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

I.OTs-
atufe The u 5. Senate, therefore, decided very cor
rscty, in determining aside this appointment
Inc next authority upon which my friend relies is that
oil his Excellency. | regret that the gentleman has
thought II his duty to introduce this authority He can
not intend TO forctsal either the opinion of the Senate
or ,he fubhc by IT. was indeed very much surprised
TO hear that The Governor should have expressed such
an opinion Ii must have been his political opinion il
was certainly not his cbciai l. for one will be willing
70 se9s H. hat II this election should be postponed and
II should become necessary for his Excccncy to ap-
point Senator during the recess that he will then (af
Ter examining the Constitution olciay) find the power
IN IL To make the appointment Sir will al least en-
dsavor to do my duty regardless of what others may do
me gentleman has said much about the oboaon which
e constitution imposes on the present General Assem-
by 10 make this election, and that if we pospone IT, il
VIII be IN violation of the spirit ut least of the Consttu
uon--i should be obliged to him if he would point to
me at clause IN The Constitution, which in the letter or
spirit requires either the State Legislature Executive
to sppom Senator before the vacancy has actually oc
cured ih!s, the gentleman cannot do Wherefore
ten tins gricvous complaint Of violation of the Com
siimtion, when neither its spirit nor letter reouir hi;
appointment 10 he made before the vacancy shall actual,
y occur The Governor will have the right to fill il after
snail happen during the recess and the next Lesa-
ture VIII have the right make n permanent apnoint-
ment on The first day of the session. which viii be
required of the Senator.
SIR, the gentleman from Albemarle has denounced
ue resolution IN your hand "novel, extraordinary
and dangerous procedure. 1t is true that if we do nat
ovh oeyonu our own STATE it may be considered some
what novel and extraordinary but TIE evil is intend
eu 10 remedy Is much so; and we all know that
rp-
qulre violent remedies IT, however we look 10 the his
oiy oil our sister States, will find that majority of
, perhaps, on different occasions, have adopted this
very novel and extraordinary procedure and that too
without any danger injury that have been able To
learn SIR 1t has been the practice of some one or other
OF the States of this Confederacv since the or;p &c ,h
government 1t is in the recollection doubtless of the
whole Senate, that this very measure has been odoned
wlthh the last few years by ke States of Tennessee
IShmsyVanla, Vermont, Rhode Island Connec tcut and
believe by Maryland: and that too without anv dan
ger OF INJURY SIR will the gentleman be so good as to
give us some proof OF the danger which may be ration
any aPprehended from Virginia, now doing that which
most oil her sister States have heretofore done and some
oil them repeatedly, without any injury? think chat
have already proved, that the Of
upon te right OF instructions by the election of Sena.
tor now against the expressed wishes of large moior
Oh tne people will be dangerous and pernicous
not only TO the best interests of the Commonvcnlt hi
to tree principles throughout the world
Again, sir, have heard the arguuent nsed rbo,r
not on inns ioor that if the Governor could not and
Tue Legislature should not fill the vacancy the next Le
gsatnre would not have tie right to fill it, and the State
would therefore be deprived of one of her Senators the
balance OF the term of six years The argument that
P OF e term OF six years n this from the 4th of
plaich 10 the LIST Monday in December next0 having
EXPIRED and the Governor having made no appoinimcnt
~ wouid not be temporary casual vacancy which
inc Legislature would be called on to 6I bu,
permanent one, and it being for n period lss, ,l,,n
SIX years, the Legislature could make no annontnnen,
at All as 1t rs not authorised to fill permanently in such
cases Tor less period than six years AS alloc;ons
ana soPhstical as this reasoning is it appears TO me
70 DC more specous and plausible than that by which
M Sonsttutionai objection of my friend from Albcmarle
supported Both however such refinement in
sophstry, that it is very difficult for me 10 de,eT
WIN what 1nGstor-spirit they originated The whole
mistake consists in confoundnp two words fine a,J
urm. me constitutional term of six years embraces
SIX regular Sessions, and many extra Sessions Of d.
