The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-03-20


The said United States.
This was referred to the Committee on the
Judiciary, Of which Mr.. WALL was chairman.
Alter delay Of six weeks, he made long
report against the bill; in which they init
mated TINT every officer of the Federal Go
yernment who did not take part in the cleo
tons, would be looked upon as an ..idioi,"
and the Committee declared that, il W as not
only their ",ight." but their "pUTY 10 dis
euss and promuigs freely the measures ofthe
administration" And concluded the report
with the following:
"Under every aspect that the committee have been
able TO view the provisions Of this BILL IL appears to
them that II Is unjust unequal, ipraetieabie impoH-
nc, tyrannieal and unconstitutional that II Is found
ed on an assumption OF power by The Federal Go
vernment not granted by the constitution, and de.
structiye of the rights OF the several independent
States comp1singth Union, and OF the constitutional
rights Of the citizens Of those Siaies and that its pro-
visions are Of most alarming and dangerous ten
dency not called for by any existing mischief and
would not afford an appropriate remedy II such mis-
chief existed"
Such a report might have been expected
from one who, until recently, has been
thorough advocate and supporter Of the old
Federal doctrines Of '9s.
A few days after, Mr.. RIvEs addressed the
Senate, in opposition to the report Of the COM
mittee. After he finished his remarks, he Of
fered some resolutions which he had prepared
as a substitute for tho bill Of Mr.. Crittenden;
which, said he, contained the doctrines set
forth by Jefferson and offered ground on
which all those gentlemen could stand who
had felt constitutional scruples againt the bill.
The following is the preamble and resolutions
offered by Mr.. Rives
Whereas "the constitutional remedy by the cleo
tive principle becomes nothing If II may be smother
ed by the enormous patronage of the General Go
vernment |" and whereas, also, freedom OF election
is essential 10 the mutual independence Of the State
and Federal Governments, and Of the different
branches of the same Government, SO vitality che
rshed by American institutions:
Resolved therefore, That, in the opinion of the Sc
nate, II Is highly improper for officers depending on
the Executive OF the Union to attempt to control or
influence the free exercise Of the elective right"
Resolved also, That measures ought to be adopted
by Congress, so far as their constitutional powers
may extend, to restrain BY law all interference of Fee
deral officers with elections Otherwise than by giving
their own votes and that the report Of the Judiciary
u
instructions TO new model 1t according 10 the princ-
Piles declared in the foregoing preamble and resou-
ton
Mr.. Crittenden, subsequently offered sub
stitute for the original bill, emitting the fine,
and restricting the penalty to a mere disability
for office under the Government and confined
himself altogether to the words Of Mr.. Jeffer-
son; and declaring, at the same time, that he
preferred the substitute to his original bill.
Now, let us show how the bill and substi-
tutes were disposed Of in the Senate; and
lay before the people the votes. The follow
ing, giving the same, is copied from the
Globe:
The question was taken on the amendment to the
bill offered by Mr. Cri,tenden and decided in the mega
tiye--yeas Is, nays 25, as follows:
YEAS--Messrs Bayard, Calhoun, Clay, Of KY,
Clayton, Crittenden. Davis, Foster, Knight, Merrck,
Pren,iss Preston Rives Robbins, Rugges, Smith, Of
Ia. Swift, Tallmsdge, and White-ls.
NAYS-Messrs. Allen, Benton. Brown. Clay, Of
Alabama Cuthbert, Fulton, Hubbard, King, Linn, Lyon
Mouton, Nicholas, Niles, Norvel, Pierce, Roane,
Robinson, Sewer, Smith, Of Connecticut, Walker,
Wall, Williams, Of Maine, Williams, of Mi, Wright,
Mr. TALLMADGE then offered to amend the bill
by making its provisions and penalties applicable only
to the Office holders named when they shall subscribe
Of money TO- carry on elections which was lost
yeas Is, noes 26, a. follows:
YEAS-Messrs Bayard, Calhoun, Crittenden, Davis
Foster, Menick, Pren,iss, Preston, Riyes, Robbins
Ruggies, Smith, Of Ina, Swift, Tallmadge, and White
-l5
NAYS-afessrs Allen, Benton. Brown, Clay, of
Ala, Clayton, Cuthbert, Fulton, Hubbard, King, Linn
Lyon Mouton Nicholas Niles, Norvell Pierce, Roane
ID Smith IF 1tor all
Williams, Of Me-, Williams, Of Mi, Wright, and
Young-26
Mr. RIYES then moved TO recommt the bill TO the
Committee the Judiciary with instructions to amend
the bill so conform to the resolutions which he
had submitted to the Senate some time SINCE which
was lost-yeas 49, nays IS, as follows:
YEAS--Messrs. Crttenden. Davis, Foster, Knight,
Merick, Prentss, Preston, Rves, Rugges, Smith,
Of Ina, Swift, Tallmsdge, and Whte-l3.
NAYS-Messrs. Allen, Benton, Brown, Calhoun,
Clay Of Alabama, Cuthbert Fulton, Hubbard, King,
Linn, Lyon, Mouton, Nicholas Niles, Norvell Pierce,
Roane, Sewer, Smith, Of Conn, Walker, Wall, Will
liams, Of Me-, Williams, Of Mi, Wright, and Young
-25
The question then came up the engrossment of
the bl--ayes s, noes %, as follows
YEAS-Messrs. Crtenden, Foster, Merrick Pres
ton and Whites.
NAYS-Messrs. Allen, Benton, Brown, Calhoun,
Clay of Alabama Cuthbert, Fulton, Hubbard, King,
Knight Linn, Igor, Mouon, Nicholas, Niles, Norvel,
Pierce, Roane, Robinson, Sewer, Smith, of Conn,
Smith, Of Indiana, Walker, Wall, Williams, OF Me-,
Williams, Of Mi, Wright, and Young-2s.
These are the proceedings Of the party in
the Senate supporting an administration which
claims to be walking in the footsteps of JET
PERSON and MADISON, and acting upon their
principles, and carrying out their doctrines
That which Jefferson deemed just cause 81 re-
moral from office, these, his pretended toiio,o-
ers, denounced as " unjust, y" impoliiic," "ty-
rannical," and " unconstitutional" What ne
forbid emphatically, they declare i to be
duty" to perform! Look at this Virginia
n no WILL .,o,, acuuiesca in