Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-22

~ IeuSial, seem tO nave Oeen erected on ina pflnclple.
But gentlemen say, the decision Of the States would not
vary from the opinion OF Congress on any law, as each
State has equal representation IN the Senate. From this l
dissent: for, although ii may be generally true, il some
times happens not 10 be true. Unconstitutional laws do
not more frequently occur, than that States are not pro-
perry aud truly represented by their agents. Sir, IL ire
quenty happens that the people OF the States are misre-
presented in both branches Of Congress; and this arises,
geuerdlly, not iron, a disposition designedly to misrepre-
sent, but from the fact OF the representatives not Knowing
the wishes OF their constituents. Members are elected
tor general purposes OF legislation, and without an eye TO
a particular subject; in fact, without knowing their opin-
loOs on many subjects, the people make them their agents,
with powers to be restrained only by The Constitution.
Although | have said the misrepresentation is generally
occasioned by an ignorance of the wishes of the constuu.
ent body, l must at the same time say, il sometimes hap.
pens that inducements are held out TO members that are
OF such a tempting character. as TO make them lose sight
oi the wishes and interests OF their constituents. Sir, the
patronage oil the President OF the United States is SO great,
and there are so many who are under the influence OF il,
the people " now and theu'' fail to have justice done them.
10 sustain myself IN this position, | must advert TO the
election of MIR. Adams in 1926, and in so doing, | hope it
Will not be thought that am disposed to revive a subject
OF any Kind, that would give pain to or irritate any man in
the community. No-So far from il, my desire, my most
earnest desire is, to appease angry and contending parties.
DO not then, let me beg of the Senate, think that | have
walked from its slumbers an old wrong done TO Andrew
Jackson, Tor the purpose of giving him support at this cri.
hcal moment. The election at that time, as you all know,
devolved ON the Heuse of Representatives: and here let
me enquire OF you, MI. Chairman, il the people OF Ken.
lucky, alter the exclusion OF MIR. Clay, had elected men
to give the vote oil that State, and for nothing else, would
they not have voted for General Jackson Instead OF MIR.
h""NF' % NlSy MOuu a zone SO, Il III very GER
tam; Tor, MIR. Adams was the most unpopular OF all the can
didates. The members of Congress, however, who had
the power OF giving the vote OF the State, either tciJGiiy
misrepresented their constituents, or were mistaken in the
wishes oil them. The people oil Ohio, il 1 am not mistaken,
experienced the same treatment from their representatives..
But the people OF Kentucky and Ohio were no, the only
complainng people. How was ii in Illinois ? There once
lived a man who could tell you. How was il i'm Missouri |?
MIR. Scott is very well informed on that subject, and he
knows noto, ii he did not at the time the vote was given,
that The voice OF his constituents did not sound in the Ca
pitol OF the United States in the election of the President.
But, SIR, l VIII give you a case of more recent date than
what has luSt been stated, and one too, that is applicable
to The other branch OF Congress. The gentleman who
was elected but a few weeks ago, Vice President of the
United State, was, during the last Session of Congress,
proposed by the President 10 the Senate OF the u. States,
as a proper person for a Minister to a Foreign Court.
The decision Of the Senate was, that he was not a pro-
per person, and consequently he had TO return from
England. la this case, the people of some of the States
were not represented, and perhaps, in others, misre-
presented. In Mississippi they were not represented-be-
cause Mr.. Ellis voted TOR, and Mr.. Poinde xter against
rattying the nomination. The same state of things ex-
listed i'll Alabama; MIR. King for, and MIR. Moore against
the appointment. Ii is very certain, then, that the people
OF two States, If no more, were not represented on that
occasion; and 1t Is equally certain that the officer presid
ing over the senate, miSreprcscntrd his constituents, the
people of the United States. Mr.. Chairman. if the will
ct the people had been expressed in the Senate, MIR. Van
bureh would have continued where he was sent, instead
ot being put in the Chair, then occupied by an enemy
who wished to disgrace him. Not only Mr. Van Buren,.
but the people of the United States, were badly treated
and they resolved, by the election OF him 10 the Vice Pre-
'idency, TO Shcw their sovereignty, and 10 tell their agents,
80 '6'"S wv w W NEUTRALITY-SUSPICIOUS., u YOU dDuSG the
power with which You are delegated, we will correct the
evils of the abuse.
