The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-09


re2ard OF such law, regulating the OF the cleo
tons should persersey get together snd by her pres
en method elect persons not Of this class, would
Congress declare him eligible ia spite OF the law Of the
state u IL be answered no. be is ineligible, not because
Of his not having been judge but because Of The mode of
eecting him. thus reply How Congress any other
body say what part Of State law shall be oboyed and
what dsobeyei7 II they possess this right the whole
matter IS az last at their pleasure and they may, at
their caprice puy and declare void any State law upon
the subject OF elections from which decision there Is ap
peal Il they may declare him eligible grounds indie
pendent OF the State laws they may declare bin ineligible
al p for where is the rule govern them the consti-
tuition saying little the subject and therefore not
broad enough every varying that may arise
10 the wild denm Of party other excitement there is
no telling what The legislature do, whom they may
elect. corrupt Irish Parliament sold their country
England There must be restraining power more ex-
tensive in It's operation than that in the constitution
our Senate which should be distinguished for its dignity
and wisdom may deci into den Of criminals and
laws The very necessity OF this power which plants il in
The States renders supreme over Congress- and second
Let inquire here If this Is not the understanding
how comes il this State has its ngres exercised the
right OF dividing the territory into districts and eectng
members OF the lower house from Gut their respective dis
tricts No such qualification is required in the consu-
ton, and ought 70 have remarked before that Congress
has no law the subject OF elections Whether this
the result Of positive law long-esnblished usage in
the State care not No veter in Illinois would select
member Of Congress candidate lisng out Of his
gessional district and II ny any means, one such were Sc
ected we ali would regard II good ground for contest
ing his election. The truth is in whirlpool Of
uncertainty and each State at the mercy of wiltu SEN
ate unless he right furnish the rule Of decision In such
is conceded TO the States Ii is only inherent
original right in the States but is evidently yielded by the
clause of the constitution last quoted for the States ongh
to be permitted to do that directly which they may do in
directly.
Besides what does this achoosngn in the constitution
mean Must the choosing of act several
Ii Of several, why may the State say time
judges shall be ehosenthis is act, and step to
choice then lawyersthis is another steps and on
until they finally get to one chosen one. This is only
circuitous manner OF election but it is much a
manner is the mental process performed by members
Of the Legislature when they their eyes the State
and out Of the thousands choose In coming to that
conclusion they necessarily exclude and dsqualy
at least temporarily (Which is but the with dsqua
flying law subject is repeal the nine hundred and
ninety and 'choose" the How absurd to says
then the legislature shall have the right OF choosing and
fixing the nanner' OF choosing and yet say they shall
extend their choice to everybody but certain class and
that choice must consist of but substantive act
In presenting the foregoing remarks, | have avoided
calling the attention Of your readers fact which
puts the seal of 6nalty this whole subect-tha is the
law dsquaifyng the judges is contained in the consu-
ton Of the Satehe will OF the
reign people 1t is argued by Mr. Findley, of
Pennsylvania in the Maryland conested-eection of
Barney u.s. McCreey Congress protecting the people from
the legislature but is Congress UNFOLDING the legisla-
ture in ramping upon the will of the people. Yet where
does this legislature get its From the SURFACES of
the people, it true but not unrestrained not arbitrary
The people have beforehand denied to these their servants
the exercise OF certain In the face OF such denin
the exercise of those powers is unauthorized forbid
den, void act Is not Congress bound to look at the
authority of this egslatureto how extensive it
isl must they take the ipse diai of body which
time may be selfconstituted? Suppose there were two
antagonsc legislatures each claiming the right where
Congress look to decide but the constitution,
and that they mast deliberate and decide is beyond
doubt. So if there is but legislature yet in the
erce OF its powers Congress must that there
nhibory provisions no lack of authority no forbidden
fruit and must declare all acts done without authority abb
sou,ey VOL. When the constitution denies the right of
the legislature in certain cases the want of power
VIII 10
the constitution has not given the warrant This doctrine
is universally admitted. Nor is there any limit to the
right OF the people thus restrain the legislature The
former is the principal, the latter the agent they
appointed by the people the people may define and limit
their agency and wherever and whenever and in what
the legislature has the right to act and speak for the
people, they only act and speak subject to the mta
tons contained in their power of atorneythc consttu
lions and the sufrnges Any act done outside of these
limitations is not the act of the principal but the wfu
unauthorized act of the agent anaogcaly non Jus
tce 1t is conceded that the legislature have the right to
act when the constitution does not deny the right but
when 1t is denied they have such power. II needs no
constitution to declare the act voidthe very nature OF
our government airms. In this the constitution
declares the judges ineligible Not content with that it
soemny and emphacay declares the votes cast for
them pod What regard hc Congress pay to the void
acts of unauthorized assuming elect where they have
no right possessing no more powers to do what they have
done than hundred lawyers assembled ndiscminae-
y from the State? They cannot shelter themselves behind
the that Congress alone has the right to prescribe
regulations for not only this untrue in point Of law but
If true such objection cannot from their mouths. The
existence OF such power in Congress is authorization TO
them they derive trust power, from Congress- and
if the people had not the right OF prescribing it s enough
to know they denied the right of acting to the legislature
Tho can set limits to the Of the people OF any State
within It's territory, except the instance OF being ob
ged to a republican government? And it would be a
novel, unheardof doctrine for the legislature the agents
and servants Of the people to say to them you have
claimed unconstitutional ccnstitutoDyou have nsurped
right believe the 10 be unparalleled; Legislature
acts have been dsregarded by courts Congress- and
pie, but heard constitution declared imperative
by the elected under that constitution for the purpose
Of carrying it into effect Where is the limit to such mad
ness? Whittier will it carry us If the legislature may
declare provision bad and imperative they may de-
clare any and all OF what use, then constitutions?
They worthless than the paper they are writ
ten
We delivered bound hand and foot, to the tender
merces OF hy-one men, Who at their caprice may spit
upon the constitution themselves above it. and adj
minister the affairs of this State unchecked. We have
been taught that constitutions sacredhe great
tire of the political SYSTEM But tbese tyone lights
have at one dash dspeIed that Illusion and must find
the excellence of political wisdom and justice in their boz
SONS We may wake up fine morning and find our
cherished division of the powers OF
rad the hands of these aspiransall the sacred guar
gance those ancifu gentlemen may please their
with. Where is the check? We hare looked to the con-
suonbnt that has vanished into thin air before the
eulgent beams Of this strange spendor In word, this
OF the majority Of the legislature in eecng Judge
Trumbull is usurpaton notification, which, If sus-
tanned precedent may lead to the most fearful conse
quences Let ask ourselves what is there in this land
worth living for when the constitutional barriers of our
dearly rights and privileges torn down and we
adr the troubled ocean of political strife without
anchor compass without safety and without hope
Governmental troubles by degrees-thc fine struc