Sidebilder
PDF
ePub

his motives be what they may, we have no time to war with him unless he be found in the ranks of the enemy.

thy of all praise. Differ as we may with him on nullification, or some other points, and indifferent as he may be to any eulogium which may come from this humble pen, we owe it to A word to him. We know that Mr. Niles, truth to pay this homage to his talents and his Mr. Fisher, and Mr. Brown, were consulted by principles. the Secretary; and the course which those genAnd, upon the other question, we shall think tlemen have since taken is no proof that great ourselves bound, in a fair and argumentative concessions were not made them. It is not their manner, to maintain a constant claim for the interest, nor would it be their policy, to agree abolition of this artificial system of the tariff, to his propósition. They desire to get all that and to keep our eye upon the ultimate realiza- they can-they know that a reduction must take tion of a principle laid down in the last Charles- place, and, representing particular interests, ton Mercury, at the close of its article upon the they are doing all their power to promote those projet: mterests.. But can Mr. R. suppose that they Because the contest in which they are en- would refuse Mr. McLane's bill, when it is gaged involves not only a question of interest clearly demonstrable, that the bill will leave a or money, but the great principles of CONSTI- Surplus of at least ten millions? They have no TUTIONAL LIBERTY and EQUAL HIGHTS; because idea- they can entertain no hope, to fasten upthe southern States deny the right of the Fede-on the country such a system. And, all that is ral Government to tax them unequally for the wanting to unite Virginia, is, for Mr. Ritchie to benefit of others, whether the amount be small do his duty-to show that he looks to Virginia or great: and because, standing, as they do, more, and to New York less.-Nous verrons. upon their RIGHTS, the contest never can be relinquished until the protective principle shall be abandoned, and their liberties regained."

Cut down our expenses to the strict letter of the Constitution, and to the real wants of the Go

vernment

The Globe of Tuesday speaks of the assault upon Mr. Arnold as follows:

"We learn, just as our papers is going to press, that an attack has been made by Morgan A. Heard upon Thomas D. Arnold, of the Cut down the revenue to the necessary expenses. House of Representatives. The public have Upon these two principles, so far as it relates seen the cards which led to this affair in the to the purse of the country, hang all the law newspapers. In the course of the affray, the and the prophets.”`· latter drew a sword, and Heard fired a pistol We note, too, with equal pleasure, that al- shot, which grazed Arnold's arm. Heard, it is though Mr. Ritchie labors to create a belief said, was much beaten.

that Mr. McLane's project should be accepted We trust the civil authorities of the city will by the south, he is more respectful than usual take prompt steps to put a stop to outrages so to those who oppose it. We are fully sensible disgraceful to the country. For Gen. Hous. of Mr. R.'s influence on this question-we hold ton there was an apology, in the wanton attack him to be more responsible for the present con- made upon him by Mr. Stanbery; but for this dition of the South than any other editor, and act, there is no palliation. It requires the inwidely as he has strayed from his duty,we would terposition of some tribunal which has power hail his advocacy of sound principles as the to inflict a punishment more formidable than a surest indication of a general rally in their sup-reprimand.'

port. We are especially gratified at his decla- We quote this to show the coloring which ration, addressed to the representatives of New that print gives to the affair. The declaration York, that "her sons may hereafter turn in that in the course of the affray, the latter vain to the south for support, if she now turns [Mr. Arnold] drew a sword, and Heard fired against us." pistol shot," is calculated to create an impres That New York, and particularly the partision that the pistol was fired in consequence of sans of Mr. Van Buren, will go as far as Mr. Mr. Arnold drawing his sword; when the truth Clay against the principles for which Mr. Rit- is, that he did not draw his sword at all. Heard chie is pledged, we are fully convinced; and it made the first assault with a heavy walkingremains to be seen how far Mr. R. will redeem cane. Upon being disarmed of that, he drew his pledge. These are times when those who the pistol. Seeing the pistol presented, Mr. love the Union ought to sacrifice their personal A. repeated his blows across the head and face. feelings and selfish ambition on the altar of pa- Whether the sword was separated from the triotism-when they should unite all their ener- cane by the force of the blows, or by Heard's gies to ensure a just, and, as nearly as possible, seizing it, is not known; but Heard, after he was an equal distribution of the public burdens-disarmed of the pistol, drew his dirk, of which for this, and this only, can save our institutions. he was also disarmed. After he lost his cane, Mr. R., in his devotion to men, has sinned, Mr. A. continued his blows with the sword, and greatly sinned; but this is not the time to quar. struck with such force and effect, as prostrated rel about the past. To us he has been parti- his assailant. cularly unkind-but let him enter the list as he One question as to the distinction which the should, and he will find us fighting by his Globe makes between Houston's case and side. We confess that we have our fears-we Heard's. Why is Heard handed over, by this cannot give him our entire confidence. But let organ, to the civil authority, and Houston de

fended? Is it not the business of the Execu-l ive to see that the laws are faithfully administered? Was not the sole jurisdiction of this District given to the federal government for the protection of Congress?

