The Evansville journal. (Evansville, Ind.) 1834-184?, 1844-02-29
From the National IHtellsgencer.
THE QUESTION DFxIDgED

L
The question Of the right of the members of
the House of Representatives, elected contrary
TO law. TO hold their seals in that body, having
been decided in their favor by the House, the
members thus elected will retain their seats, the
constitution and the law to the contrary not
withstauding. Tue question, however, though
thus decided. is not settled, hut will be appealed
from to the tribunal of the People, concerning
whose judgment thereupOn we cannot allow our
selves tp entertain donbt.
OF the merits and constiiutionality of the law
OF the last Congress, which the House of Repre-
sentatiYes has ridden over and troddon into the
dust, We have already heretofore delivered our
opinion, with the grounds of il, and on that head
we have nothing to add.
But Il doctrince has been set up during the de-
bate on this question, and has been made the
ground OF decision against the law, which, al
though not entirely new-for we have before
now and felt it in the Government-is not
only contrary to the spirit of.the constitution.
but has been signally condemned and reprobated
by the high est judicial tribunal OF the country
We refer TO the pretenslon set up Tor the House
of Representatives, under Its power to Judge Of
the elections and returns Of its own members. of
Ri ht to 90 beyond the law under which an
election has been held. and decide upon the de-
gree in which the law is to be obeycd or DISC
beyed; in other words assuming the Judicial
functlon) to pay regard aud respect only so
much OF any law as suits its pleasure. This is
the very power claimed for the Executive and
acted upon under the Administration OF General
Jackson, viz: that the President is bound IL obey
the Constitution of the United States oYly as he
chooses to understand it, and to obey the laws
only as he chooses to expouud them. As di d
the Executive then, so does the House OF Rep
trssentatiyes now, take upon iiseiit to act INDIE
pendenfly oil the law, under the assumption.
groundess and prep0sterous as il is. OF right
on its part to determine, not whether those re
\ n Of law ba heeu Id
whether or not those acquisitions OF law are
precisely cOniOrmable 10 the Constilati1n as the
HOUSE CHOOSES TO UNDERSTAND II.
Thsis NULbIFIcArioN with witness; uIIi-
I lication of a new order; Mobilization, by one
branch of Congress, OF a law passed hv both
branches and approved by The President, and
which no less authority than that OF the House
4 OF Representatives. Senate and President united
can repeal, nor any less authority than that OF
the Supreme Conrto Of the Uni ted States Jude
I ly annul.
! The powers conferred upon each House of Con
gress. under which this light to HULLIFY LAWS is
claimed, and has now been exerc ised-tbsst is to
say The power 10 Judge OF the elections returns
and qualifications OF members, most plainly was
bnever intended TO confer upon either House the
authority to repea Il law, or to nuiify ii law,
! by assuming that law is void. The power
conferred upon each House by Ihis decision is, on
the contrary ,bui a mere ministerial power, pre-
4
/ eiectionhas and exercises. 10 APPLY THE Law us
| il stands on the statute book; power given 10
each House 10 protect itself against errors or
/ frauds and false returns. winch lnay have been
columited or escaped correction by the return
/ ing officers aforesaid; and amy exercise OF nu-
i lherily beyond that obvious imit to the power OF
| each House IS, CATION by that House OF
power not belonging to II, being the prov
OF another department. o. the Government
| The decision winch has been made by the
i House win be submitted to fpr the present, be-
cause submission 10 It is lesser evil than in
mediate resistance nigh, prove to be. But the
time will come when this decision Will be re-
vsed, aud reversed. 1t Is decision which can
/ not sland, because il is not only against law !,
/ but contrary 10 common sense.
/ The question involved in this decision is 90
very plsin, that 4 may hs s4fely ie.t the So
ber judgment Of the body OF the People. They
Twill answer, doubt not, in very Ineligible
terms. through their Representatives in the next
Congress. tnat they are opposed TO the doctrine
of Mobilization in every form. and quite as
much to N Notification o the laws oil The United
States by single branch of Congress S by a
single State OF the Union.