Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-03-05


have elect fer FIVE years instead OF SIX required
by the Constitution. and there viii he arrangement
Produced IN the classification OF the Senate THIS point
he was very sure had not been examined with the gen
tcugus usual attention 10 business; for il seemed to
have icapcd HIM entirely that the Constitution
templates terms oil SIX years and when Senator ~ elect
cd IT is either for the term of six years from the 4h of
March, for the aRerBiyed tcrH from particular date
Cascs SAID he (Ar r. have very frequently happencd
involving the principle that he contendlng for
and objection of that sort he'd before been raised
unless he was very much mistaken. lie had heard OF
complaint icing made 10 the Senate in consequence of
the e' ction OF Senator too long before the beginning
OF term but never heard of where the right OF
a member TO scat contested, because he was
clveted gttor the commencement Of term. lie alluded
to the election of MIR Grundy of Tenncssec-and said,
the Legislature which sat last preceding the 9TH OF
March when his OF service expired, did not make
an election, and consequently the subsequent gsla-
turc had TO do lie onqurrd whether it rcasona-
bic to suppose that in these times of high party excite
mcnt, II MIR. Grundy had not been constituonay
elected lac would have cen permitted tain his sca2
Inc answer was ready at hand that there ought to
I've but one opinion.
Yes SIR, cases of this kind frequently occur; for only
few days ago. the Legislature OF Rhode Island adjourn
ed without making an election; and rely it, that
when is elected to represent that State there win
not be any arrangement thereby produced in the CLASH
hcaiop of the Scnntc.
Mr. Speaker, it has been said and gravcly s1id, too
that as we agreed to proceed in the election on par
tlcuiar day there thereby imposed us an obga
ton from which could not free ourselves without the
ad OF the other branch of the Legislature, it
joint agreement In that opinion, he did not concur
But, such not the character of the proposition that
was then under consideration, desired the
renee OF the other House lie would fail to do wha:
he thought right because had been predicted tina
the House Of Delegates would disagree. They may OF
may not agree but is part of business inquire
into that matter We the representatives in sepa-
rate bodies oftc people and they will expect each
man, whether Delegate Sc nat"r do his duty The
Senate may conscicnously think they ought do par
tcular thing, and the other House may be equally
sure it ought not to be done. If one body to be in.
tuenccd in its by the other, where was the ne
cessty OF creating Senate at a For his part he
viewed the powers Of the Senate to be these viz to
dProre, amend, or TO reject the of the House
What nee shall do, Mr.. Speaker if the other House
insist on the execution of the joint order was not in
his power to tell but with his understanding of the
constitution, there would not be insuperablc obiec.
non 10 inc posponement without the appreciation of the
House of Delegates You know that every wear we
have JOINT committees to examine the Penitcnary In
shtution, Trcasurer's Accounts, &C. and they some
times adopt resolutions for the introduction of Bills for GER
tain purposes-which resolutions have the concurrence
OF e Legislature but have never thou0ht ourselves
bound to vote for the Bill, because voted for the
Resolution out of which it grew. Both bodies may
THINK IN the beginning of session. that thing ought to
be done, and bill may be introduced that effect but
II either find, further reflection that bad CONSEQUENT
ces viii attend the measure they will fail to do their dr.
~ 1t they do not reject it. 1t would not do for them to
tell their constituents that they the mischief but
having commenced the thing, they were bound TO go
through witht fit would be right, said Mr. Rives to
reject BILL under such circumstances, which perhaps
might be repealed at the session. would there not
be on MS, an obligation of much higher ORDER to reject
measure that was irrepeaaGie for sr gears?
lie said both Houses might agree that u certain day
would be suitable for going into election, and when
that day arrived either would have constitutional right
to rctracc its steps, by posponement of the subject or
by an adjournment of the House.
49, they may even go step further, and then back out
mere may have been communication from each
House, OF their readiness TO execute the Joint order and
they may have commenced the election and notwithsand
ing the right to arrest 1t is not parted with till the cleo
ton is cOnSuIniRdtcd
Gentlemen say, If we do not make ain election during
the present session, it Will be adcpauTe from IN long
established usage OF the State, and miscellaneous consc
quences VIII grow out of it, He would agree that it
would be departure from usage, and his justfcu-
ton to aeod ''miSchierous consequences" The de-
parturc from usage, however had been introduced
by the Administration party 1T originated with the OPP
Position-nr they had deserted " usage" which he
was very one thought twelve months ago would
eyer be deserted in Virginia Heretofore the people ne
the oil OF oBeGe issf@ 10 Sl and
had not been put aside for deoOti0n u man there
not have been disposition part TO interrupt the
other usage Now said he. put it gentlemen TO say
If it is not of less importance eecta during
the present session. than is 10 have the peoples rights
regarded, and tteadGmoRtdi principle protected.
II. MI Rlycs did not agree, (as SOME had conendcd)
that the State had right TO withhold her representa-
ton from the Senate ofte S atogcther-nor did he
think she could delay the election beyond tho close
OF the next session of the Legislature for the Consu
ton OF the United States says, - and if vacancies
happen by resignation otherwise, during the re-
cess of the Legislature of any State the Executive
thereof may make Temporary appointments, until the
meeting OF the Legislature, which SbaL then fill such
vacancies. Now, SIR, as all have to swear before
we commence on our representative duties that we will
support the Constitution of the u s., would have to
peLure ourselves, 20 into the election
The appointment, rather the election of Senators
then, can be gotten in three ways Wit by perrin
Ty, ny irdra'rH from The Union IN harng mo LeGis
tur6and meme Of these modes would he resort to- un-
til he thought ReroufoH preferable submission to the
laws of Congress. Blu; il did little remarkable
that member should contend that we are bound TO 20
into the election and in the speech insist that
the States had right to dcfaat the General Govern.
ment, by Withholding from the Senate Of the United
States their representation. lie did wish grant
power to the State Executive, any other Executive
which 1T did not possess under the Constitution; and
he was very sure, there danger in virginia
OF the Executives keeping representation in the
Senate Of the s. against the will of the State as a-
ponments extend only untl the next meeting of the
Legislature which invariably takes place. with the be-
ginning of each annual session of ConprCss
Bnt, Mr. Speaker, (sad he) have been told by the
gentleman from Aibemafe (AIr Cocke) that if we do
not into the election Of Senator at the present Ses-
sion, shall have but one Senator between the 4tb of
March and the meeting of the next Legislature For
said he (Alr Cocke) the Governor is Of opinion that
vacGhcy will not have happened, if failed to elect
and ne VIII not be authorized By the Constitution an
point This objection has been fully met and refutcd
by the gentlemen from Buckngh am and Hanover that
beg leave to adopt their views, and TO the same
lusion-IhGt tc0ud be boGer Or Prginia tOhare
Senator, Than 3rhO r0ud CeJain Hsrcprcseuf her.
In these strange times said MIR Rycs) we ought not
10 be surprised to hear of this constitutional restraint Oh
Executive authority coming, it has from the rem
cman from Albemlre, and eNdOrScd il is by our Co
vernon Sir heard Of strange thing several years ago
not very far from Norfolk. gentleman Of great dis
unction in this Commonwealth, once saw Lake Drum
mond and although the wind blowing with consl-
dcrabie violence, the water Northumberland lc0rc
even ripple TO be He related the disco
very to gentlemen in the Mountains as one of the
curiosIties OF lower Virginia. and they had their