Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-12

oil our nature which often prevents us from rcrarl-
ing "a facts, what are not shewn to us TO be such
and "blsrs MS to assert the truth of what in sats-
iac'ori'y proven, although the fact so established
may be false Hence I think IL fair Ia say. tLot
vacancy not known tn eS:st, turs exist for any
of'hc purposes of tho cous. i,niior and when krovn
II does exist, and NOT un', ;hsr, be that whom IT
may II any Senator should die. dur,n,. the session
at the Legislature of the State he represented but
the Tact OF his death could not be communicated 10
that Legislature while il continued in ssion. take
1t for gtan'cd that tho Executive of the State mgh,
supply this vacancy by a tempory appointment. I
say 'his ~ the spirit OF tho Constitution. whose ob
vous purpose 1t is. to keep the in this House
al" avs filled, by the lie ;sa.urrs of thu = here
repre- scnci, where they have an opportunity 10 I'll
them, bn, by temporary appointments from the Exc
c"'iv" al these States, in nil here tho Lcgis.
ianrcs have had no such opportunity And the par
alicl IL perfect, think between the mower of The
Executive OF n State in one case. and that Of the
! Pre- idrnt in tho othcr
Mr.. President, have now presented to the Senate
my views of the constitution, Ear Us il applies the
matter before us. II right in these views all
must with that the power exercised by the
President upon this occasion. was without warrant.
ana therefore unlawful; that il NANTES, viola.
ton at the rights of the Senate and f the act
done with that view, is sgrass usurpaton of their
consi't tiona powers I feel very confident, that
one mere will controvcrt single position have stat
co. have advanced nothing new, but have merely
repeated the arguments which I urged here in 1926,
during the discussion of the memorable Panama sub
lect, when this identical question arose. aud fully
OCCASION senators
oil great ability, who, instead Of conroverng this
struction of the constitutions. sough avoid IT, by re-
lying npon what they called the preceden,s. The
same Course may possibly lie pursued again II is
proper, therefore, that should present sugges
tons to the Senate. upon this subject also.
Sir, from the first moment was capable of forming
an opinion for myself upon any political question,
III this hour, have always raised voice sgainst
that sort OF argument. which, in government found.
ed upon written Constitution. seeks infer auth.
''y for the govcrrors from their own practices This
arcnmcn If indeed it deserves s',ch name is not
lair for, while il claims tho benefit of I'll affirmative
cases, 1T allows no weight to those which n~sa
tive merely. The omission tn exert any power Ter
century although opportunities 1T and proper for its
exercise may have hourly occurred during all ,ha,
time, weighs not even the dust in the balance
against its actual excrton in single instance. The
argument is DANCE rous too, in the cZtrSme. The
smallest assure ionally made in the Consitu
tom during the darkest hour of some drnwy D'dnigh,
session, 10 let III some pigmy too ms gnc to
attract or 10 merit attention, by the force of this arGu
mcnt, IS soon widened and made 4 hur!i y yawnng
crevassc, through which ioGd must day rus. in
to dcugr oar fair land. Deeds done in moments of
high party excitement during the hour ct danger
10 tive state, whc The safety of the People is the
preT.e law, By the force of this argument become the
parcs n! similar sc's. in other and different times II
,uus the Dicta' orshp made perpetual in
Rome; and the carpo; fail, in tome, To
produce some such GAIA nitoT5 event here. II shs
never have ary forcc with Thus far and no far
ihcr, am willing allow any weight TO the argument
founded upon prcccdcnts merely. When any Of the
provisions Of the Constitution of doubtful import,
and questions arising under such provisions have been
fully and openly examined, that the People have
had fair opportunity to uniarsa al their bearing and
influence the decision OF all such questions if after
wards acqu-soed in, generally shall be Disposed tC
respect; not, however, as comforting power, but IS
simply declarI,0ry OF the construction of am
kisunus part OF the Constitution, under which Consti-
tuition alone power can ever be properly claimed.
IT0 Il: CONTINUED