New-York daily tribune., 1844-06-29
VOL. Nv. NO. ~.

t;ian anN detivubie from merCenary snldcry.
1t Is tar from my nt"ntlou dcir- 10 do the east
| injustice 10 the party 10 which am opposed bu.
think that in asserting the Characteristic diff renee
between the two parties which have done, an
tally borne out h, facts, 10 some OF which. uny on
This occasion, can refer, aud t.ese shalt all be o!
recent nature.
The first, 10 which shall call Your attention has
occurred during The present session Of CcngIcss
The variety IN the mode Of electing members 10 the
House OF Reprentatiycs Of the United States, sumo
beng chosen by whole States, ani other. by sepa
rate Districts, was long sub jcct OF deep Bnd gene
raj complaint. 1t gave 10 the States unequal power
in tl.e Councils Of Tie Nation Mississippi or New
Hampshire, for example, by general ticket securing
the election oi Us members 10 the House OF Repre-
Sen'ati'es all Of one political parry, ighi acquire
more power, IN that House, than the Stale Of New
York, which, eecling lis members by Districts
might return an equal or nearly an equal nunIer o
members "t both the parties. According 10 The
General Ticket system, ii is impossible that the
elective franchise can be exercised with the same
discretion and judgment under The District sys-
tenn. The eectOr cam OF possess the same oppor-
unity, under the one system us under The other, OF
becoming acquainted with, and ascertaning the
capacity and fidelity Of the candidate for his sui
| frage. An clector, residing in one extreme oi thr
SlaIc, cannot be presumed 10 know candidate
living at distance from him, perhaps AT the other
extreme. BY the General Ticket, The minority
in State is completely smohe!rd. From these
and other views of the subject, ii has been long
patriotic wish entertained that there should be
| uniform mode, both of eieciing members 10 the
| House Of Representatives. and choosing Electors Of
'resden, and Vice President. | recollcct well.
some twenty years ago, when public opinion mp
| peared 10 be almost unanimous upon tins subject.
Well. the last Wing Congress, in order 10 pre.en'
The abuses, and 10 correc; The quality, arising
out of The diverse modes o! e!ecng members Of ttir
| House of Representatives, passed an act requiring
that it should be uniform aud by Districts. This
| act was in conformity with an express grant OF
power contained in the Constitution of the United
States, which declares that " The tules, places and
manner of holding elections for Senators and Repre-
sentatiycs shall be prescribed III each State by The
Legislature thereof; but tie Congress may, at any
time bv lar, make or alter such regulations, eT-
cept as 10 Ue places Of choosing Senator's" With
that reasonable, equal and just act nt Congress,
every Whig State, whose Legislature assembled IN
time after its passage, strictly complied, and ild OIL
their respective States INTO Districts accordingly!
Blu, the four States with Democratic Legislatures,
of Georgia Mississippi, Missouri and New Hamp'
shire refused TO conform 10 the law, treated IL VITA
conemptuous neg! !ect and suffered the elections o'
members oithe Hosse OF Representatives. to proceed
IN total disreg gard OF its provisions. Tins was new
sDecies of Nui6cation not less reprehensil'ie tia
,hat which was attempted formerly in another State
though admitting ol more easy and peaceful reme-
DIV. That remedy was TO refuse To allow 'hc lneu!-
bers, returned from the four States, TO take their
seats in thu House OF Representatives,, which they
had no Constitutional or legal right 10 occupy
That question the present House of Representatives.
had 10 decide. But it was predicted, long before
they assembled, confidently predicted, that the mem.
oers from the four refractory States would he allowed
10 lake their seats the Constitution and the law not
withstanding. Why was it so predcted2 Was ii
not because it was known, from the general charac
ter and conduct of the dominant party in the HOUSE.
