Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1890-05-28
The third section provides

06r61nD6IOr6 prOVlQ6Qs
The third section provides
That until the next apportionment of Repre-
sentatives shall be made by Congress conform
ably to the Eleventh Census. there shall be no
sional districts in any State to alter the same
as they existed when the Representatives Of
the Flfty-first Congress were elected.
The second section commands the States
to do.
The third section declares they shall not
do. We deny the power of Congress by
law to do either Or both.
The power to command carries with it the
implied power to enforce such command,
but how could Congress coerce a State? By
mandamuse (Kentucky vs. Dennison, "A
How, 26.)
AS We shall show hereafter, Congress has
power under certain conditions to ''pre-
scribe the times, places, and manner Of
holding elections, &c.," but it can not com
pei the States to do 30 under cover of that
power.
Nor can it prohibit the States from legis-
lating. Is it contended that Congress can
enjoin the States, by this method, from
legislating; suppress their legislatures; and
nullify the wishes of the people of the
States under this extraordinary claim of
power? When Congress has once constitu-
tionally acted on this subject, by "makipg
or altering provisions, &C., at once that
law supersedes the law of the State on the
same subject, for the laws Of Congress, with
in the Constitution, are the supreme law of
the land; but until Congress assumes to act,
surely the States cannot be prohibited from
exercising their constitutional powers. The
same principle has been recognized in the
commerce clause of the Constitution by the
Supreme Court in several decisions.
Are the States untitled or incapable of
properly organizing their own COngression-
al districts2 This bill blows both hot and
cold. Under its provisions Congress con-
fides to the States the formation of districts
after the next census, and in the next sec.
tion votes a lack of confidence in the States
by denying them the right to select the dis
tricts for the next Congress. Does not this
show that under the form of a general law
the chief if not the sole object of the bill is
to nullify the action of the two States of
Ohio and Maryland in their recent lsgisla-
tion in redistricting their States?
This subject has been before Congtess in
the past. In 1S42 Congress passed a law
directing the States to elect their Repre-
sentatives by districts rather than by a
general ticket system, as some were then
1S42, and President Tyler sent a special
message to Congress giving his reasons for
approving it. This was SO unusual pro-
ceeding that the venerable Mr.. Adams, who
was then member of the House, asked
shat the message be referred to a select
committee with power to send for persons
and papers,"
The States of Missouri Georgia, Misss.
sippi and New Hampshire declined to obey
the law, and elected their Representatives
by the general ticket system, as heretofore.
Upon the assembling Of the Twenty eighth
Congress- the question of the title to their
seats was at once raised and able reports
were filed by Hon. Stephen A. Douglas for
the majority of the committee and Hon.
Garrett Davis for the minority. They were
elaborately and fully discussed. A separate
vote was asked on each member. In the
case of Edmund Burke, of New Hampshire
(the first vote taken) the yeas were 1913 and
the nays were IS. While varying slightly
in the other cases the majority was about
the same in each case. We find among
those voting in the affirmative such names
as John P Hale, Hannibal Hamlin, Pres
ton King, Geo. G. Dromgoole, Edmund ".
others. (See House journal, first session
L
that the power claimed by Congress to COM
mand the States to lay off districts for
members of Congress was thus emphatical-
ly and quickly denied, and, SO far as we are
informed, it has never been attempted since.
Not tho least Objectionable feature of this
bill is that extending and enlargiug the
powers of the Clerk of the House of Repre-.
sentatiyes, and it is only necessary to say
that the Clerk Of the House is uauaily
strong partisan, naturally inclined to stretch
the law and his conscience for party adyau-
tage, fully conscious, too, that the sdprem-
acy Of his party and his own tenure Of Office
may depend upon his construction (strict or
liberal as the case may demand) of the leg
al sufficiency of certificates of election filed
with him.
Mankind are unco' weak,
An little to be trusted,
If self the wavering balance shake,
IT'S rarely right adjusted.
But more than all these is the bold claim
asserted in this bill, after the States of Ohio
and Maryland have, in accordance with
their right, already arranged and designated
new districts for tho election of members to
the next House of Representatives, that
what they shall do in future, but can actu-
ally nuItafy the laws of the States already
passed, and which it is not denied they had
a right to pass, when enacted. If stability
of the laws is desirable, or uniformity Of
action in the Unit~d States in this matter is
sought, or respect III the minds of the pao-
pie for Congressional legislation, w5bo 1t
regard to political aftiliation, Is an object to
be attained, we respectfully submit that this
clause 10 tina bill is fatal to the attainment
of either.
But as inexpedent, unwise, and unpatri-
otto as we think the above views show this
bill to be, we beg TO add the further objee-
tion that Congress can not intetltgently en-
act such law
1t will not be denied that the enactment
of law impossible of execution is nuliity.
No less nullity should that law be which
is incapable of intelligent enactment. To
assume a knowledge on the part of each
Representative Of determining with wisdom,
and justice the metes aud bounds Of three
hundred aud thirty districts in the United
States, having due regard for the genius,
habits, and customs of the people of each
district and the adjoining districts thereto,
taken together with the varied and multi
form duties Of members of Congress, re-
curing unrenit'iag toll and labor, Is 80 .rcs
lay warranted BY the experience Of tht
past and the weli-known limits TO human