The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-14

ton had been presented to the House for lis deci
sion and asked the majority Of this House TO eject
twenty one members Of four sovereign NON,
bers OF this. Coniederaey, thus deprSing them
Of their constitutional Representation which
has untitled them for impartial Judges NJ
this important constitutional question because II
they were convinced that they were vror
they could not express their conscientious copviS'
tons, because they had already expressed that oni
ion anticipating this question. Therefore the cbire
| Of sitting debate on this subject is fsllaeiou,. s
cause, If this question was debated until doomsday
II would not change their opinions, for they have =,
| ready been sent forth TO the world He then NJ
on TO other topics, involved in this question ana
said II not one whether the States s2o,iI
be dstricted or not, because in his State he Lad AZ
ways advocated the district system; but tb,s VI
great constitutional question, in which the soyer
ty OF the States were at stake. Although he -"
favor of the district system, yet he utterly deniJ
Institutional power OF Congress TO district the ST.
much less 10 command them to perform that act
The gentleman from New York (Mr BarnardN a
MED that the State of New York had dsrepard{ Nc ''
law, because she had Distracted When The ,e, I'
man from Virginia Mr.. Dromgooe) had sta1eJ
the course Of his remarks that some Of the Stat ~
adopted the ds1c' system long before the passage of
this law, he had made this denial in the face of
solutions Of the Legislature of N York which dci
this law was unconstitutional; and when lh. ,s,,'
| mans demurrer TO This statement of facts mi 49,
sitted to It's very bottom, he tkuked behind The i,oL
meal word single" district, in the very face az III
itself. He hoped this xpanation was sail f,, n'"
thai gentleman Mr. Barnard nodded assent H.
therpassed on 10 constitutional review of H. -
tlon and said that the minority had stated Thai I
House was not competent TO decide upon he con,r
tionality or unconstitutional Of this Inv All ~
II II decided the law unconstitutional i, .goIIi
an act OF nullIhcaiion The same objection n,i,,, b
| urged, If the Supreme Court was TO declare Iav nv
constitutional which would be, according 10 tba,,
doctrine, Dullihca'ion; but the Supreme C. H,t b
nst'utona Jurisdiction over this ones,;nn na' no
mas the State courts and this House is the onlv hd
known To the Constitution that can decide II
1t had been said BY ,ome gentlemen on the o,bo,
side tha' Congress could borrow the Safe Tvs AZ
we borrow money from England, and exoend # ,h,rb
power he utterly denied; because the moment ,b,t
power is asserted, the sovereignty Of the States viii
be forever gone. He denied such unv.r
because IL Was destructive of the veIy clemens of
State sovereignty and he denied the no or or on
g'ess 10 debar any of the States from repre.en,a m
because 1t is secured by the Constitution which n
power on earth can restrict. He then passed on 10
me time and manner Of holding elections in the
o'a.'s, whch the Constitution rays Congress may
alter" should the necessity of the case arise Nv
this term he utterly denied the power of Congress 10
district me states, or to command them to do IL,
mI. " ELLER said be was glad that this question
had oeen debated IN the manner it had for IL was
The best discussion he had ever witnessed and as mo-
thing more could he SAID upon the subject i, w,sns
cesSary 'hat the debate should be brought TO close
mat the House might pass to other business of Inc
country, and Therefore he demanded the previous
question.
Mr. WINTHROP demanded tho vs,.nI
which were ordered ''
The reading of the amendme were called so,
they We're read by the Clerk.
- MESSAGE IRON the Senate informing the House
tnat tha body had passed the bill rrfund1o the fine f
General Jackson, which received with bur,,, Of
satisfaction from various pa'rs OF the House NV ex-
claiming good !" good ll"l
MI iEohASSON of Ky, rose and ipoui,el ~
he 81 eaker, If the question ever occur,ed re- -
hot,
called upon TO vote that hexras entitled TO a seat
"hen there was no person contesiIng his seat
nc STEAMER said when any definite question Of
ofder came up, he would decide it.
The CLERK then called the roll. and The fo,iov;,.
is The resuit-yeas l2S NAYS S4
Inc question then REQUIRED upon the main oue.
ton, being the amendment of MIR. Drsmgoole
MT VANCE called for division of the question
Ihe reading OF the resolutions were called for
The CLEkK read them
me STEAMER said after the amendmen, wa,
adopted, 1t would then be in order to call for dnL
sion OF the question.
Alr. FRiCk a ked if il was in order 10 move an
amendment to the amendmen, Of the gentleman
from Virginia, (Mr. Dromgsolel
The SPEAKER said that the motion was out OF
order at this stage of the proceedings
"a Mr. WIN loN appealed from the decision Of the
chsir, and was about TO debate IL, when
The SPEAKER informed him that an appeaI W.,
not debsteabe, when
Mr.. NlNTONwitbdrcy HI. appesI
Inc question then required upon The adoption Of
tn e amendment OF MIR. Dromgoole
The yeas and nays were demanded. md they ver.
ordered. ~
The CLERK then called the roll and the follow
ing Is the result Yeas 1877 NAYS 81
Previous TO the announcement of the result
MIR. JONES, OF Tennessee, ,aid, that believing
the whole proceeding stitu,ionaI he vo,.d "a, p
The question then REQUIRED upon the adop,ion Of
the resolution amended
MIR. VANCE called for a division of the o,,,s,ior
which was ordered f"'
The CLERK then read the first resolution
MIR VANCE then called for the yeas and NAYS on
the first resolution.
MIR. SCHENCk then rose and asked TO be excused
from Young on thc htst resolution, and gave his rea
sons at length the main one was that there was no
contest TO any OF The seats f ON Ohio He tler
Withdrew his motion to be excused because he did
not intend to vote any how aud because the rules eN
eused ham IRON voting on any question in which he
was Interested.
MIR. BELSER then asked IL il was in order TO move
to lay the resolution upon the table,
The SPEAKER said IL was
Mr. BELSER then demanded the yeas and nays,
which were not ordered, and he then withdrew hi,
motion.
The question then required on the motiou Of Mr.
Vance demanding the yeas aud nays on the first rcso-
luton.
Mr. ADAMS asked TO be excused from voting be-
cause he was called upon to vote upon a question
which he did not know much about lie was not
pr pared TO say that all of the member. OF Tins
House were elected. because he did not know the
fact, and because the Committee Of Elections do not
know That fact, and then withdrew his mot on and
said he shnulJ no, vote any how.
Mr.. CAMPBELL then rose, and s,ked 10 be cy.
cused from votidg, because he was called upln 10
vote on question which would, in effect, Gu, "a
contests hereafter.
Mr. DOUGLASS rose to question Of order aud
asked u II was competent for gentleman TO raise a.
question OF order, that he might debate the subject
before the House.
Mr.. CLINGMAN rose and asked TO be excused
and gave has reasons.
Me NlNTON rose anl o.LoJ A., A.. -. d f..,,