The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1846-09-17

La D. dse L.'gislsirre q = Sialei D.
ths regalalion maas ~ = Legislature r.
- essEse. lsW. and L i gn0Hn 10 every
.gEo. thsl fhe P0uer SGieh makrs lsM,
iaay repeal o. .aodily Il. This i. NO
d0nbs, substrl 10 eKcepiinns; = %. IN
ssanes there. 81 laW. nights arr granted.
snd hee0me vested II eiiiKens, de Fepeal
az he Isu rannot alnount 70 ) resumption
az ne nights graDied-becauSs ianongsl
Oder reasons. he conssilniinn e die
Eniled States pEnhihiis ne passing I,y llae
States of lava iapsiIng lie obligalion ol
eaniraels. But there : no pFohihision II
tile eiause before us-n0 rrsirainl upon
Ghe Legislative POWER either decidedly ex-
pressed. or 10 be g-thered from he SUBJ
jeri. II Has imponani that The arpor-
liOnmenf Of Representatives should, a
fixed periods. BE aseerisined-sO -. Al
onre. 10 pay just attention 20 The COM
paraiive growth Of population. amongst
The States. and, n the same time. 10 pre-
vent loo frequent and announcement chan
ges in HE relative representation NJ The
several States. and. henre, The consliiu-
lion determines lhe rule by which repre-
senlaiion should be aPporiioned, and fixes
The times II which the rule shall be appll-
ell. But LSis lhe Representatives should
be rbosen by each State; whether. IN
DISTRICTS OF by General Ticket; whether.
firss in one mode. and then in another;
whether. the Districts shonld be The same
for ten wears. or should be altered from
Tine 10 iilnc-all these things are lell 10
the sound discretion Of Inc Legislature of
earh State, subject only 10 the controlling
power Of Congress. And such has been
The practice under this clause, Districts
having been abolished. and General
Ticket established, aud again, the latter
repealed and the former laid ont hy the
/ Act of the State Legislatures. Indeed.
The contrary doctrine would he attended
BY startling consequences. Before the
last Apporiionment law, Congress had ne
YER prescribed whether Representatives
should be chosen BY General Ticket, or
by Districts. Suppose then, al the ses-
sion OF the Legislature Of a Stale. al
which This matter regularly came up. a
law had been passed establishing Gene.
raj Ticket. thereby enabling small mas
Joriiy TO silenre altogether in the House
l0f Representatives The voice of large
minority. According 10 this doctrine,
such n law is necessarily unalterable FOL
ten years. In vain the people Of the State
declare their disapprohalion, by sending
Ia majority 0f members 10 the ensuing Lc
lgisla.ure. willing and pledged 10 repair ihG
wrong, and repeal the law il must s,ans
against public opinion. agains, justice
against The very principles Of all fair rep
rcsentalion. But il such a law can be re
pealed. so can law laying out Stat
into Districts; for the same reason which
is alleged for making the one unallerable
directly applies 10 make the other so.
But, further: The appolionment Of Re
representatives. by Congress, determines III,
: number Of Electors, 10 which each Stat
shall he entitled in choosing Presiden
and Vice President The Constitution
ARTICLE II, See. l, clause g. provide
i,ha, each Stale shall appoint, in such man
ner as the Legislature thereof may diecI
: number Of Electors, equal to the Who'll
b numher of Senators aud Representatives
{ 10 whnh tho State may be entitled in III
e Congress.
Here is case. exactly parallel TO I'll
L one we are considering. The apporlioI
) ment of Representatives made by Coz
: gross, determines the number OF Electol
the appoIlionment is 10 be made ono
n in ten years. As TO Representatives, th
Legislature of the State is TO prescrih
|" The times, places and manner Of holdin
elections" As to Electors. the I.egisl;
I, ture is TO DIRECT the manner in which tho
= are 10 he appointed. Now, there is noil
Z ing, absolutely nothing, 10 distinguish Il
&c one case from the other, in The point
" which oHr attention Is now drawn. Ii
rc regulation as to one, when once made,
necessarily to stand until new apportio
Il men. SO il must be as TO the other; and
9. on the contrary, such regulation as to OF
C case may be modified as the I.egislatn
Is may deem proper, so may il also be
IN to the Other But, in regard TO Electo
a, of President, our past history is full
be prccedents, showing the power Of alter
:, lion. But il will be sufficient TO refer
- one such precedent in our own State.
1902, an Act was passed, laying of Il
- State into Districts for electing Represe
On ta,iyes, according TO the Census Of $50
INC and in 1903, another Act, for laying I
NC the State into Districts for electing Ele
tors of President and Vice President. 2
u cording to the same Census. In lsl
6 another Census was taken, and, at 4
es Session of Congress Of 1911, new a
a, por,ionment was made, 10 take effect
,ir the 4lh Of March, 1919. And, at
N. Session of the General Assembly, held