The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-01-10

Why, aiss - fAaa1aneun &nnnns&
with The people Of 6sals vhs<hsr their rspssssn-
tatvee shall, AZ joint body psereeens he sexrs-
gate majority Of the STATE, in this body q 10 the
Senate; or whether they shall act ~ indspsndsas
persons, aad thus divide The power and alVenss
Of the stats in Federal legislation. Who shall de-
termne this matter for State but the people or
the Slater 9f ~ 2, sseI ta7ils 7@spf
Nov, sir, consider the absurdity Of pvediontiue
shines" and eplaces" Of the permanent condition,
Of the rights and franchises l have enumerated.
The time and place Of divided suffrage, The time
and place Of apporiioned representation, the time
end place Of the white basis. or NE free basis Or
The mixed basis, or any other basis. The time
ority and joint representation, o. Ioea nsjoHtiss
and divided representation. How nrspostero0s
would this language be. And yet such must be
the language Of those Who maintain that tia
words " holding elections" includes shese things.
for these words are, by the Conssitu,ion, referred
TO 9 times and places tHai
the election Of senator's a. well representatives;
and if that language authorizes you to divide the
electors Of Representatives, how is it that il d0eA
not authorize you to divide the electors Of ssna-
tors' II you can district the people, why not dis
trict a legislature-give to one body the election
Of one senator, to the other, the other senator,
and thus cause State to be represented in the
instead Of aggregate majority, thereby divid-
ing the p over of State in the Senatei aN
Now, sir, in relation to the case before the COM
muee the use make Of the argument submitted,
is this: If Congress cannot district State, il cam
not control State in districting ITSELF lf Con-
gress cannot determine and regulate the internal
rights Of people Of State, il cannot interfere
with State laws enacted for that purpose. II the
power Of regulating these matters belong to
State, il is no business Of ours how that power 10
used by the State. 1.-THE State laws interfere with
no provision Of the Constitution, and no law Of
Congress passed in pursuance { that Constitu-
ton, it is our duty TO observe them, however Gu
PRECIOUS, or however unjust to portion Of the
people Of the State. Il 10 incompetent for Con.
gress or this House, to pronounce an act Of ls-
gislature fraudulent. 1t would be species Of i,,-
dicature unknown to political or legal science. A
law OF a State may be unconstitutional and void,
but cannot be pronounced fraudulent. Fraud can
only be predcaled Of those who execute or vio-
late law. s49a fsoa s5.q4 {
There il no serious grievance involved in the
question before the committee. will venture to
say, so enormous power was never claimed upon
so pitful pretext. There is nothing so con-
temptible in legislation to attemptto provide for
every petty Inconvenience, to attempt to keep an
exact account in equity between the Government
and laws, and every individual in the community
What great matter lie il, that a handful Of people
have voted twice instead Of once, in reference to
brief term of Office, and under an unforeseen con-
tineency. m s, rs lIs 3 44ee.
In using the word 'sunfair" in relation to the
law Of New Hampshire, spoke of the operation
the mind Of the legislature. Doubtless, the legis-
lature did not foresee its contingent operation--
How could they' | have looked carefully at the
language of the act to if it it would admit Of
construction that would exempt this special cleo
ton from its operation. But the language is ex-
l