We learn that General Arnold, whose name has been several times associated with Houston and his associates, was a meritorious officer of the late war; that he is not an applicant for of fice; and that it would be unjust to consider him as one of those who seek to introduce clublaw into the administration of public affairs. We know nothing of him personally. His name was connected with Houston's by Edwin T. Clark's letter to Mr. Barry, published in the Globe, and we have done no more than refer to him as one of Houston's associates.

The reader cannot fail to see in these provi. sions much to arrest the attention of the philosophic statesman.

FOR THE U. 9. TELEGRAPH.

A subject, at all times of the first importancd to the American people, is again presentee before them, at this moment, to be decided upon. It is the selection of an approved candidate for the Vice Presidency of the United States. Opinion, in the different States, is essentially at variance in uniting upon any one particular candidate. In this situation of things, a citizen of the United States is herewith proposed as a candidate for the Vice Presidency. William Gaston, of Newbern, North Carolina, generally known throughout the United States, as one of her most prominent citizens-whose merits as the accomplished scholar and civilian, are of the highest order; and who, from his We yesterday gave an interesting article honorable, independent, and talented character, from the National Gazette, on the subject of offers a happy combination to conciliate the this young Republic, and now call the attention various conflicting parties against the pretenof our readers to the basis upon which it is pro- sions of the jesuistical Van Buren and his fol. posed to organise the federal government. We lowers. A deep opposition prevails throughhave marked some of the stipulations in Italics: out the country against this man and his party, "We find in the Gaceta of the 18th of March, whase rapacity has even insulted the national a very important and interesting decree. It au- forum itself in their harras for the "Spoils of thorises the Executive of New Granada to con-office."

COLOMBIA.

cert with the governments of Venezuela and Ecu

[ocr errors]

A.

ador, a convention of plenipotentiaries of the Reception of Mr. Clay by the Young Men's three Republics. to discuss and agree upon new Convention.—Mr. CLAY having been announced terms of union between them-a federative cove- as present in the ante-room, in pursuance of nant, of which the following stipulations are to form the basis:

"The three States to be but one body politic for any sort of treaty or compact with Spain; neither to treat with Spain without the previous consent of the others.

"The national debt to be equitably and ratea bly distributed among them, and a commission to be appointed to investigate and settte the whole subject.

the arrangements agreed upon, the sub-committee conducted him to a seat on the right of the Chair, and introduced him to the presiding officer of the Convention, by whom he was introduced, in general terms, to the delegates.— Then, addressing himself to Mr. Clay, he said

SIR: As the organ, and in the name of the National Republican Young Men in this convention assembled, I welcome your presence on "In no case of dispute, recourse to be had to arms this interesting occasion, and tender to you, in or hostilities of any description, but all differen- their behalf, the respects, the gratitude, and ces and quarrels to be referred to some common the admiration of those that surround you.Sarbiter. Your private worth and public services have placed you before them-the object of their patriotic labors and hopes.

"The three States of Colombia to make common cause, in every exigency, for the defence of their independence, the integrity of their territory, or any other important general right and concern, against any insult or aggression on the part of eny foreign power.

About to close the duties that brought us together, we could not, as a body, separate, without this offering of our feelings and sentiments to the man whose name and principles are associated with the liberty and glory of our beloved country.

With such a name, and such principles, we go forth united and active in a great causeand feel assured that, in an appeal to the Young Men of America, the CoNSTITUTION and HENur CLAY will be triumphant.

"Neither State to impose any duties of importation under whatecer nume, upon foreign manufactures and merchandise arriving in its ports in order to be carried into either of the other States. "A republican, popular, representative, elective, and responsible government to be perpetually maintained in each State, as the best security of their common welfare, and of the duration of To which, Mr. Clay responded as follows: harmony and amity between the three. Mr. President and Gentlemen of the Convention: "A central consolidated government to be avoid- In conformity with your resolution, commued in whatever event; but an agreement may be nicated through a committee of your body, 1 made for the establishment of a federal system, have the honor of presenting myself before to be prepared by a convention of delegates from you; and I avail myself of the occasion to exthe several States, to be chosen upon the basis of press the deep and grateful sense which I •population." entertain for the proofs which you have on this,

and other days of your session, given to me of
your esteem and confidence. Should I be
called by the people of the United States
to the administration of their Executive Go-
vernment, it shall be my earnest endeavor to
fulfil their expectations; to maintain, with firm-Mr.
ness and dignity, their interests and honor
abroad; to eradicate every abuse and corruption
at home; and to uphold, with vigor, and
equality, and justice, the supremacy of the
Constitution and the laws.

