Part 35

To the Senate of the United States:

I transmit herewith to the Senate the translation of a letter addressed by the minister of France at Washington to the Secretary of State of the United States and a copy of the answer given thereto by my direction, and invite to the subject of the minister's letter all the consideration due to its importance and to a proposition originating in a desire to promote mutual convenience and emanating from a Government with which it is both our interest and our desire to maintain the most amicable relations.

JOHN TYLER.

WASHINGTON, June 24, 1842.

To the Senate of the United States:

In compliance with the resolution of the Senate of the 16th of February last, I herewith transmit a letter from the Secretary of State and the papers in that Department called for by the resolution aforesaid.

JOHN TYLER.

WASHINGTON, June 25, 1842.

To the House of Representatives:

I have this day approved and signed an act, which originated in the House of Representatives, entitled "An act for an apportionment of Representatives among the several States according to the Sixth Census," and have caused the same to be deposited in the office of the Secretary of State, accompanied by an exposition of my reasons for giving to it my sanction.

JOHN TYLER.

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.

JOHN TYLER.

WASHINGTON, July 1, 1842.

To the Senate of the United States:

In pursuance of the suggestions contained in the accompanying letter from the Secretary of the Navy and of my own convictions of their propriety, I transmit to the Senate the report made by Lieutenant Wilkes, commander of the exploring expedition, relative to the Oregon Territory. Having due regard to the negotiations now pending between this Government and the Government of Great Britain through its special envoy, I have thought it proper to communicate the report confidentially to the Senate.

JOHN TYLER.

WASHINGTON, July 2, 1842.

To the Senate and House of Representatives of the United States:

I submit to Congress the printed copy of certain resolutions of the legislature of the State of Louisiana, accompanied by a letter from the Senators and Representatives from that State, and also a letter from the Solicitor of the Treasury and Commissioner of the General Land Office, requesting and recommending that a suit in ejectment may be authorized and directed in order to test the validity of a grant made on the 20th of June, 1797, by the Baron de Carondelet, Governor-General of Louisiana, to the Marquis de Maison Rouge.

The magnitude of this claim renders it highly desirable that a speedy termination should be put to all contest concerning it, and I therefore recommend that Congress shall authorize such proceedings as may be best calculated to bring it to a close.