The North-Carolina standard., 1847-01-20
SPEECH OF MIR. DANCY.


18th, 1916, on the bill 10 re-arrange the Con-
gressonal Districts of the State.
Mr.~Dancy said, that having been anticipated,
by those who had preceded him, in several posi-
tons which it, was his purpose to assume, in op.
position to the passage of the bill, he should be
necessarily brief in what he had tossay.
The only apology then, (said MIR. d. which 1
shall offer for trespassing at all upon the patience
ofthe House in the remarks am about to submit,
is the acknowledged importance of the measure
under consideration. Under ordinary crcumstan-
ces, Sir, should be content, so far as am, indi-
vidually concerned TO permit this bill TO pass in
silence. But she GnusuaI and altogether novel di-
rection which the debate has misunderstanding,
as'it has, to bitter party crimination-and the ex-
tsaordinaTy character of the measure ITSELF affect
ing most vlay the Interests not only of the whole
State, but especially of TINT portion which have
the honor in part TO represent on this floor, feel
that | should be wanting in duty to that generous
constituency who have con6ded those Interests 10
my care, did | not raise my voice against it. And
here, MIR. Speaker, must be permitted to premise
that regard this measure as the greatest innoya-
ton on established Legislation known TO the his
tory of the State. 1t marks new era in our an
mails; and it well becomes those who hold the
power here to look to the consequences of its pas
sage. What is the object of the bill, and what
does propose to do To rc-distrct the State, to
re-diyide the State into nine Congressional dis
trits-at period, too, intermediate between the
dccennial pportonmcnt,-to repeal the provisions
Of the solemn legislative enactment Of 1923
law passed by the the joint votes of both parties,
and acquiesced in by the people for four years
say people, Mr.. Speaker, because have yet to
learn that they have moved in this matter, or
that they demand repeal of this law | use
the term in contradistinctou to the politicians
For the mere politician-the politician by trade
to whatever party belonging, l have an instructive
aversion. believe they are necessarily dema-
gogues, and their vocation is to lnfuse suspicion
into the minds of the people. For what purpose
then, Sir, is all this What overruing necessity
demands this unusual Legislation Because as is
contended, by the Report your table, "lhe voice
of the true majority has been designedIy suppress
sed" by the present law, or, TO use the language
Of The gentleman from Hertford Mr. Rayner) the
State has been "gerrymandered."
Il becomes, then, proper question of inquiry,
has this Legislature the po1oer claimed by this
bill and, if so, is it erpedient to exercise il ?
In determining the question of power, -srrference
must be had 10 the great paramount law, the Con-
stitulion and laws-the Constitutions both of the
State and United States, and the laws made in
pursuance Of the same. The Constitution of the
State being anterior in point of existence to that
OF tho United States, as matter of course nothing
will be found there in reference to this subect
less it be in the amended Constitution of 1885,
and this may be searched in Fain Nor am a.
ware Of any law upon the Statute Book which at
all touches this question. There are, however,
several provisions in the Constitution Of the Uni
ted States which refer 10 tho subject of Represen-
tatives, and one more pointcdy than any other. 1t
is that which has been before quoted in this debate
The Ist clause of the 9TH section Of the Ist arti-
Gle, declares that .-
"The lines Places and manner of holding
tala far p Il.
"be prescribed in each State by the Legislature
thereof, but the Congress mag, al any time by
law, make or alter such regulations, except as
to the place of choosing Senator'S"
And here, Mr.. Speaker, must be permitted to
declare, after candid and dispassionate cxamina-
tion of this subject that differ t0lo cello and most
profoundly from the views entertained by some of
those on this floor with whom am accustomed
to act, upon the question of power. And, while
listened with very great pleasure and satisfaction
to the ingenious and elaborate argument of the
gentleman from Rowan (Mr. Ellis, and the we'll
turned periods and eloquent diction with which it
was enforced, with all my prejudices against this
measure urging me to the conclusions he drew !;
vet, am constrained to say he failed to shake my
convictions on this point. believe the power Of
the Legislature over this subject s, by this pro-
vision, clear and unquestionabe; I believe ii is
broad and ample as ample as the most enthusas-
tic advocates of this measure could desire. 1t is
fact, yes "6xed fact" in the Constitution.
The times places and manner can any phrase
be more full ;or comprehensive 'The times
what times7 Any day in the year which the
Legislature may prescribe" "The manner
what manner2 The whole manner; compre-
hending an indefinite number of particuars-eith-
er by ballot, rica voce (as in Virginia,) the dis
tric or general ticket system (unti the late law Of
Congress,) majority or plurality, and all the
known and usual methods by which Representa-
tivcs arc chosen. Docs any one doubt the power of
the Legislature 10 alter, at pleasure "9he times I"
of choosing Representatives in Congress? This
power has been exercised more than once in the
history of the State, and there is now *bIl on
your table which proposes TO do the same thing.
II, then, the Legislature alter the g times,
hold it as clear that it can exercise the same pow
er in reference TO the" places and manner" The
power conferred by this provision is Of that
class of powers denominated by commentators as
conference.-the concurrent exercise of which be-
longs both to the general and State governments.
but which the general government has surrender
cd primarily 10 the States, reserVng to itself the
ultimate right Of a supervisory control for pur-
poses of self preservation 1t is not power ori-
ginaIv Inherent in the States nor is it reserved
power, because no power could be reserved which
aid not exist before the adoption of the constitution
No State could reserve what it never possessed.
It is then a power which came into existence
with the adoption of the constitution and as a mat
ter of right belonged to the general government,
according TO weseuled principle that every
government should possess within itself the means
of its own preservation. But the general govern
ment being designed for national objects alone,
such powers were conferred upon it as were of a