The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10
hour
not granted

But M: WENTWORTH objected. So leave was
not granted.
psr.ncIAnok IN THE VALUE or GOLD
Mr. CHANDLER a. ed leave 10 Introduce a resolution.
ss follow:
Whereas 10 consequence of the large supply OF gold aom
AiIoniA aud other per,s Of the world, tho proportion bs.
.aecstus relative vue rendering the isier me
article OF mccbs disc rather than currency its
nss - ss ssS.
country ~ benx largely exported aud IL consequence of
arc betsy apdIy wlkdsawn om crouIa,on thereby sub
Jecng the banks and business community 10 great and
owln9 inconse from The scarcity OF those coins for
. the purpose Of making change
Rssolved Ths. the Committee Commerc be directed
.ve coips d The United States by dimnins their weight
" o. increasing the proportion Of alloy - the same OF both
ss " prsvsnt their expectation aud that they have leave
10 report by bill or Otherwise.
Mr.. SWEETSER ohjectng, leave not granted.
Mr Cutb. Of Alabama moved TO postpone the FUR
hss consideration Of the New Hampshire election case
for 0is4ay: not agreed TO.
1mn NEW HAMPsHIRE CONTESTED ELECTION
The report from the Committee OF Elections on the
New Hampshie contest then up; when
Mr.. DISNEY. who was entitled TO the floor, addressed
the hOusa favor Of the rgh Of the sitting member
Nj D. held up in glazing light The want Of consist
ency - the virtual application made by Mr. Tuck lin his
speschl tuthe Ohio wing members for the contest
ani-thsmsslyss holding their seats only under the ope
ration At inat such change in apportonment law
that uar which the wbig from this district claimed
hold t9is sse He was opposed to frequent changes in
the limits a districts, the improperly Of which he went
Mr. D. then. approaching the constitutional question
involved IN ne controversy, urged that when vacancy
exated ~ houee knew it not from particular
coagresMepal district but from the State One of the
difficulties attending ihs formation Of the constitution
to insnEs re fu representation Of the States That
resulted ~ the insertion in the constitution OF the clause
the subject That clause not intended TO inter
fere with the sovereignty OF the States, but impose
the Legislatures thereof the duty OF making provisions
for the due election OF members. which had been neg
lected under the old convention The constitution
h0fized Congress- 70 insist that the State legislatures
should exercise their righgl power; and in they
did not obey the order of Congress, then (Mr D.
understood 10 urge) il was made the duty of Congress
themselves 10 make the necessary regulations Indeed
only object OF this clause OF the constitution TO
insure full representation from each State He
ceved that i the legislature could alter the lime and
place Of holding an election which not denied. ii
could ; hs ss q ne Of holding i he
Kentucky TO have been that because such changes in
ythe dmensons Of districts unwise, therefore it
This be held to BE- ridiculous doctrine The const
tuition expressly authorized Congress to make the
changes which. according to the reasoning OF Mr.
THOMPSON. were unconstitutional because troublesome
His Mr.. THoMPsoNsl argument. be granted held good
against the abuse OF the power but not against the
slitnonal power 70 make the changes complained of.
Mr.. STRokG (said Mr.. d. had satisfactorily replied to
the Hypothesis OF Mr. THOMPSON, Of Kentucky wherein
that gentleman had complained that legislature might
alter the districts oil State as to make impossible to
know what district was vacant Mr. STRONG had, in
reply TO that point simply declared sad MIR D. that
then the House would Be compelled 10 repudaie the
whole election He, (Mf Do however, called the atten
ton OF the House to the fact that in this there
such difficulty. The other members from New Hamp
shire bold their seats by virtue OF law existing when
they were chosen The people Of the two counties
posing this district hal no inherent right TO elect
Der on this hoor They drew their right wholly from the
app0rtionment law.
MIR. D. here illustrated his position that the power
granting that right could at will viiiae il, certainly
the extent OF increasing the size OF the said district
The first superintendent law of the State having been
repealed all rights under il accrung TO particular com
munties in New Hampshire expired with it, The doc
ne cOnended for by the contestants advocates vitasd
the common custom OF the country as Mr. D. argued to
prove, there being from fifteen TO twenty members now
on the floor who held seats wholly under changes in ap
portionment laws. which it was commended here had
vsied The right Of the sitting member to this seat
Mr.. HlBBARD said he was aware that any extended
remarks from him. al this stage OF the debate involved the
danger OF trcspass the time and patience of the
House The importance OF the legal principle at issue,
however and the course the discussion had taken, made
/ him desrous of submitting few suggestions. This
was question OF legal right. depending upon certain
facts. which were not in dispute and were he believed
substantially alleged in the memorial OF the contestant II
set forth that the State OF New Hampshire dlstriced
Tor the choice Of representatives. in Congress in 1916 that
General Peaslee Afterwards in lS49, elected repre-
sentative from district number Two, and General Wilson
from district number three In June, 1880 the Legislature
had altered the distctng OF the State in several paIcu
lars, setting of among the changes four towns from dis
i,'ct three 70 district number two In September 1850,
General Wilson resigned his seat Subsequently
election ordered in the second district and hlr Nor
was returned said -four towns participating the
election. II not denied tina, II the vote OF the four
towns in question thrown out the contestant would
have received majority of the votes. Il was claimed
that the governor wong issuing bis precePts to
these towns because their citizens already repre-
sened in the person OF Mr. Peaslee, and that II this was
permitted they would have two representatives on this
floor. This the only grievance alleged by the memo
ralist He proposed follow the allegations Of the
petition, and 10 consider hrst whether the governor did
rightly issuing his precep to the people OF those four
towns In other words. were the people OF those four
OF the United States and the law OF New Hampshire
make u the duty OF the governor OF the State in such
case TO ssue bis variants to the towns composing the
district from which the choice 10 to be made This he
did He issued his precepb 10 the disrct a. II then was
10 have directed them 10 the district IL used 10 be- but
recognised the validity OF the Law oil June, 1850, and
acted IN conformity to its provisions
ihe minority report and the advocates OF the con-
esianfs claim upon the floor took the ground that
me new law did not 90 into eject as TO oper-
ate upon this special election, and was not 90 in.
f Tended They held tina, it, effect suspended until
the members for the Thirty second Congress were to
that this new law contained specific provision that the
law should 30 immediately into effect II also repealed
all parts OF the former disctng laws Of the State incon-
hslent with Its own provisions. Had the legislature
desgnsd 10 continue the former law in force 10 that
vacancy should have been filled by the disrc IN IT. orr
aln.l form. they would have added saving clause 70
that effect Tins was the usual and legitimate way oil
enectng such results Their failure 10 insert such pro-
vision showed their true intention BY general satu
tory provision Of that State law passed at any June
season went into eject until specified day IN the sep
emoG following The provision that the law should
take eject forthwith, in connection With hts c'rcum-