Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1865-12-09
Laws CONCERNING Congressional Re-
presentation.

FROM the National lntellgencer.I
An erroneous. statement occurs in the arti-
Gle Of the Philadelphia Ledger, published
in another column, under the head of ''Tone
of the Independent Press upon the Congress
sional Roll" 1t is recited therein that Con-
gress had never exercised its reserved power
under the clause of the Constitution giving
it authority to legislate concerning the
times, places, and manner" of choosing re-
representatives. in States A little more
than generation since Congress pass
ed law, without much opposition, d.
recting that States should be divided into
districts for the choice of Congressman. A
few States, and among them New Hamp-
shire, which was at that particular time
ruled by radical Democrats of Calhoun
tendency, resisted this law as an infringe
ment of State rights, and went on to elect
by general ticket Under this initiatory
form of rebellion against the national au-
thority, Mr.. John p Hale, among others,
was first elected. But the persons so elected
were given their seats without even the rails
ing of a question, we think, as to the legal
lily OF their election, so strong was the feel
ing in those days for the undisputed right of
representation by people who were the sub
jects of law and who bore the burdens of
taxation.
Another law was enacted last winter, at
the date when peace measures had been
set on foot by Mr.. Lincoln, and when the
crushing out of the rebellion seemed certain.
The thought Of the legislator at the period
of the passage of the law seemed to be that
oil the Congressional districts tcould be speedily
represented, because the act provides against
military interference lin manner specifed)
in any Of the Congressional districts Of the
United States
The clause of the apportionment act under
the census of 1910 recites that the members
of the House of Representatives shall he
elected by districts, composed of contiguous
territory, equal in number to the number
of representatives to which the State is
entitled, and no districts shall elect two
representatives.
The act of 1862, which it is believed, was
framed among other things for recognizing
as members of the House persons who were
elected from districts in States which were
not entirely in rebellion, is worded like the
act of 1871.
The question then arises, whether or not
person who claims to have been elected by
the people as a representative from enc of
these districts, as provided by act of Congress,
may not claim seat without reference to
any State action or condition? Has there not
been action of Congress since the rebellion
admitting members upon the idea as above?
In respect to elections of Congressman, as
provided for by the Constitution of the
United States, it is recited in that instrument
that the Ereeutire authority" of State may
order an election of representatives when
vacancies occur
I" Erecutipe authority" is the phraseology
of the Constitution, which instrument alone
can rightly control the determination of Con-
gress as to'the qualification of its members.
The Constitution recites that the qualif-
cations of electors of representatives in Con-
gress shall be the same as for electors for
the most numerous branch of the State Lee
gislature. Have not the men who have
been elected to such constitutional electors,
under the writs Of election constitutionally
issued by the Executive authority" in n
State, right to seats on the floor, any mere
law of Congress, as that Of 1862, to the con-
trary notwithstanding?
1t matters not that the law of Congress for
creating single representative districts was
carried out by State Legislatures. Had they
not done so, Congress could have legislated
directly to effect the object. Besides, in
law, what one does by another, he does
himself"
But not only have the present Southern
representatives been elected in compliance
with the necessary initiatory legal forms I'M
der the Constitution, but they come here
from districts in States formed in pursuance
of acts of Congress, and, superadded there
to, they have the endorsement of the Execu-
tive authority of such States