Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-12

oil our nature winch often prevents us from regard
ing as facts, what are not shewn to TO be such,
and obges us to assert the truth of what is sats-
factorily proven, although the fact established
may be false Hence, think it fair to say, that u
vacancy not known to exist, does Rot exist for any
OF The purposes of the constitutions and when known,
II does exist, and moi until then be that when II
may. Ii any Senator should die, during the session
OF the Legislature of the State he represented but
tho fact OF his death could not be communicated 10
that Legislature while ii continued IN session, take
IL lot granted, that the Executive OF the State might
supply This vacancy by tempory appointment. l
say this II he spirit of the Constitution, whose oh
Vious purpose II is keep the seats IN this House
always filled by the Legislatures of the State here
represented, where they have opportunity to hii
men, but by temporary appointments from the Exc
CURVE OF these States, in all where the Legs
iai lures have had no such opportunity And the pa:
aiel Is perfect, think, between thu power OF the
Executive of State in one case, and that CT the
President in the other
nlr. President, hive presented to the Senate
my views OF the constitution. far as ii applies to the
matter before u.s. If am right in these views, all
must agree with me, that the power exercised by the
PRESIDENT upon this occasion, without warrant,
ana therefore unlawful that IT manifest viola
ton OF the rights of the Senate and IF the
zone with that view, is fragrant usurpation of their
constitt tona powers feel very confident, that
one here will controvev single position have stat
Cd have advanced nothing new. but have merely
repeated the arguments hch urged here in 1926,
during the discussion of the memorable Panama sub
ject when this identical question arose, and fully
examined Upon that occasion, was met by Senator's
OF great ability who instead of controy ertin this con.
struction of the constitution, sought avoid it, by
| lying upon what they called the precedents. The
same course may possibly be pursued again 1t is
proper therefore, that should present some sugges
tions to the Senate upon this subject also.
Sir, from the first moment was capable of forming
an opinion for myself upon any political question, un-
I'll this hour, have always raised my voice against
that sort of argument, which, in government found
~ ,Car
ity tor the governors from their own practices This
argument (f indeed it deserves such name) is not
fsiri for while it claims the benefit of all affirmative
cases, 1t allows no weight those which are mega.
tive merely. The omission to exert any power for
century, although opportunities fit and proper for its
exercise may have hourly occurred during all that
une, weighs not the dust in the balance
against Its actual e1ertion in single instance. The
argument is dangerous too, in the extreme The
smallest ssure unintenionally male in the Consttu-
ton, during the darkest hour of trowsy midnight
session. TO let IN some pgny case, too ms gnicant
attract or to merit attention, by the force of this argu
ment, is soon widened and made q horribly yawning
crevasse, through which food must day rush in
to deuge our fair land. Deeds done in moments of
high party excitement or during the hour OF danger
TO the State, whe the safety of the People is the
Preme law, by the force of this argument become the
parents OF similar acts, in other and different times. 1t
was thus the Dictatorship made perpetual in
home; and the same cannot fail, in time, to
produce some such caianitous event here. 1t shall
never have any force with me- Thus far and no far
Their, am willing allow any weight 10 the argument
founded upon presidents merely. When any of the
provisions of the Constitution are of doubtful import
and questions arising under such provisions Rave been
fully and openly examined, that the People have
had fair opportunity to understand their bearing and
influence, the decision of all such questions, if after
wards acqnesced it, generally shall be disposed to
respect not, however, comforting power, but as
Simply declaraory IF the construction of an am
biguous part of the Constitution, under which Const-
tuition alone power can ever be properly claimed.
ITn BE Continued