Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1844-03-01
MIR. ooLLAMER,s SPEECH,
IN THE HOUSE, FEB. Z.


on Elections and the accompanying reso-
Unions.
MMCoLLAMER, of Vermont, then rose
and proceeded with his remarks nearly as
follows; In June, 1912, in presence of
the Constitution, Congress passa1 an act APP
portoning the Representatives among the
States, according to the sixth census; and
in the second section provided that they
should be chosen by the district. That
passed both Houses of Congress, and was
approved by the President. All the States
have coniormed to the first section of that
law, but four have disregarded 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
"iudge of the elections, returns, and quail
6catons of its own members )" but that
does not authorize it to override or disre-
gard the Constitution, or the law, made in
pursuance thereof, defining such quaifica-
ton. The potccr and duty of this House,
in Judging of the election and qualification
of its members, is the same power and duty
as that Of court in the decision of cause
that is, to be guided and governed by the
law, not to overturn or disregard it.
This is probably the first time in our his
tory when a single branch of the Legisa-
ture has been called on to pronounce a law,
which has received the sanction of all the
departments of the law-making power, in
Guiding this branch, as unconstitutional and
imperative Such question may have
arisen before the Executive, but more fire.
quently before the Judiciary; but that this
IL 10 -oJ l,,o Oh scl
the Legislature, and that, too, in case
where their decision is final and conclusive,
is new and momentous. | 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 nfaiHbihty, but in
case which is clear, past all reasonable
doubt. We should have even greater de-
gree of certainty, if possible, than the Su-
preme Court requires, that we may stand in
no ambiguous position before the people,
1t should be remembered that this House is
subject to political changes, and it is doubt
full policy to make a decision now, on party
grounds, which will induce mode of pro-
ceeding in the several States which will
leave their future elections in doubt and
danger.
The several States of this Union are in
deed sovereign States within the proper
sphere Of the jurisdiction; but in the rela-
ton they hold to the General Government,
and in all that concerns the jurisdiction of
this General Government, the States are
subordinate; their power, rights, and du-
ties being limited and contracted by the
provisions of the Constitution. The 5rulcs
do not, from the mere fact Of being sore
resentatives to this Congress, any more than
10 send members to the Parliament Of Great
Britain, or the Chambers of Deputies in
France. Texas and Mexico are souereign
States, that gives them no right of repre- I
sentation here. The only right to elect {
members to either House of Congress by |
the people of any State is what is given by
the Constitution, and il must be exercised |
under the limitation that it prescribes.
Much is constantly said about rights,
sovereign rights. 1t might be well, occa-
sionally, to recollect that every right implies
rights should perform their duties. The {
rights of the people Of the States to elect I
Representatives to Congress, and the duties :
TO be regarded in the making such elections, )
must be all determined by the Constitution. /
The Representatives having been appor- {
toned among the States by Congress agree
ably to the Constitution, we come now to !,
look for the mode of their election The |
provision of the Constitution on this sub |
ject is as follows :-"The times, places, and 7
manner of holding elections for Senators I
and Representatives shall be prescribed in :
each State by the Legislature thereof; but :
the Congress may at any time by law make L
or alter such regulations, except as 10 the
places of choosing Senators" Something 4
has been said in relation to the terms shall v
and may in this provision of the Constitu- :
ton, as if shall was used to confer more Il
power on the State Legislature than may e
conferred on Congress. If the occasion on Ii
which this was drawn is considered, it will b
fully explain the nse of these terms. The {
Convention was forming the Constitution; ?
it was providing for the creation of Con- u
gress of new model The Convention S
could not, in the Constitution, provide all ii
the particulars for first election, and there n
was no Congress to do it until one was a
chosen. The only one possible mode, h
therefore, was to direct the States first to n
make the regulations, so that a Congress Ii
could be elected, and then to subject these "
regulations to the direction and supervision b
Of Congress for all after time by the grant p
Of the subsequent power to them. To test
This matter, and ascertain whether such was Il
he use Of those terms, let us transpose e,
hese words, and then the sentence would ii
nave run thus: The time, place. and man it
her of holding elections may be prescribed it
q each State by the Legislature thereof q,