| will now take a case nearer home. There is q
district in this commonwealth composed of FIVE counties,
and all OF the members of the House of Delegates from
that district, think one way on the subject of Secession,
aud the Senator representing the same people entertains
a different opinion. Sir, that is my own situation. There
Is an honest difference of opinion between rs, AM. the con-
sequence is, that in one or the other House, the people
are not represented. But suppose we had been elected
and sent here to give Judgment on this, and no other sub
ject, and the people had been true TO themselves in the
selection OF their agents, disregarding personal ~predilec-
ions ana actlhg on principle, this state of things would
not have occurred. In fact, il would have rendered use
less one or the other branch OF the Legislature: all would
think alike, or act alike.
BY these facts | am brought TO the conclusion, that the
people OF the States may possibly "interpose, by a Con-
vention in each State, and 50 arrest The cvl'' that now dis
tracts the country. Some State that has heretofore, by her
members, advocated the protective policy, may, when the
people thereof are brought TO think on IL, and nothing else,
but the consequences that have arisen from the oppression
oil people III all countries; might say, II IL is not tncOnSti-
fufiOndi, its continuance wouldbeimpoliGc In this way,
justice TO the complaining might be done, and the best OF
all governments be preserved.
But, suppose the decision of these tgenty.fOur iudges.
or a majority OF them be the other way-that the law is
constitutional? How then? The complaining State must
submit 10 what she considers oppression, or trust to conse.
quences, the extent of which would be regulated by the
other parties TO the compact. In preference TO il, she might
propose, as a measure OF prudence, terms TO the other
States, on which she would 90 out of the Union, and, if
they thought their own happiness and safety would not be
endangered, and believed separation preferable TO subiu-
CATION by force, they could say TO her-"depart in peace"
ia i, ~ 'ht h'h lHc ltIllS Felecteu, ana she
disclaimed cOnneXion with the Union, it would be revolu-
ton, and all engaged in it would he subject TO punishment
as the nature OF the case required, or rather, the laws of
the land authorized.
Secession then, is peaceable or not so, at the pleasure
not OF the seeding State-but at the will of the parties 10
the compact. This is my opinion, and | think ii was MIR.
Madison's in 1889: fnot then, il was in 1880, as will be
seen by his letter TO Mr.. Everett, and is atthis time. From
a letter Of the 9th OF January, 1883, TO Mr.. Thomas Jefer.
son Randolph, Ga gentleman TO whom | am much indebt-
ed Tor the aid he has given me), | make the following ex-
tract: what is meant by "a peaceabie secession ! do
not distinctly understand. If il means an acuuiescence of
the other parties, that might be either a tacit consent, or a
iorbearance TO assert their right, without acknowledging
the right of the seeding party"
| have, Mr.. Chairman, frequently alluded TO the Report
OF 80, and have said, that j rely on it to support me in
the position have taken against Secession, although gem
tlemen on the other side of the question take the same do
cument to sustain themselves. In order then, to prevent
its being said, It is assertion without proof on nv part, |
will, If the Senate please, read the following parts of the
report. Here Mr.. Aylctt said il was late in the day, and
il MIR. Rives would give him the floor, he would move an
adjournment.l | thank my friend from King William for
his kindness, and am under obligations to the Senate for
the attention given me; aud as il is not my purpose to de-
tain them much longer, l hope TO be permitted to con.
clude to-day.
file was told 10 proceed Sir, 1 was about to give you
a part of the argument on this famous 3D. resolution. In
the report, is this language: "This resolution of the Cen
eral Assembly relates TO those great and extraordinary
cases, in which all the forms Of the Constitution NAV
prove Intellectual against attractions dangerous to the es-
sential rights OF the parties to it. The resolution suppo.
ses that dangerous powers, not delegated, may not only be
usurped and executed by the other departments, but that
the judicial department also, may exercise, or sanction
dangerous powers, beyond the grant of the Constitutions:
and, consequently, that the ultimate right Of the parties
to the Constitution to Judge whether the compact has been
dangerously violated, must extend 10 violations by one de-