Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-04-02


Sir, said Mr. Hayne, ola priest, who. walkin.
to church IN his robes of Office, received an
insult; ne threw off his gown, enchanting
Lie there, divinity, until I punish that
rascal 3 and having, in his private capacity
innicted the c1astisement, he resumed the
character OF clergyman, and proceeded 10
preach up charity and forgiveness of injuries
love to God, and good will towards man" II
there be, said Mr.. Hayne. any sound distinc-
'ion, any safe rule by which the private and
public acts OF an individual can be ascertained
u must be this-that matters, altogether of a
private nature belong To the one, while matters
OF pubic nature belong To the other. Bring
Congressional caucus to this test. The
cno'ce ola President isa public matter II is
business provided for by the constitution :
the manner iu which il is to he done is pre-
scrbed the. Members Of Congress are pro-
hibited from being Electors, and the Senators
can, in no possible event, have any thing to do
with 1t. 1t caonot be possible, therefore. for
members of Congress, as such, 10 NEEDLE
WIN 1t. Not being private maitfr. il they
ACT on u at all collectively, as a body, and by
virtue oi their office, il canno' BE said that
they act IN their private capacities will pro-
coed SAID MIR. H. to give one or two illu.tra-
tions Of this subject, which think will remove
any doubts which may still rest upon it, Sup
pose the President and Heads of Departments
were to meet together in their private capaci-
Ties, were to nominate their Successors, and
were To proclaim such nomination TO the
American people. The country would ring
with dennnciations of the act, the charges of
nsuipatlon, tyranny, and corruption, would
rise up IN every corner of the land. and thev
would meet The use vengeance Of an injured
people Aud yet, have not the President and
heads OF departments as much right to act
and 10 speak, in their private capacities as any
o'her members OF the government They are
no more prohibited from nominating PrGsi-
dent than are the Members of Congress; and
more danger is to he apprehended from the
influence ofthe latter than the former. Sun
pose the Judges of the Supreme Court were
10 step from the bench, put off their robes,
ana, after public notice, were to proceed in
'heir private capacities, TO nominate a Presi-
dent, and publish that nomination to the
world How would such proceeding he rel
lshed And yet. the Executive and Judiciary
nave certainly an equal right with the Legi.la-
lure to proceed 10 such nomination, in their
private capacities Again: Suppose the Co.
'prn"rs oil the several states were to consult
ana vote on the subject, and announce the
result to the world, in order 10 produce union
among the people. What would we think Of
such proceeding =? But will put. said Mr.. II.
stlii stronger case--one perfectly analogous
10 that under consideration. Suppose Jury
appoinffd to- try a cause civil or criminal. The
law prcscrhts the place, the time, the mode
and manner, in which the question is To- he
officially investigated, and decided but these
jurors think proper to meet together, previous
:" tf,e trial, IN their private capacities To in
vestigate the merits az the case; ihey rome
TO a decision, and publish lhe result Womld
II he any exctrsr r-s.,.si, a ,,r,,eeafiop IN al
lhRO AZ AL Al
their private capacities? And with what co..
Tor OF reason could such an excuse he made. if
" were shown that they were summoned TO
me meeting as Jurors go nOmine, that none
other were admitted, that they appointed
foreman, passed through all the forms Of
iriaI, and. IN the name and character of jurors
proclaimed the result Now, said Mr.. Havne
there IS more striking analogy between thai
case and the proceeding now under considera-
Ton, than gentlemen will be- disposed To admit.
The House of Representatives may, in one
event, he called upon to- choose the President
The constitution has prescribed the time and
place, and all the fsrmalites of that proceed
ing but, before The occasion occurs, the
members of that House meet together i'm tb.;r
private capacities, and examine the claims of
the candidates, and, without the light which
iariher time and more deliberate eXaminn-
tion might afford, 10 make choice, and pub
ish the result. ii is true, that the proceed
ing, ~ both eases, is without legal authoritv
and is not binding, but il is calculated TO pro.
dnee dangerous influence, and is, therefore
wholly indefcnsible. To illustrate the truth
that Legislators Cannot, consistently with The
spirit ot the constitution, act in their private
Capacities on matters which may come be-
lore Them officially, II may be asked, whether
Il wsuld he justifable for a majority of this
a arf1 In, T.
ly, 10 their private capacities, and determine
by a majority, what measures they should. as
body, support or oppose ? By such an ar
rangement, all the guards by which pure and
enlightened legislation is secured would be
destroyed, and a small! minority might sway
the Senate Congressional caucus is open
to the same objection confess, sir, said Mr..
H., have serious fears that, should the eau
Gus system be firmly established in this
country, II will eventually lead To the total
destruction of the rights Of the small states,
ana mat the clause ~ the constitution, which
secures their just weight in the choice of
President, viii be virtually repealed. Once
recognize the distinction between a mans
pubic and private capacity, la relation To pub
lie matters, and what is 10 restrain few of
The large states from appointing delegates, or
nstructng their Members Of Congress, TO
meet IN caucus, and determine, by a majority
of votes, how these states shall act, and whom
they shall support shall add nothing
further, said Mr.. H. in answer to the hOnOra-
BILE gentleman, on this point.
The next argument urged, is, that Con-
gressioBal Caucus Is free from objection be-
cause IL does not profess IN elect, but only 10
nominate President. Now, I would ask
whether the design Of this nomination is not
TO procure The election Of some individual who
would not he elected without il II such be