Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1844-02-22
THE QUESTION DECIDED.

The question Of the right of the members Of
the House of Representatives, elected contrary 10
law, to hold their seats, in that body, having been
decided in their favor by the House, the members
mus elected viii retain their seats, the Constitu-
ton and the Law 10 the contrary Notwithstanding
The question, however, though thus decided, is
not settled, but will be Appealed fiom 10 the tri-
bunal of the People, concerning whose judgment
thereupon we cannot allow ourselves 10 entertain
doubt.
OF the merits and cons,itu,ionality Of the law
Of the last Congress, which the House of Repre-
sentatives has ridden over and trodden in the DUST
we have already heretofore delivered our opinion,
with the grounds of il; and on that head we have
nothing 10 add.
But doctrine has been set up during the de-
bate on this quesiion.Sand has been made the
ground OF decision against the law, which, al
though not entirely new-'or we have before
seen and'iclt 1t in the Governuent-is not only
contrary 10 the spirit OF the Constitution, but has
been signaliy condemned and rcprobated by the
highest judicial tribunal of the country. We re-
Ter TO the pretenson set up for the House of Rep
resentaiives under its power TO Judge Of the cleo
lions and returns of It's own members, Of "A right
TO go beyond the law under which election has
been held, and decide upon the degree in which
Tie law Is to be obeyed or disobeyed; in other
words assuming the judicial lunciion) to pay re-
gard and respect to only so much of any law
suits its pleasure. This is the very power claim
ed Tor the Executive and acted upon under the
Administration of Gen. Jackson, VIZ that the
President is bound To obey the Constitution of
the u. ). only as he chooses 10 understand il,
and 10 obey the laws only as he CHOOSES to ex-
pound Them. As did the Executive then, SO does
the House of Representatives now, take upon il
self to act independently of the law, under The
assumption, groundless and preposterous il is,
OF a right on its part 10 determine. not whether
the acquisitions of law have been complied with,
but whether or not those acquisitions Of law are
precisely cQnfDrmablp a. the Con Stiiutpn Nc
House chOOseS la Understand IL.
This is Notification, with witness Nulifi-
cation Of q new order; Modification, by one
branch of Congress, of a law passed by both
branches and approved by the President, and
which less authority than that of tire House Of
representatives, Senate, aud President united can
repeal, nor any less authority than that of the SUI
preme Court Of the United States iudicially an
null.
The power conferred upon each House of Con-
gress, under which this right to Duiify hi,os is
claiiacd, and has now been exercised-lhat is 10
say, the power TO 'judge of the elections, returns
and qualifications of lis own members" most
plainly was never intended 10 confer upon either
House the authority 10 repen! Iatr, or to nuhEfy
law by assuming that law is void. The pow
er conferred upon each House by this decision is,
on the contrary, but mere ministerial power,
precisely the same as every sheriff or Judge of
election has and Exercises, 10 apply tie IaW as it
stands on the statute book power given to each
House only to protect itself against errors or
frauds and false returns, which may have been
committed or escaped correction by the returning
officers aforesaid; and any exercise Of authority
beyond that obvious limit to the power Of each
House is an arrogalion by that House Of power
not belonging 20 it, being the province of another
department OF the Governments.
The decision which has been made, hnwever,
by the House, will be Submitted to for the pre-
SEMI because submission TO 1t is lesser evil than
Immediate resistance might prove to be. But the
time " Ill come when this decision will be revised
and reversed. 1t is decision which cannot stand +,
because ii is not only against law, but contrary to
cotnmon sense.
The question involved in this decision is so We
ry plain, that il may be safely left to the sober
judgment of the body of the People. They will
answer, we doubt not, in very ineligible terms,
through their Representatives in the next Con-
gTess, that they are opposed to the doctrine of
Modification in every form, and quite as much to
Notification of the Laws Of the United States
by a single branch of Congress as by single
State OF the Union.-Naf mi.