The Evansville journal. (Evansville, Ind.) 1834-184?, 1844-07-11

resntatives, passed an at requiring that 1t
should be uniform and by districts. This act
was in conformity with an express giant of
power contained in the constitution of the
United States, which declares that s'the times
places, and manner Of holding elections for
Senators, and Representatives,, shall be pre-
scribed in each State by the Legislature
thereof; but the Congress may at any time,
by law, make or alter such regulations, ex-
cept as to the places of choosing Senators"
With that reasonable, equal and just act of
Congress, every Wing State, whose Legisla-
ture assembled in time after its passage,
strictly complied, and laid off their respect
i've States into districts accordingly. But
the four States, with Democratic Legisla-a
lures, of Georgia, Mississippi, Missouri, and
New Hampshire, refused 10 conform TO the.
law, treated it with contemptuous neglect,
and suffered the elections for members Of
the House ofRepresentatives 10 proceed, IN
total disregard of lis provisions. This was a
new species of notification, not less repre-
hensible than that which was attempted for
merly in another State, though admitting OF
a more easy and peaceful remedy. That
remedy was 10 refuse TO allow the members,
returned from the -four States, to take their
seats in the House of Representatives, which
they had no constitutional or legal right to
occupy. That question the present House
of Representatives had TO decide. But it
was predicted, long before they assembled,
confidently Predicted, that the members from
the four refractory States, would be allowed
10 take their seats, the constitution and the
law Notwithstanding. Why was it so pre-
dicted? Was it not because it was known,
the dominant party, in The House, that it
would not hesitate to trample under foot
both Law and constitution, Unnecessary to the
accomplishment of a party object? Accor-
dinghy, the question recently came up in the
House, and the members from the Jour States
we're admitted 10 their seats. And what,
fellow-citizens, do you suppose was the pro-
cess of re asoning by which this most extra
ordinary result was brought about? Con-
gress, you have seen, is invested with unlim-
tied power to make resolutions as 10 the
times, places, and manner of holding cleo
tons for representatives, or TO alter those
which might have been previously made by
the State Legislatures. There is nothing in
the grant ofthe power, which e%nioins upon
Congress 10 exercise the whole of it, or none.
Considerations of obvious convenience con-
cur in leaving TO the several States them
selves, the fxafion ofthe times and places OF
holding those elections. In that, each State
may be governed by its sense gifts own con-
venience, without iniuriously affecting other
States. But it is different with the manner of
holding elections, that is whether it be by
general ticket or by the district system. If
some States elect by a general ticket, it
gives to them an undue advantage over those
States which elect by the district system
The manner, therefore, of holding elections
was a fit subject, and the only fit subject
contained in the grant of power,fo for Congress
%sional legislation. If Congress had legisla-
ted beyond that, it would have overreached
the convenience and necessity of the case.
But the dominant party, in the present House
of Representatives, have strangely assumed,
that Congress could not execute a part of
the granted power without the whole. Ac-
cording TO their logic the major does not in
clude the minor. In their view Government
cannot execute a part of power with which
it is entrusted Without it executes the whole
of a power vested in it. If this principle be
true, when applied to the part of the Con
} tstitution, it would be equally true in its ap-
p~lication to the whole Constitution: but
there are many parts of the Constitution that
never have been and probably never will be
executed. And. ifthe doctrine of the domi-
nant party, in the House of Representatives,
be sound, all the laws enacted by Congress
since the commencement ofthe Government
are null and void, because Congress has mo-
/ executed all the powers of Government
f with which it is entrusted. The doctrine.
applied to the enjoyment of private proper
ty, would restrain a man from using any
part ofhis property, unless he used the whole
! of it.
S The case of the New Jersey election is
familiar with every body. There the Wing
, members who presented themselves at Wash
f lngton, TO take their seats, bore with them
5 the highest credentials, under the great sea-
of their State, demonstrating their right tc
occupy them. They had been regularly de-
: clared and returned elected members of the
House of Representatives, by the regular
authorities, and according to the law of the
: State of New Jersey. Agreeably TO the
uniform usage, which had prevailed in thai
House from the commencement ofthe Gov
eminent, and according to the usage which
e prevails in every representative body, they
S had a right to demand 10 be admitted to
b their seats, and to hold and occupy them. un
til any objections which might exist agains'
:, them should be subsequently, investigated
t In the case of the four States already motto
a ed, it was important to the interests of the
dominant party, in order TO swell their ma
y jority, that the members returned should be