[Transmitted to the House of Representatives by the Secretary of State
in compliance with a resolution of that body.]
WASHINGTON, _June 25,1842_.
A BILL entitled "An act for an apportionment of Representatives among
the several States according to the Sixth Census," approved June 25, 1842.
In approving this bill I feel it due to myself to say, as well that my
motives for signing it may be rightly understood as that my opinions may
not be liable to be misconstrued or quoted hereafter erroneously as a
precedent, that I have not proceeded so much upon a _clear and decided
opinion of my own_ respecting the constitutionality or policy of the
entire act as from respect to the declared will of the two Houses of
Congress.
In yielding _my doubts_ to the matured opinion of Congress I have
followed the advice of the first Secretary of State to the first
President of the United States and the example set by that illustrious
citizen upon a memorable occasion.
When I was a member of either House of Congress I acted under the
conviction that _to doubt_ as to the constitutionality of a law was
sufficient to induce me to give my vote against it; but I have not been
able to bring myself to believe that _a doubtful opinion_ of the Chief
Magistrate ought to outweigh the solemnly pronounced opinion of the
representatives of the people and of the States.
One of the prominent features of the bill is that which purports
to be mandatory on the States to form districts for the choice of
Representatives to Congress, in single districts. That Congress itself
has power by law to alter State regulations respecting the manner of
holding elections for Representatives is clear, but its power to command
the States to make new regulations or alter their existing regulations
is the question upon which I have felt deep and strong doubts. I have
yielded those doubts, however, to the opinion of the Legislature, giving
effect to their enactment as far as depends on my approbation, and
leaving questions which may arise hereafter, if unhappily such should
arise, to be settled by full consideration of the several provisions of
the Constitution and the laws and the authority of each House to judge
of the elections, returns, and qualifications of its own members.
Similar considerations have operated with me in regard to the
representation of fractions above a moiety of the representative number,
and where such moiety exceeds 30,000--a question on which a diversity of
opinion has existed from the foundation of the Government. The provision
recommends itself from its nearer approximation to equality than would
be found in the application of a common and simple divisor to the
entire population of each State, and corrects in a great degree those
inequalities which are destined at the recurrence of each succeeding
census so greatly to augment.
In approving the bill I flatter myself that a disposition will be
perceived on my part to concede to the opinions of Congress in a matter
which may conduce to the good of the country and the stability of its
institutions, upon which my own opinion is not clear and decided.
But it seemed to me due to the respectability of opinion against the
constitutionality of the bill, as well as to the real difficulties
of the subject, which no one feels more sensibly than I do, that the
reasons which have determined me should be left on record.