that it would not hesitate TO rample under foot both
Inw and Constitution, if necessary TO the accom-
| ulishment Of IA party obsctl Accordingly, The
question recently came up in the House, and The
nelbers from the four States were admitted to Their
seals Aud what, fellow citizens, do you suppose
was the process oi reasoning by whrch tliS i'oS'
extraordinary result was brought about Congress-
| Won have seem is invested with unlimited power 10
| make regulations the times, places and mann,
of holding elections for Representatives, or 10 ate'
those which might have been previously made bH
the State Legislatures: mere Is no'a,'s IA Wv
grant Of the power which eDloins upon Congress 10
exercise the whole OF i, none. Considerations o.
obvious convenience concur IN leaving 10 ,he se'fI
m! States themselves, the xaliun oil the iimes a'
nlaces of holding those elections. In tna', ea'l
State NAV be governed by It's sense oi its own con-
, vcuence without inuriousiy affecting other ot"'es
Rut II 10 different with the manner OF holding eitc'
,,ons. that is whether il he by General iickei VI
nv The District system. II some States elact by
General Ticket, il gives 10 them an hhn"e au'"ii
moe over those States which elect 10y llie DSltic
: | sysicm. The manner, therefore. OF holding eirc
" INNS was it subject and the only h SUBJECT con
tained in the grant OF power ior Congressioal
lo,ion. If Congress Fad lesislaed beyond 'hat' !
! | would have overreuched the convenience sh" iects
s;,v nj the case. But he dominant party, III H'
n,csent House of Representatives., have S'rahse''
. assumed That Congress could not execute II pau q
= The granted power, without Ire who"' t,c'o'."'
~ thcir logic, the MAJOR does not 'nciuu1 'ie i''
" In their view Government cannOi execute F''' V
= rn,,sr with which il is entrusted without IL exc
l. - ,he whole Of a power vested in it. 1t lin
nrnc;nle he ,rrle wien applied 10 part oi '!ie Ci
s,itn,ion il would he equally true IN lis aPPi'aau
= 10 the whole Constitution; but there are ila5y
nf the Constitution that never have Deen' an" l'o''
. bly never will be, executed. And IL tne ooc'I'ue
,hs dominant party in the House oi Representative
= he sound all the laws enacted by Congress slnc
l. the commencement OF The Government are nun ~ ~, ~
y, | void because Congress has not executed ai' III
nowers of Government with winch IL was cnfusteu
: The doctrine applied TO the enjoyment OF private
nroner,y would restrain man from using any par
y nf his proper,v unless he used the whole oi II.
The case of the New Jersey election is iami'ia
!, with every body There the Wing members wh'
p presented themselves nj Washington, 10 take thel
j, seats bore with them the highest credentials unde
r. The great seal of their State demonstrating lhe'
!, r;cht 10 occup, them. They had been regniaril
~ declared and returned elected members OF The HOUSE
n of Representatives, by The regular auiho'iurs an'
n | according the law of the State OF N-w-Jersev
~ Apreeably to the uniform usage which had prevail
- cd in ,bat House from the commencement 0i lh'
~ Governnent and according To the usage which pre-
49, yois in every representative body they had rag n
T II, demand TO he admitted TO he'r seais ana 10 not'
y, "nJ occuny them, until an. objections which nigh
10 anu ra;1st ,hem should be subsequently, nvesli
gated In the OF the four States al a[fsdy re-. o no
-, Ic.d il was important 10 the nieresS VI III" uo'i'
10 u'e", IN o,der 10 swell their ma orv, that h
returned should be allowed 10 take hsl
@sOea although elected contrary 10 law /. h
i, New Jersey case, important TO The doihah
G narv auT to enable it to retain its majority to e1elao
lbe Whig members. although returned accoIa,ng II,
law The decision in both cases was auapleu - h, -.
e1lGeney @ u pa and law and worthy Of obser
ct hs' !" the I decision ngansl the Wing mem
ksrS Ssr0 Of members who boast OF ct Ss,
empha,cay the patrons and defenders ne, the I law aM
el rights, concured in tramplns u"ue' ''''
ns and authorities of that State.
w IN connection with the subject en- which am now
.drsss;n@ IN yo, the manner OF admission OF Asnl
Sc gan into the Union worthy o' noes npior I;