APPORTIONMENT.

HOUSE OF REPRESENTATIVES.
THURSDAY, MAY 3, 1832.

POLK, from the Select Committee to which

was referred the amendments of the Senate to the bill (H. R. No. 208) for the apportionment of Representatives among the several States, according to the Fifth Census, made the following Report;

Our greatest interest, in this' world, is our liberty. Derived from our ancestors, by whose The Select Committee, to whom was referred the bill passed by the House of Representavalor and blood it was established, it depends tives, entitled "An act for the apportionupon the vigilance, virtue, and intelligence of the present generation, whether it shall be pre- ment of Representatives among the several States according to the Fifth Census," which served and transmitted to posterity, as the most was returned from the Senate with a propos precious of all earthly possessions. Next to ed amendment thereto, have had the subject that, in importance, is our Union, indissolubly under consideration, and ask leave to report: connected with it, also derived from the fathers of our country. But what we want is a That the bill passed by this House, like evepractical, efficient, and powerful Union-one ry other upon the same subject which has bethat shall impartially enforce the laws towards come a law, assumes a common divisor or ratio all, whether individuals or communities, who of representation, which, being applied to the are justly subject to their authority; a Union separate population of the respective States, which, if it shall ever be deemed necessary to and rejecting fractions, the number of Repre chide one member of the confederacy, fo. rash sen atives allotted to each is ascertained. It and intemperate expressions, threatening its provides that there shall be one Representative disturbance, will snatch violated laws and in this House for each 47,700 of federal poputreaties from beneath the feet of another mem-lation in the respective States; and, according ber, and deliver free citizens of the United to this ratio, apportions to each State the numStates from unjust and ignominious imprison.ber of Representatives to which its population may entitle it, excluding from representation all fractions of population in any State less than Gentlemen, it belongs to you, and the young men of your age, to decide whether these the ratio fixed in the bill. The bill of the House great blessings of liberty and union shall be resembles, exactly, all the preceding laws defended and preserved. The responsibility enacted by Congress upon the same subject. which attaches to you is immense. It is not It is difficult to conceive any case more exactly our own country alone, that will be affected by parallel to another, than are the precedents furthe result of the great experiment of self nished by the several apportionment laws of government which will be shortly committed 1792, 1802, 1812, and 1822; to the bill as it exclusively to your hands. The eyes of all passed this House. In all these cases, as in the House bill, a common ratio or divisor was taken, civilized nations are intensely gazing upon us; and it may be truly asserted, that the fate of and employed, to produce the results. In all liberty, throughout the world, mainly depends of them, fractions existed in all the States, some greater, and others less than the moiety upon the maintenance of American liberty.May you, gentlemen, be deeply penetrated with of the ratio, or common divisor selected; and the magnitude of the sacred trust confided to yet, in not one of them was a Representative you. May you transfer into the busoms of allotted to any State for a fraction of population your contemporaries the enthusiasm which below the ratio assumed. burns in your own! And may the career, on which you are all just entering, be long, and happy, and illustrious!

ment.

[ocr errors]

The amendment of the Senate proposes a total change of the bill as it passed this House, by striking out all after its enacting clause, and substituting a new scheme of representation of An honest Hibernian, who has been appoint- the people in the popular branch of Coned to office under the present administration, gress, and is, in effect, an entire new bill. The meeting an acquaintance a few minutes after the amendment fixes the number of representatives assault upon Mr. Arnold, said: "The scoun-in this House at 251 members; and, it is to be drel ought to have been killed." "Why so?" observed, that there is no ratio or common disaid the other. "Oh, he will do the old Pre-visor that can be selected which, when applied sident so much injury," replied the Irishman. to the respective population of the respective States, will yield the number and allotment EDITORIAL CHANGES. of representatives" proposed by it. The aThe Focus and Journal, at Louisville, Ken- mendment of the Senate, unlike any former tucky; the Commentator and Kentuckian, at law on this subject, fixes not on a ratio of reFrankfort, and the Reporter and Observer, at presentation, but assumes the whole number Lexington, have been amalgamated. These of representatives of which the House shall be are the leading papers devoted to the support composed, and, on principles of consolidation, of Mr. Clay.

