Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-02-22
MIR. COllamcr's Speech.
IN THE HOUSE, FEB. 7.

The Speaker announced the regular order of bu.
sines 10 be the report of the Committee on Elec
tons and the accompanying resolutions.
Mr.. COLLAMER, of Vermont, them rose and
proceeded with his remarks nearly MS follows
In June, lo42,in presence of the Constitution
Congress passed an act apportoning the Repre-
sentatives among the States, according to the sixth
census and in the second section provided that
they should be chosen by the district That pass.
cd both Houses of Congress, and was approved by
the President All the States have conformed TO
the first section othat law but four have disregar.
ded its second section as unconstitutional and this
House is now called on to sustain those States in
their course
The House is, by the Constitution, to 'siudge of
the elections returns and qualifications Of its own
members !" but that does not authorize it TO over.
rule or disregard the Constitution, or the law,made
in pursuance thereof,defning such publication. The
poDer and duty ofthis Honse' in judging of the
election and qualification Of its members is the
same power and duty as that of court in the de-.
cison of cause that is, to be guided and GOV.
erned by the law, not to cverturn or disregard
it.
This is probably the first time in our history
when single branch Of the Legislature has been
called on TO pronounce law, which has received
the sanction of all the departments of the law.ma.
king power, including this branch, as unconstiu-
iional and imperative Such question NAV
have arisen before the Executive, but more fire.
quently before the Judiciary but that this power
should be exercised by one bracnh of the Legisla.
lureand that too, in case where their decision is
hnal and conclusive, Is new and momenlous
mention this not because consider this House has
not the power TO treat an unconstitutional act as
void, but that in the delicate business of so doing
we should proceed with the utmost caution, and
claim no intailibility but in case which is clear.
past all reasonable doubt We should have even
crater degree Of certainty, If possible than the
supreme Court requires, that we may stand in
no ambiguous position before the people. Itshould
be remembered that this House is subject to polit.
I zeal changes, and ii is doubtful policy to make
decision now, on party grounds, which will in
auce mode OF proceeding in The several States
which will leave their future elections in doubt
and danger
The several States Of this Union are indeed
sovereign States within the proper sphere of.the iu
nsdic'on; but in the relation they hold 10 The
General Government, and in all that concerns the
jurisdiction OF this General Government.the States
are subord nate; their power, rghs, and duties
oeing limited aud contracted by the provisions OF
tue constitution The states do not from the
mere fac, OF beng sOrerg,. States, have any righ
10 choose Representatives to this conoress sn,,
more than TO send members To the Parliamen, II
Srea' Brhiahi or the Chambers of Denu,;es m
France. Texas Mexico. are souerign S,o,r,
nnl that gives them no right of representation here
me only night 10 elect members to either House
o'teongress by The people OF any State is what is
given oy the Constitution, and il must be exercised
unoef 'he Limitation that Il prcscribes