senate as ne President may CALL after the Senator is an
Poihu he JOINT order Of the two branches of The ne -
Legislature, well the commission of tho Scnotor
would DE retrospectively we'll as prospectivelv ~
eAaPic' instead OF the Senator being elected for 81
years from te 4th OF March next, il would be for civ
years rom the 18th of March ast.-Sir do moi RELY
onc on my own opinions on this subject am sts-
eu oy me practice OF the Senate of the IT, S. and of
"y OF inc Stale Governments, to which have already
referred, as having different occasions failed orr NO
elected to elect Senator at the Session mmediotcI,
Pieeeung the expiration of the incumbents term of
service, ana Notwithstanding the Governor did not in
many oil these cases. fill the vacancy durino the roccs
the legislatures filled them the succeeding Sessions
eember Ie" o t f1a Term from & March to BE-
by ,S II g e' A years; and yet they were permitted
~ .ie 10 take their sSats and have never
to them being Questioned by a single
member or tie Senate Can be supposed that the IL
.. senate would have countcnonced submitted to- for
nearly half century, such fragrant violation of the
constitution as some gentlemen would have us TO be-
eVe lhs TO be: Sir, believing that if the election is
now held, Senator who is the choice of the neonle
ny large majority, will be chosen and that no injury
VIII ioliow postponement will checrfully give il nv
support mat large majority of the people will be
msrepresened, if the election is now held think that
have already demonstrated, is at least higby probable
as some gentlemen however may consider this concIu-
SION 700 pTobiematical to be entitled to much weight in
Gccdng the question under consideration will present
another view in support of it. 1t is known TO The So
h"'e tat ~ OF the ~ members this floor are pre-
pared to vote for Mr.. Rives; conseonentv Mr. Tcinb
can only get IL votes IT is true that the eentlem9n
rom hoaare says that this is the arisocratic branch
oil me Legislature but in what respect have hcen
unable TO discover think that il must be admitted bv
an candid men, that II is democratic at this time
man ihc other House. Do not represent the nuiner
GU Loce OF the people much truly than the House
OF Delegates The representation i'm this body is In,h
more equally apportoned to population than the other
House, and the basis of representation in the H. of ID
PeriI"es more OF county territorial representation
%" ask tose gentlemen, who appear to be so sensitive
on inc SUBJECT OF others nterposnp between fhc,n and
theIr constituents what right have thew on their own
principles, to charge the Senate or any member of IL
WIN nisrePcsenllng majority of their or his constu
ehs taking, 1t then for granted that each Senator ON
his moor wiil represent truly majority of his cops
tuehts on TINS occasion, (Which is certainly as fair pre-
sumption as that each member of the II of d. will cor
Iciy represent his constituency il ought TO prove CON
cuSVcys TO our minds at least that there ia the over
whenlng majority in favor of the election of MIR Rive
OF something Ike the proportion of 20 to -; and vet
strange to tcl know that il we 20 into tis election
now, Mr.. Leigh will certainly be elected Hinder tL
circumstances can any Senator who has confidence in
the members OF his body. doubt but that there will
be the gossest and most papablc violation of nstruc
uons ana utter disregard of the wishes of laroc ma
Jony OF the people IN the election of Mr. Leigh? With
what roPrey then, against the proposition
TO postpone this election and send Il back TO The neon
"he ~ Is TIC only Of securing To Them .,,sf aud
equal representation in the election of Senator II
VIII not not do for gentlemen on the other side 10 saw
sna1 theTe are i've or six DISTRICTS represented by
friends OF the Administration, which are probable on
posed to the Administration and in favor OF MIR Ty.;H
because they have loudly denounced this as an ocious
interference But there is still stronger objection 10 IL
four Oi the Districts, two beyond the Aleohauv and
Two on The cast side OF the Blue Ridge are ntcd
by gentlemen who intend to vote for Mr. Ic;ab .,J
the two first notorouslv in favor 81 a.,