aggregates the whole population of the sever to be subjected on account of its numbers. It al States, divides this consolidated mass of fe- is to be observed that the apportionment dideral population by the proposed number of rected to be made, is among States regarded as the House; and, having thus obtained a ratio of separate distinct communities, or masses of porepresentation, proceeds, by it, to apportion to pulation, and not as parts of the consolidated each State such number of representatives as populaion of the Union melte d down into one is equal to the number of times the ratio is con-mass or community. We are never at liberty tained in its population; and if, in this manner, to consider the people of the United States as there remain any of the number of representa- a mass, and to apportion the representatives atives proposed as the proper number of the mong the States as if the whole was one nation, House, such numbers are apportioned one to but must continually keep in mind that ours is each State having a traction larger than the a federative republic, and that the people of moiety of the ratio so obtained. The princi- each member or State must be considered and ple of the amendment, as the committee under- acted upon as an independent community in all stand it, is, first, to fix the number of the respects where their sovereignty has not been House, and then to apportion them to the expressly surrendered. This being the case, States on a ratio ascertained from the consolit at once occurs to the committee, and they dated federal population of the United States, lay it down as a leading principle, a departure so as to give to each State a representative for from which is not permitted by the obvious each number of times the population of such meaning of the clause in the constitution to State may contain such ratio, and, also, one which they have referred, that, whatever rule additional representative to each State for any of apportionment is adopted, whether it be the fraction of its population greater than one-half rule of proportion, a ratio, or common divisor; that ratio; and to leave unrepresented all frac- whatever it be, it ought to be just; and, to be tions in each State less than one-half such ra-constitutional, it must be a uniform rule oper. tio, though the aggregate of such minor should ating in all the States, and producing some prac exceed the aggregate of such major fractions. tical result in each State. Such a rule has been pon this principle, the amendment of the Se-uniformly adopted in all preceding apportionnate allots, to eleven of the States, each one ments. The amendment of the Senate conrepresentative for fractions; and the ques-tains no one rule applying alike to all the tion presented by it is, shall fractions be repre- States, and operating in each; but, on the consented, or can they be represented according trary, it arbitrarily assigns a representative to to the constitution? fractions in some of the States, and withholds The committee believe that the principle a-any representative to fractions in other States, dopted by the House of fixing on a ratio, ap-and, in fact, and in effect, makes the unrepreplying it to the federal population of the seve-sented fractions in some of the States a part of ral states, respectively, without any reference the constituency of the representatives of fracto fractions, is constitutional and expedient; tions in other States in whose e.ection they and that the principle now sought to be esta have, and can have, no voice. blished by the amendment of the Senate, is unconstitutional and entirely inexpedient. That the apportionment adopted by the bill of the House is constitutional, and that provided in the Senate's amendment unconstitutional, will, it is believed, equally appear

The most natural process of apportionment would seem to be that of fixing in the mind the number of constiuents which each representative shall have; and, by a ratio or common divisor thus found, assign to each State its number of members, by dividing its representative 1st. From the express provisions of the federal population by this common divisor, and constitution applicable to the subject-and- letting each State submit to the loss of its own 2d. From the cotemporaneous construction fraction, be it great or small. This must have given to the constitution, and all the legislation been the rule in the mind of the convention, ever had under it. because they allude to the number of constitu

By the second section of the first article of ents which may entitle to a representative: the constitution, it is provided that "represen- thirty thousand. Suppose Congress to take tatives and direct taxes shall be apportioned a- that number as a convenient ratio, what then mong the several States which may be included would be the rule? Most certainly we would within this Union according to their respective numbers."

"The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative."

take thirty thousand as a common divisor, and apportion to each State its number of representatives by dividing its whole number of federal population by this common divisor; and, in every instance, compelling each State to lose In giving practical effect to this clause of the its own fraction, be it greater or less than that constitution, the great object to be obtained, of any other; and in no instance, could a repreis to do that which is just to each State. This can sentative, it is admitted by all, be given for a only be accomplished by considering each less number than the ratio or common divisor, State as a separate community, entitled to re- that being fixed at thirty thousand, except in presentatives on account of its own strength, the single case where the whole population of gaining nothing from the numbers in any other a State did not amount to that number. State, and losing nothing on account of any Now, it is entirely competent for Congress to hardship to which any other State may seem fix upon any other number as the ratio or con

