The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1846-09-18
From the Raleigh Register llth instant.
RE.DIsTRICTING THE STATE.

he General Assembly, nj the ensuing SEES.
ion, to repeal the odious Gerymander Of
SAP and re.dislrict the State. We have
.nouu that some few Wings Of high res.
,edablli,y for talents and character, en-.
ertalned doubts as 10 the policy Of this
course, bu, Of these every one, We believe,
,as changed his first view, and is now clear
or the measure. OF the pOuer of the Gen.
,ral Assembly, we had not supposed that
INV doubt was entertained, aud 1t was with
,urprise we heard, within few DAYS, that
one intelligent Wing has expressed an o.
pinion dgaiaSt the power. We propose,
therefore, 10 calling the attention Of our
readers 10 this great aud important sub.
iect, TO submit some views, 10 show that
The power exists, and ough, 10 be oxeted.
First. as 10 the porer The Constitution
of the United States ARTICLE |, Section q
provides that Representatives aud direct
taxes shall be npporioned among the seY
eral States, according to their respective
numbers, &c. The actual enumerauoa
shall be made within three years al'er he
first meeting of the Congress Of the Ia.
led States, aud within every subsequent
Term Of ten years, N such manner as tres
shall by Law direct" BY th's clause, rep
tesentation Is 10 be allotted every ten years.
according 10 a Census TO be directed BY
Congress aud thus, the nPpoftounenl
Of IT'S Representatives 10 each State is re.
outted 10 be made for ten years, ard when
made. il stands, Of course, for ten years.
Blu, how are the Representatives 10 be cho.
sem Does the Constitution, IN any man.
ner, require or intimate, that the maaa,-
Of choosing. shall be determined for the pe
rod OF ten, or any other number Of wears
Section 4th Of The same Article, is 10
these words: The times, places and man.
ner Il holding elections for Senator's and
Representatives, shall be prescribed 10
zach State rs The Legislature thereof; tu
the Congress may, a, any time, by law,
make or alter such regulations, except -
10 the places Of choosing Senator'S" Now,
here, Is q matter 10 be regulated BY the L.
sIslalufe Of a State but the regulation
made by Legislature IS, Of course lav,
and tt Is known 10 every tyro, that lhs
power hlch makes a law, may repeal Q,
modify It. THIS IS, no doubt sutlec, 10
exceptions as fur instance where, b. las,
rights arc granted, md become 'es'rd u
cluzrus, NE repeal d The law csnfol 4.
mouut 10 a resumption Of the rights gran.
ed-bccausc iamongsi other reasons, lbs
Constitution Of The United States prohibits
The passing hy The States e laws impair.
lng The obltRa';oa of contracts Bot there
u no prohibition 10 Inc clause before US
no restrain; upon the Legislative posetst
Their decidedly expressed, or 10 be gathered
from the subject. Twas important that the
apporlionmenl Of Representative should,
at fixed periods be ascertained-so as, 81
once, 10 pay a Just attention TO the comps
ratlye growth Of population, amongst the
States, ard a, the same tirnr, 10 pre,.d
too frequent and announcement changes 10
The relative representation Of tho sctefa
States, and, hence, The Constitution deter
mines the fale by which rcprcstntatiaa
should be apporlioned, and fixes The TIM.
at which the rule shall be applied Boz
hor the Representatives should Be chosen
b. each State whether, IN Dislrc's BIZ
General Ticket; whether fret IN ore roae
and hen 10 another whether, The Districts
should be The snms for years, OF shoud
DO altered from lime to lime-al these
things arc lcil 10 the sound discretion q
tho Legislature q each State, sol Yect On,
IS 70 the controlling power Of Congress
And such has been the practice under tbs
clause, Districts having been abolished, anj
a General Ticket esab' ghcd, and. agatu
the latter repealed and the former Iald CO,
by The Act Of The State legislature. Il.
deed. The contrary doctrine would he a.
tended hg startling consequences. Before
The last Appou,onmenl law, Congress bad
never prescribed whether Represensiae'
should BE- chosen Ly General Ticket, orlf
Districts. Suppose then, at the Session
the Legislature IT q State, al Which Wa
matter regularly cgmc up, q law had bsfa
passed establishing General Ticket, there.
by enabling a small majority 10 silence :.
together 10 the House Of RcptcscniatgH
the voice OF a large minority. According
10 his doctrine, such law Is necessary
unaIteIable for ten years. In WIN, the pro
pie Of the State declare their dsapproh.
ton, BY sending a majority Of members 70
the ensuing Legislature, willing and p'edg'
ed TO repair the wrong and repeal the law,
il must stand against public opinion, ngalnd
justice, against the very principles Of all
fair representation. But il such O Law eoa
be repealed, 50 can law laying out Safe
into Districts for the same reason whlch
is alleged for making the one unaietabIe
directly applies 10 nuke he other SO.
But, further: The apporllonmcnt Of Re.
personalities by Congress, determines The
Number Of Electors, 10 which each sac
shall be entitled IN choosing President and
Vice President. The Constitution, Ahi
Gle i Sec. / clause ?, provides that each
State shall appoint IN such manner as inc
Legislature thereof may direct, numbet
VI Electors, equal TO the whole number OIL
Senators and Representatives, TO which no
State may be- entitled in the Congress.
Here IS q case, exactly parallel to no
1nc VIC are considering. The npporiloO-