A Compilation of the Messages and Papers of the Presidents - Volume 4, part 2: John Tyler by Unknown
page 268 of 684 (39%)
page 268 of 684 (39%)
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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. |
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