The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-10

manner. Very good But Congress has no right to in
terere in this unless the States do not do their duty
unless they pass such laws injurious TO the ccun-
try True Congress might at the very outset OF e Co
have ss alone
But she did not do to And the power was given and
guaranteed to the stsea But Congress had chosen to
entirely and completely and not LEFT any thing to be
done BY in the matter She must also have done
II through her officers, and would not have called
any of the States assist her with their officers. one Of
the Safes-New York for insanceshould neglect TO pro-
could under tha clause Of the Constituton 90 on and
provide and perfect the Tor choosing members oil
Congress in the State Of New York. and they would be
legally entitled to serve. But when Congress does make
alter these State regulations she must the entire
grounds and not work by halves Again there nothing
that authorizes Congress to abrdge the power oftheSaes
in fixing the time place and 1.-THE States choose
to do Is true that II Congress to exercise the
whole in all its details in this matter that the States
would not also and make regulations for elections
besides That would be incongruous couldn't be done
in the face of full exercise Of the power by Congres
Congress- That's true. Congress may alter the State reg
ulatons Is that what Congress did by this Actl No
To alter" What does this meanl Congress says to tina
States, formerly elected by general ticket you
must now elect by districts Is that Constitutional alter
alton Of the State SYSTEM No. said Congress had
this would be curtang that power must be such al
terasion engraed the State STEM as taking the
laws then in force would enable the States go
and hold election for members Of Congress- without
any secondary aid from the States within themselves Any
other way Is but lame and imperfect execution Of the
what the effect Of this Apportonment Law? Why
made it Indispensable that AFTER its passage the States
any election could be held within their borders
All the old laws Of the States must be annul-
ed before an election could be held at ALL
Now the State acts ut all in thismatter ii must act with
full powers and If Congress acts at all it must act with
full power If Congress alter" the regulations, it must
but go in harmony with them Now, until II be shown
that there is Congress to restrict and limit the
Under this act no election could be held until all the old
laws of the States abolished and the Legislatures
had come together, and made new ones, distributing the
States There power in Congress thus to destroy
the laws OF any State We not, under the name Of
altering State system to anhilae that system To pass
cannot proceed to election, without laws Of
their own, is not constitutional exercise of Congress
s0na powerAnd this attempt to curta the States power
this act passed. what should have followed Congress
ought have gone on and substituted complete system
do so-they failed to do it therefore this act is
manned concern, and therefore 1t is nullity
not exercise Of he to alter or Of the
power to make Congress had no power to order the
States convene to coerce them to put this maimed i'm
either the State laws the law of Congress is uncons
tuonal say distinctly that this latter usurpa-
o s was vUs on Ss
Therefore it is null and void and therefore the gentle
from these lour States entitled to their seats.
Mr. CALEB SMITH made short but capital speech. He
commended that Mr. Beardsley had made very strong
gument in favor of the law by proving that Congress had
the power district the States As TO saying that Con
gress 60 and district all the States herself
the polling places the returning officers, and fix all the
minor details that was mere bubble that if Congress
omitted even small detail connected with the
time, place and manner of holding the elections
that therefore the law must be disregaried Such
argument was truly ridiculous and unworthy, a
moments thought in that House; and yet that was the
only ground which the democrats argued that the law
was nullity. Now there was hour rule fixed by
law in this House. He hadn't the vanity to think he
could speak well for full hour; and the locofocos who
had endorsed this rule might well say that unless the
members went thewhole length rule that they could
have nothing. That s that they did not speak the en-
tire hour that they could not consttutionaly speak at
ALL
Mr. Conn said that many wings said their minds were
not made up how they should voteand yet oil their
had been put to protest ct the beginning OF the
session.
Mr. ORDER and Mr. JONES spoke the former in favor Of
the bill and the latter against it.
After this about O'Clock, there was dead stand still
No seemed to wish to speak The Speaker was about
to put the question the report, when motion made
adjourn and the and called but the 10.
coocos wee determined to sit out they negatived
the motion
Mr.. NEWTON then spoke till o'clock and the House
adjourned.