The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-06-23

Up,e, the repNonCahS Wou'u Uavc OOTuc OIL
the palm, What course then did the fedc-
raIists of the II. Of d. pursues They refa-
sed to go into joint vote, although they
| sue,'e aware of the present cxtraofdindry
session Of Congress. Their firefence was.
that as tiys election Of both Houses of Assem-.
bly, were TO take place in October next, it
was but fair to consult the people themselves
ON this OCCASION There was some force in
this remark--but their calculation was, that
the people themselves would be soconlplete-
ly frightened by their mischicvous ,clamors
against the embargo, as to return a, majority
|of their own party, to both branches Of the
|legisiature--if which case, they were de-
termined to exclude Cen Smith, the worthy
hero Of Mud-Foit, from the Senate Of the u.
.. and to place some man in that body,
whose views and principles were rdther more
congenal with their own.
The constitution OF the ". S. requires,
that if vacancies happen ty resignation os
otherwise, during the recess Of the Legis!a-
ture of any State, the Executive thereof
may make temporary appointments until the
next meeting of the Legislature i which
SHALL ften fill such vacancies" Agreea-
bly, to this provision, the Executive Of Ma
ryiand appointed Gen. Smith; this appoint
ment, tits plain, was only n 'ttempprary"
one. T" l;ntR the next meeting Of the Legis-
lature"
In the mean time. Mr.. Wright resigns the
Office of Governor Of the State--the Lrgis-
idfure Is convened to make new election
to that soiiice. Prom this time, the APP
pointment of Mr.. Smith is at an end--the
words ct the constitution of the u. States
become imEerdfiue upon the Legislature
! they "shaH then fill such vacancies"
| The federal House of Delegates, howe yer,
contrive. to escape from the dilemma, II,
which they are placed. They agree to 60
into the election-but they embrace new
expedient for oustins the. obnoxious and for
rnidable Smith. Their proposition is, to e
iect Senator not by . joint uofe- i'm which
they would have been foiied but BY corr
current pote. In Pursuance of this idea,
they nominate q MIR. Howard to the vacant
post, and request the concurrenee Of the sc.
nate. On their part, the senate insist upon a
'ofnf appointment--and' as neither branch
recedcs from their position, an adjournment
takes place-neither Smith nor Howard is
aPpointed-and Maryland is thus deprived
OF half her influence in the Senate of the u.
States. -: 80 :, ~
AS to the point in contest. the constitution
is profoundly silent. 1t merely requires that
the state legislatures should make the ap-
ipointment, without pointing out tile par
ticular mode in which it is to be made. The
lSohotttutiOh VI IldUu ndu OSSn IramSQ
before that Of the u. States there is OF
course no provision in it, as to the mode in
which the state legislature is to exercise this
power. 1t however requires, that all the
state appointments which are made in fur.
therance Of its provisions, should take place
by joint & not concurrent vote ,----as those
which are made by the Legislature of Virginia,
are made by JOINT vote Of both houses
Nor is there any iazu in Maryland, nor
any standing resolution to supply this casus
omfSsus in the constitution reso!uti
ons which haze been heretofore adopted
being merely temporary and framed for a
particular occasion only. But in all the APP
pointments OF a senator, which have been ac-
tuauy made, the resolution has uniformly
been for joint vote-and every election
has accordingly taken place in this manner.
Nay, on one occasion, when the House Of
Delegates was republican, and the senate of
the opposite description, the former never
tlreamt pursuing = different rule, although
a senator zvas elected from the federal party
$50, that in the present instance, the fe-
deralists of the house of delegates have not
only violated all the precedents which have
been set them by state appointments, but all
those which have been heretofore set on this
very subject. ~:
Is this course too more agreeable to
the sound hrincifics of the reftubHc Is
1T not the basis of such constitutions, that
the will of the R,ajority should govern, In
the enactment of laws, indeed, it is within
the power of both branches of the Legisla-
ture to check each other--but this arrange
ment has been made from persuasion, that
it would check the spirit of party, and the
violence of the passions. and procure that
due elaboration and revision, which are SO
essential to great Legislative measures. But
these reasons. are not equally applicable to
the appointments of ofIice--itis plain that
in such cases, the sceptre may be safely
cohfided to the majority of both branches.
he plan OF concurrent. appointment evil
IDENTITY places the small body of the Senate on
the same footing of power, with the hume
rous and popular branch of the House of
Delegates. 1t enables eight members of
the Senate of Maryland "te defeat or con-
trout the united voices of eighty members of
the h. OF ID. the immediate representatives
OF the state at large, and during term Of
Hpe years, toprevent the election Of Sena-
tor OF the U. States, in opposition to the unit
ed voice of the people Of Maryland" There
Is besides no state, in which this conclusion
is more obnoxious to the spirit of a repubIi-
Can constitution, for there is none in which
the structure OF the Senate makes it less res
ponsibe to the people. The members of the
Senate of Maryland are appointed for pc
Rod Of not less than. fUe years, within which
period all the vacancies in that Eody are
supplied by themselves.
| Such are the absurdities, to which the fc-
deralists of the II. of ID. of Maryland were
compelled to push their principles!
A = D..