-02-07

Mr. WOODBURY. having the floor, spoke at great
length in an examination of the relative merits Of
the tariff acts of 1928 and 1912. 81
Without taking the question, the Senate ad journed
HOUSE OF REPRESENTATIVES,.
WEDNESDAY, Feb 7, 1874
Prayer by The Rev. Mr. TINsLEY.
The CLERK then read the Journal Of yesterday
After which,
order to be the
REPORT OF THE COMMITTEE ON ELECTIONS.
ELMER took the floor and finished his argument
commenced yesterday, denying the consttutonality
OF the law commanding the States to district, declar
ing that law void and imperative. He said he was
not opposed to the dslrctng of the States because
he had previously advocated that mode of election 10
the Legislature of New Jersey; but he was opposed
to it from conscientious conviction of its unconsti-
nationality, and because it conhlcted with the rights
of the States, virtually repeating the laws of the
States, which power Congress cannot exercise.
Mr.. BELSER said this was a great constitutional
question, and he asked gentlemen Of both political
parties to consider it in its proper light for it is to
operate for future ages. He said that he occupied
position on the question different from heparty which
it was his pride and pleasure to act when he could
do so consstenty but in the beginning Of the session
he had voted against the spreading of the Protest Of the
minority upon the Journal because he was opposed to
The gentleman from New York (Mr. Barnard) had
said that the members claiming their seats on this
hoor had no more right to those than SO many
men in the gallery to which he did not subscribe be
cause those members claiming seats came here with
the broad seal OF their States, which was a min
tacie evidence to them, and were entitled to vote
upon all questions, until the question had been
ad,udicated by this House, who shall, according to
the Constitution, be the judges of the qualifications of
its own members. He however, said that the law
xUa Oot tfv Ao1 h,,t
majority, and went into long constitutional areu-
ment referring to various authorities in support of
his position
| A message from the Senate, informing the House
that the Senate had passed the House bill making
certain transfers OF naval appropriations
MIR. DILLINGH said that Congress has the
power to prescribe the number of Repres eBtatiyes
and there the power Of Congress ends, and then com
mences the action of the States but the clause of
the Constitution which says that Congress may
alter or abolish the manner aud mode of elect
ing Representatives to Congress- was only in
tended by the trainers of the Constitution to
prevent the States from being unrepresentcd
IN case any one Of them should fail 10 send
their Representatives. But the trainers of the Con-
stiiuton intended to give to Congress the right
OF making up this motley mixture Of powers-Con-
gress furnishing the red patch aud the States the
iohfe, but intended for Congress 10 apportion
the States, and then it devoved upun the States to
district The number of Representatives to which they
are entitled. When Mr.. Madison was asked in rela-
lion to this dangerous power, he replied il was not
intended that Congress should exercise this high du-
ty except in Of extreme emergencies but that
he did not believe that there would ever be found
Congress who would be so lost to sefrespect as TO
claim the exercise OF this power except in extreme
cases, which might arise from invading army who
might drive the State Legislatures from their seats of
Government, not giving them opportunity to pre-
scribe the place manner and mode Of elet ting their
Representatives This was the contingency which
the Constitution intended to remedy but it was me-
yer intended that the General Government should
furnish the pepper, and the States the salt to season
their broth. The late act Of Congress only de-
clared that the States should elect their Re-
presentativ,s by districts, but that act did not
prescribe the manner the mode, the time, and place
OF holding such elections, according TO the powers
under which they claim to exercise This right but
II mandate to the States 10 perform that
which IT had not exercised itself. IL Congress pos
sessed the power TO say that the States should be
presented by Districts IT had the power to take the
whole subject out of the hands of the Sta Legisla-
lures thus virtually obstructng and restricting tn r
authority but he denied this power in toto But, as
the act OF Congress was purely mandatory, it was,
in his opinion, unconstitutional and which the fra
mers of the Constitution never intended should be
exercised by Congress.
Mr.. WOODWARD then took the floor and
spoke earnestly against the constitutional power of
Congress to district the States except in Of
treme emergency, and cited various authorities,
among them that of Mr.. Nicholas, in the Virginia
Convention, in illustration of his argument lie said
that Congress does not possess the power Of control
ling the elective franchise; that belongs TO the people
of South Carolina and the other States Congress
create the office, but the people must create the
officer inherent right The power, under the
Constitution, is given TO the people of the States to
elect their representatives. Congress claims the
power however to district the States and IL IT could
exercise that power it could district them unequally.
The idea of gentlemen that Congress has the power
equal with the Legislatures to district the States
fsllacy, and cannot be sustained by argument The
Constitution prescribes the form, but the power be-
longs to the States to prescribe the time, place. and
manner of holding elections.
Mr.. MILTON BROWN said that Il appeared to
him that the present question Of vital impor
lance, because II is to act upon the future Of
the country. lie said that all the powers in the
States exist in virtue of the Constitution but he
would not say that before the adoption of the Con-
suon, the States had not the power to send Repre-
sentatves here but he contended that this Govern
ment has the over to perpctuae its sovereign
ty The Constitution says That Congress may alter or
change the time Of holding elections for Representa-
tiyes to this body. This power to alter aid change
the time Of holding elections, not only gives the pow
err to Congress to change the mode before but after
an election, if it chooses to exercise that power.
He referred TO various authorities in illustration of
his argument, and particularly that of Judge Story,
who declares that when law is clearly constitution
al the States must give way but if law is unconsti-
tutopa il is of itself nullity. The Constitution
gives the power to the States to regulate the manner
and mode of choosing their Representatives, but il
equally gives TO Congress the power to alter or
amend such regulations which is clear and explicit,
and cannot be misconstrued -Four States have