[graphic]

stituency entitled to a representative. The only representative, it thereby impliedly prohibits restriction is that the number shall not be less the allowing one to any fraction in any other than thirty thousand; it may be as much greater case; for if, according to the understanding as Congress chooses. No matter, then, what which the convention had of their own work, greater number is selected as a ratio, it imme- any other fraction might be represented condiately as much becomes a common divisor for sistently with the provisions of the constitution, all the States, as thirty thousand is when that this special limitation of the possible effects of Moreover, can it be said that a rule of appornumber is selected, and when applied to the apportionment would have been useless. States respectively, each is as much bound to lose its own fraction, be it great or small, as it tionment is constitutional, which, in any apporwould be when the thirty thousand was select- tionment before the last, as conceded by the ed; and any representative for a less number principles of the amendment itself, might have than the ratio or common divisor is as much a operated unconstitutionally This objection violation of the constitution in the one case as it may be urged against the rule proposed by the is in the other. If the ratio or common divisor Senate; for, at the rate of 33,000, which was selected, was thirty thousand, it is admitted the ratio of the two first apportionments, every that it would be unconstitutional to assign a re- State having a less population than 150,000, presentative to fractions. Now, it is clear to might have had more than one representative the committee, that a change of the ratio or for every thirty thousand; and at the ratio of common divisor cannot change a constitutional 35,000, which was that of the third apportionment, every State having less than 90,000, principle. In fixing the sense, and construction of this might, in like manner, have had more than one section of the constitution, it is necessary fur. representative for every 30,000. And the same. ther to remark, that representatives are quanti- objection applies to any ratio less than 40,000. ties incapable of indefinite division, but are in- At any ratio, therefore, under 40,000, the rule tegral numbers, each of which is incapable of assumed by the Senate's amendment might opedivision; and that the population of the respec-rate unconstitutionally; and, at the first apportive States are also integral numbers, ascertained tionment, this rule of the Senate, of representby the census, and incapable of being fixed by ing major fractions, would have produced the Congress. At the adoption of the constitution, unconstitutional effect of apportioning to each the population of each State exceeded thirty of the States of Vermont and Delaware, a rethousand, and there was not the least probability presentative for less than thirty thousand. that, at any future period, any State in the Since, then, the rule of apportionment must be Union would have a population less than thirty thousand. As the constitution fixed the minimum ratio, or constituency, for a representative, and in the most direct terms, made it applica ble not to the aggregate population of all the States, but to the population of the several States respectively, the just, natural, and irresistible To illustrate and enforce the correctness of conclusion is, that the convention who framed the constitution, intended that Congress should apportion representatives among the States, by the conclusion to which they have come, the fixing a ratio of representation, not of the po- committee beg leave further to add, that frac pulation of the United States as a whole, but tions or remainders of population in the respee applicable, and to be applied, to the federal tive States, less than the common divisor or ra1st. Because it is not representatives only, population of the several States respectively. tio assumed, cannot be representedAs the convention must have foreseen that Congress might, and propably would, at the early but direct taxes also, which are required by the apportionments, adopt the minimum ratio fixed constitution to be apportioned; and, in the ap by the constitution; and as, in that event, no portionment of such taxes, no State has ever fraction of population could be represented, borne, or would agree to bear, a greater share the just inference is, that it was intended that of these burthens than that indicated by the acany such fraction never should be regarded in tual number of its people, and not by the ac any such apportionment; and so clear and irre-tual number of its members in the House of Re sistible, in the minds of the convention, was presentatives. For example, the population of this conclusion from the words employed, that, the State of Delaware is about a one hundred to a void a mere possible, not a probable result, and sixtieth part of the whole population of the it was added that each State," though its po United States. If the scheme of the amend pulation might be less than the ratio fixed on, ment of giving a representative to fractions "shall have at least one representative." As it should obtain, she would then have two men was entirely improbable that any State would bers out of a House of two hundred and fiftyever have a population less than thirty thousand, one, or about a one hundred and twenty-fifth the provision of one representative for each part of the whole number of representatives. State, could have reference only to a ratio to be fixed in future time higher than the population of some State; and as, in that case, the consti tution provides that each State shall have one

universal and equally applicable to the popula tion of every State; and that adopted by the Senate's amendment might in the given, and would in the specified case, have resulted in an apportionment clearly unconstitutional, the committee are of opinion that the rule itself partakes of the unconstitutional character of its effects.

She would not pay a one hundred and twenty fifth part, but only a one hundred and sixtieth part of the taxes. Now, is there any justice in giving to her such a large share of representa

« ForrigeFortsett »