Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-05-19

solemn oath for their observance
tllaving IN the observations, accompanying this
PLANTATION, brought into view generally the peculiar cha
acter and structure of the constitution of the United
States, aud the Inducements to its formation and adop
ton, II Will be the less necessary for this time
to recapiiulate those points; it viii he sufficient now
to observe, that ;hc constitution Of the United States
is strictly sui geners that IFS pecuarcs grew ont
of the peculiar geographical and political situation at
the time OF ITS formation; that If founded upon
classification of powers being gwen 10 it, and all local
powers being reserved TO the states respectively and
that branch of the legislative power as well as the
President and Vice President of the United States is
elected through intermediate agences--a refinement
upon tie principle OF representation unknown Great
Britain or IN any other part of the world known 10
The great objects inducing the formation of this
suon, wee tie protection ofthe rights, and the pro
motion IF the interests and happiness of He people Of The
United States IN h.eir iydiridtiuL capacities.
Upon the mcs careful review of the constitution
will be found that there is but clause which points
out the immediate relations between the State Icgisa-
lures, and the Senators individually, of the u States
II is in the following words: The Senate of the L.
States shall be composed Of two Senators from each
state chosen by The legislature thereof for six years; and
each Senator shall hare one roc.' From this rirht TO
choose, the General Assembly Inferred 1st 6y conse
qtence right to instruct I'd, and from right in
sruct by consequence right 10 commando Sd and from
right to command, by consequence Loundca duty on
the Senator to obey such command. II will be re;dily
observed, that all these consequential rights. de-
pending each other, sanctioned by any written
positive regulations, nor resulting from any single OBJ
Nlos result OF reason or argument but supported by
various intricate processes of ratiocination.
eli this long and delicate chain of reasoning one
link be broken defective, the whole machinery sus.
pended thereby will necessarily fall to the ground. II
IS then denied, that right to instruct is consequence
on right TO choose Every consequence resulting
from any given cause must necessarily be uniform and
universal; because, the same cause ALWAYS produces
the same elect II consequence be imputed 10 any
gwen cause, and upon experiment. not uniformly and
crsaly TO result from it. it must be concluded that
there is some mistake in such nputation; otherwise the
absurd conclusion would follow, that the same cause
would become whimsical in its operations and produce
dlherent and accidental effects. That the right TO
instruct is not uniform and universal consequence
OF the right TO choose be tested bv innuncrable
examples 1t Is admitted by the General Assembly i'll
the case of the electors of the President of the
States &c; the right choose in that case is admitted
not TO confer by consequence the right instruct The
senators OF Maryland are chosen by electors; but
never was pretended IN that case, that the right to
cooSe involved by consequence the right 10 instruct
The organization and powers of the General Assem>
oly afford still more illustrative and striking EXAMPLES
ohuer the constitution of the state the General As
sernoly is invested with the power of CHOOSING the
Governor or chief executive magistrate of the state
LAS Ii ever been conceived or contelcd that this right
10 choose involved BIZ consequence the right 10 instruct
him in the discharge of his executive functions,
The General Assembly is also invested with the
power to choose the Judges of all the superior court
OF the state Has ever been conceived or coutended
That tins right to choose Gy consequence involved the
right to instruct the Judges in the discharge of their
judicial functions?
1.-The G. \. is likewise invested with the power of
choosing all the general officers oE the militia Has il
ever been conceived or conended that the right TO
choose by consequence involved the right to instruct
them IN all the functions of the art military Sc &C.
&C.?
'lf these consequences to be asserted and
acted upon, then would the General Assembly not only
be the Legislature of the stale of Virginia but would
become lis legislature executive Judiciary and mill
ary, &c To all who place the safety of civil and po-
'tcai liberty in the principle of separation and indie.
Penuence OF departments not only in their respective
organizations but in the discharge of their respective
functions, this would prove alarming result; and
would probably produce positive denial of the con
sequences 1t should here be recollccted that in the
constitution OF Virginia this principle is almost exclu.
sIyey relied upon for these great objects. Here per-
mt me again TO solicit the earnest attention of the
General Assembly 10 other provisions of the con
stitution of the United States. 1t will be observed
that the Senate is invested not only with recprocai
legislative powers with the House of REPRESENTATIVES
except III the single instance of being excluded from
originating revenue bills, but also invested with the
highest Judiciary and executive functions /, the con
stltution these words: The Senate shall have tbe
sole power TO try all iInpeaChments: when sitting for
that purpose they shall be on oath or afrmation-Iyben
the President OF the United States is tried the chief
justice shall preside &C. If then the right To- instruct
is consequence of the right to choose and rigbt IN
command consequence OF the right to instruct and
'he oohgation TO obey consequence of the right TO
command; then would the state legislatures POSSESSING
the right TO Choose possess also the right y
to command the Senators how TO vote in the tr;, nf
the President of the United States, in case of i'm
Peachnent and the Senators would be under an ob
9a''oh Oy consequence to obey, Notwithstanding they
were acting under the solemn injunction of an oath or
aihrnatIon II this extravaganza prctension should be
uisclaned, then is IFS denial proof positive that this
tissue OF consequences does not result from the mere
right to choose. The constitution of the u States
also contains the following words: lie ITO wit the Pre-
Sldent shall have power BY and with the consent of
The Senate, TO make Teaes provided two thirds of the
senators present, concur: and he shall nominate and
OJ ana with the advice and consent of the Senate
shall appoint ambassadors, other public ministers and
cosuS Judges OF the supreme court and all other of
hcers OF the United States, whose appointments are
not herein otherwise provided for, and which shall he
established by law BY these words, tie Senate is
invested with high executive powers and the Senators
are made the constitutional advisers of The President in
tito discharge Of his highest executive factIons Cbe
naIure aud character of these high duties essentially
require That they should be discharged in concIave brt
II Inc mere right TO choose involves the CONSEQUENT
right 20 command, the right to command would mncu
more certainly involve the consequent right TO all
means necessary to enable the state legislatures to e
eTClSe their right to