The North-Carolina standard., 1847-01-20


Iserved to itself the right sat any time, by law, to
make or alter soch regulations, except as TO the
place OF choosing Senators" For more than fifty
years since the origin of tho government hseK
had this supervisory power over State regulations
f1aid dormant until it was called into active exers
I else by law of Congress "approved June 25lht
842." Except so far, then, as this act has taken
it away, the power still remains with the States
in its whole and unimpaired vigor. The dues<
tion then occurs how far does the act aforesaid
abridge the power of the Suites as 10 time pIase,
and manner ? This will be best answered by a
reference TO the act ITSELF That portion Of the
law of AZ which refers to this subject, is in the
| following words: a
"Sec. e. .Beit further enabled That in every
case where State is entitled to more than one
Representative, the number to which each State
isha be entitled under the apportionment shall be
Ielccted by Districts composed Of contiguous terri
tory equal in number to the number of ReEte;
scntatives to which said etale may be entitled, n0
district eccling more than one Representative"
1t is clear ,hnt this law does not take away the
power Of the States over the times of holding efCc4
tions, or the place. The power of Congress, whom
called into exercise is potent 10 do either. Il may
Regulate the lime and place, and leave the manner
10 the States it may take 10 itself the control of
the manner, either in whole or IN part, leaving ths
time and place 10 Snte regulation and ia such caS
Sos it exercises with The State divided Jurisdiction
| (dioisVna imperium J or it may regulate one, or
both or ALL TO the absolute and entire exclusion of
the States. If then, this law has excluded the iu-
risdicon of the State over any portion of this sub
lect. it must be as TO the manner of holding eleG1
tions." How far, then, and to what extent
The gentleman from Rowan, (Nr EiGs,) in
arguing this question has laid down very correct
ly the rule that in the exercise Of concurrent pow
ers, if there be conf1it between the laws of tbs
Union and those of the State the latter, being in
ferior must yield, and imperative TO the extent
OF the conflict This is consequence not only
of the acknowledged supremacy of the General
over the State governments, in all cases Of Co.'s
flcting jurisdiction, but it declares Cart
g, Sec. 2,) that the Constitution and laws made 10
pursuance thereof shall be the supreme law of The
! land any thing in the Constitution or laws Of any
State to the contrary Notwithstanding Bu. lhs
gentleman draws the conclusion that Congress, by
the law Of AZ already qnot~d having declared
that Representatives should hereafter be elected bv
single districts had, e 10 a certain extent" assumed
control over the manner, and the States having
been distfictcd under that law it was incompetent
! for the Legislature 10 remodel them at pleasure.
1t is conccdcdthat any State regulation with which
the act aforesaid conflicts is thereby rendered null
and void. But how far docs the law Of Congress
conflict with the regulations ofthe States on this
subject2 To the extent deducibls from The Ian
Guaee Of the act itseIf-so far, and 20 faTthor.
! What does il sAy2 II cnacts generally that Rep.
resentatives shall hereafter be elected bv single
districts I" composed Of contiguous territory" bat
leaves the ono modo OF their construction hereto
fore, to the details Of State Legislation. Is there
any thing in this enactment 10 Justify the eonclu-
sion that Congress intended to abridge the power
Of the States over the manner. except to requFo
them to elect by districts7 think not. IF so,
then the po,eer of the States 10 reorganze and
remodel them at pleasure, is as ample as before
the passage Of the act. +s
| Again: 1t is conceded that the power of Con,
gross when called in exercise, is as Complete over
the places as over the time and manner Suppose,
then that Congress, in 1842 had proceeded TO en-
act farther, that. for purposes Of greater cenTe-
niencc to the voters, there should be election pre-
cincts or places of holding elections" for every
six miles square Of territory2 All State reguIa-
tions with which this might conflict would be abb
rogatcd, and il would be the duty Of the States to
conform their regulations TO the action of Con-
grcss. But would these precincts or places Be
| immutable2 Could not subsequent legislature
alter them at pleasure conforming itself the re.
quirements Of Congress, viz: that they should be
held for every six miles square,
! Congress, :hen, by the act of AZ has assumed
| to itself the power Of " altering" the manner ia
single particular it has laid partial rcstrietiow
upon one particular Of subject of much detail
! Again: 1t is fundamental rule in The intcrprc-
tation Of all instruments, TINT they should be con-
strued according to the sense of the terms and The
intentions Of the parties and it may be added that
all legislation is limited by the intentions Of tie
law.makng power, as expressed by appropriate
terms and phrases. Tried bv this rule, what are
the objects and intentions of the law of AZ as dis.
closed .upon its face2 Plainly and simply to
abolish the general ticket and double district eys
tenn of.elrctinS representatives and to establish
the single district plan in its sead-nothing MORE
nothing less. These were the grievances com.
planned Of, and these the law sought 10 remedy.
To this extent thcn and no farther, does the law
aforesaid trench upon the power which the Statcs
have over the manner. The States, then, possess
every power over this subject which they had b6-
fore the act Of AZ, with the single exception that
they arc required to elect by districts. 9
But there IS case when the power Of the
legislature to remodel at will these districts is at
an end It is when Congress shall assume 10 IL
SELF the power of making = regulations and not
! of altering" those already 10 existence; when Il
shall proceed to district the States ITSELF State
jurisdiction over this branch Of the manner will
then be completely ouslcd The power which
before concurrent in both the State and nation.
al governments will be exclusive in the latter and
will thereafter be Inhibited 10 the States. 80 =
| Having disposed Of the question of power,
come now to the second branch of the inquiry:
Is it ezpedient to exercise 1t believe it is NOT;
and 1 think il will be attended with consequences
most injurious to the interests Of the State. A
power is one thing, and the expediency Of IFS ex-
| crcise is another. Congress, under the Con-
| stilution, has power TO declare war. While the
/ existence of the power admits OF no doubt, the
propriety of its exercise might be question Of
GREAT doI1hf IyoI,ld ry,,fit,,