The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-07
HOUSE OF REPRESENTATIVES,.

Without taking the question, the Senate adjourned
HOUSE OF REPRESENTATIVES,
"WEDNESDAY, Feb I, 1874
Prayer by The Rev. Mr.. TMsLsY.
Inc CLERK then read the Journal Of yesterday
After which,
The SPEAKER announced the first business in
order to be the
REPORT OF THE COMMITTEE ON ELECTIONS
ELMER took the floor, and finished his argument
commenced yesterday, denying the consttutionality
Of The law commanding the States TO district decar-
ing mat law void and imperative. He said he was
not opposed 10 the dstrctng Of the States because
ne had previously advocated that mode Of election in
the Legislature of New Jersey; but he was opposed
10 II from conscientious conviction of its
tutonaty, and because it conhlcted with the rights
OF the States, virtually repeating the laws Of the
otates, which power Congress cannot exercise.
Mr.. bELSER said this was great constitutional
question, and he asked gentlemen Of both political
partes TO consider 1t in its proper light for it is 10
operate Tor future ages. He said thai he occupied
position on the question different from theparty which
IL was MS pride and pleasure to act when no could
DO so consistently but in the beginning Of the session
he had voted against the spreading Of Protest of the
minority upon the Journal because he was opposed 10
Inc arbitrary decision OF the Clerk in that matter
The gentleman from New York (Mr. Barnard) had
SAID 'hat the members claiming their seats on this
men in the gallery to bich he did not subscribe be
cause those members claiming seat. came here with
The broad seal Of their States, which wa. mi ma
J"ee evidence TO them, and were entitled to vote
upon all questions, until the question had been
az, udcated by this House, who shall accordin, to
the Constitution, be the Judges of the qualifications of
It's own members. He, however. said that the law
was not nulits as commended by the report Of the
majority, and went into long constitutional argu-
menI referring to various authorities in support of
message from the Senate, informing the House
that The Senate had passed the House bill making
certain transfers OF naval appropriations.l
MIR. DlLLlNGHAM said that Congress has the
power to prescribe The number Of Repres eptatives
and there the power Of Congress ends and then com
inences the action of the States but the clause Of
the Constitution which says. that Congress NAV
alter or abolish the manner aud mode Of elect
ing Representatives u Congress- was only in
tended by the Trainers OF The Constitution 10
prevent the States from being unreprescnted
IN case any one OF them should fail TO send
Their Representatives. But the trainers Of the Con-
su'ution never Intended TO give to Congress the right
oil making up this motley mixture of powers-Con-
gress furnishing the red patch and the States the
'oh'fe but was intended for Congress apportion
the States, and then it devolved upun the States to
district the number Of Representatives. TO which they
are entitled. When MIR. Madison was asked in rela-
uon TO Tins dangerous power he replied il was not
intended that Congress should exercise tins high du
ty exeep, IN case Of extreme emergencies but that
he did not believe that there would ever be found a
congress ~ho would be 80 lost TO self respect TO
claim the exercise Of this powcf excerpt in extreme
cas,s, which might arise from ny aiding army who
might drive the state Legislatures from their seats of
Government, not giving them opportunity TO pre-
SC lbe the place, manner and mode Of cieclng their
Repr septslives. This was the contingency which
the Constitution intended TO remedy but IL vas ne
Yer intended that the General Government should
furnish the psppr, and the States the salt to season
their broth. Inc late act Of Congress only de-
clared that the States should elect their Re-
presentatiws 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 In. right, but
u was a mandate to the States 10 perform that
which IT bad not exercised itself II Congress pos
sessed the power 10 say that the States should be
presented ~ districts 1t bad the power to take the
whole subject out Of the hands ri the Sta Legsla-
lures, thus virtually obtructing and restricting III
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 he Constitution never intended should be
exercised by Congress.
Me-. WOODWARD then took the hoor, and
spoke earnestly against the constitutional power OF
Congress to district the States except in of
IRENE emergency, and cited various authorities,
among them that Of Mr.. Nicholas, in the Virginia
Convention, in Illustration OF his argument He said
that Congress does not possess the power OF control
ling the eectiv, franchise; that belongs 20 the people
Of South Carolina and the other States. Congress
create the Office but the people must create the
officer rs an inherent right The power, under the
Constitution is given 10 the people Of the States TO
elect their representatives.. Congress claims the
power, however to district the States and II II could
exercise that power il cood district them unequsll,
The idea Of gentlemen, that Congress hssthe power
equal with the Legislatures to district the States s a
fsacy 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 was one OF vital impor
lance uecause is to act upon the future course ef
the country. He said thar all the po~e'. in tn.
States exist in virtue Of the Constitution bu, he
would not say that, before the adoption Of the Con
,i,,ut,on the States had the power send Repre-
ment has the rover to perpetuae its own sovereign
y The Constitution says that Congress may alter
change the time Of holding elections for Representa-
the time Of holding elections. not only gives the pow
er TO Congress To change the mode before, but after
an election if il chooses TO exercise that power.
lie referred TO various auth rites in illustration OF
his argument and particularly that Of Judge Story,
who declares that when Law ~ clearly constitution
al the States must give way, but II law Is uncopst'-
tutopal It is Of iseIf nudity The Constitution
gives the power to the States to regulate the
aud mode OF choosing their Representatives, but II
equally g'ves TO Congress- the power TO alter or
amend such regulations, which is clear and explicit,
and cannot be miscons'rued. -Four States have