The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-04-15

Quectiou Wtth "sN W tAaN iiisau
ner in which the representatives have been
elected by the State at large rather than 10y
single districts Although the apportionment
law Of ls4l required representatives TO be
elected by single districts, that law, by the
practice of the government, and by the sol.
emn decision Of the House OF Representatives
was decided to be unconstitutional so far a.
it required the States to district. II was
called, in the popular language Of the day,
the mandamus act. No one in the popular
branch oil Congress made such an able ar
gument proving the fact US the distinguished
representative from Virginia, Mr.. Drom-
goole. Ii was then decided that the con
stitutional power of Congress to fix the time,
place, and manner of choosing Representa-
tiyes did not include, under the word 'man-
ner the right to command a State to dis
trict and Congress itself never did dis
trict. 1t was therefore called a mandamus
act.
But whether that be 30 or not Congress
has never required the State OF Minnesota
TO district. and therefore her act in electing
by general ticket contravenes no law. The
enabling act said to her, you may elect one
and US many more rs your population may
show you to be entitled to-" Therefore
Congress said to the State Of Minnesota,
"you may elect more than one if you have
population to justify it, and did not pre-
scribe the manner in which they should do
it, and hence they could elect by general
ticket if they thought proper to do 50. |
think, then, the idea Of constitutional or
legal objection sprlnging up in regard 10 the
manner of election is altogether out OF the
question.
Mr.. DouGrAs said, in reference to the pro
position of Mr.. FIrrH, discriminating among
the members elect, as to who should be AL.
mitted 10 seats, that
In the first place, We have no
official evidence before Us that anybody has
been elected. In the next place the Senate
has power TO look into the question and say
whether anybody has been elected. BY the
constitution OF the United States, that is sole
ly left to the House of Representatives.
therefore am not willing TO say that two have
been elected, or that three have been elected.
am willing TO assert merely that Minnesota
shall be entitled 10 two representatives, and
leave all else to the House of Representa-
tives.
Mr.. FIcH modified his amendment as fol.
lows:
That said State be entitled TO two Represen-
fatlyes in Congress until a new census be taken,
which census shall be taken again, as herein
provided: and II it appears by said census that
State Is entitled to three Representatives. agree.
ably to the present ratio of representation, then
another Representative shall be entitled TO his
seat. And that il shall be the duty Of the Sec.
rotary OF the Interior 10 cause a census Of said
state to be taken a. soon ~ prsc able, agree.
ably TO the act approved Feb. 20, 1851.
The question being taken by yeas and nays
upon Mr. Fitch y amendment, resultcd--yeas
20, nays -, as follows:
YEAs-Messrs. Allen, Bggs, Bigler, Bright,
Brodcrck, Brown, Douglas, Evans, Fitch - Green,
Gwin, lverson. Jones. Mason, Polk, Pugh, Sc
bastian, Slldell, Stuart and Wright-2).
NAYs-Messrs. Bayard, BENJAMIN, Cameron.
Chandler, Clark. Collamer, Crittendcn. Dixon,
DuTkec, FesseDden, Fitzpatrick, Foster, Hale,
IIamliD, Harlan. Henderson. Houston, Johnson.
Of Tennessee, Kennedy, King, Pearce. Simmons,
Thompson Of New Jersey Trumbull, Wade, WI
son and y ulee-21.
30 the amendment was rejected.
Mr., PUGH, OF Ohio said;
believe the proper method IN.
tended by the Constitution Of the United
States, for electiDg Representatives was by
general ticket. ] have no doubt that the
States have right 10 subdivde themselves:
but do not believe Congress has any au.
thority whatever To require State to be
subdivided into congressional districts; and
think Minnesota, II II State in the Union,
would have a perfect right to disregard il as
other States have done Az 10 the election
Of her Senators, she il State from the day
her Constitution il adopted and the mo-
ment she il received into the Union her Sen
ators are entitled to be sworn in. No mat
ter whether elected before or after her ad-
mission, they are her Senators.
Mr.. Mason. II the Senator will allow
me, will say this as understand it, the
objection IL not that she has made one dis
trict Of the entire State; but the objection
is that she has elected at all that abe has
made any election. Minnesota il q Terrific
~, That is the objection. DO not know Of
any objection 10 her districting.
Mr.. Pugh. That ia where I think the
Senator il mistaken. The Congress Of the
United States have authorized her 10 form
State government. Il she Territory now,
Then you cannot admit her You cannot
admit Territory. You must admit State,
If she is not State you cannot admit
her. You have authorized her to form a
State government, and she has formed it,
Mr. Hamlin. Suppose We DO not admit
her, what will she be-
Mr.. Pugh. Then you reject her. She is
a State yet You have made State out OF
her. She has ceased 10 he Territory
BY your enabling act, you have made her q
State. put the question again, can you
admit Territories into the UDion' She
must be State or you cannot admit her
She has right TO choose her Senators a.
she PIeass, in absence OF an act Of Con
gress, At whatever time she pleases.
Mr.. Foster. Will the Senator allow me
to ask him . question,
Mr.. Pugh. Certainly.
a