The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-03-13

such are Of the authorities in favor Of ts proprey
and eons,ltuionsy Il proper 70 add that there has
been but oae uniform and uninterrupted practice under
~ rom the time Of its first passage in l793 period Of
46 years, during which all our Senators in Congress
have been chosen under It's provisions, without doubt
ever having been animated until OF lis full literal
compliance with the Constitution
Your committee acknowledge themselves TO be Of
that class who regard eoiemporsneous nearly
temporaneous exposition OF constitutional provision by
the practice Of those who familiar with the
Tor It's adoption, continued uninerruptedly for nearly
half century by our most distinguished jurists and
statesmen Of all parties and ut all times entirely
elusive Of the true construction 10 be given a.
II this rule be not sustained there will be no end to
dispute No win know what his rights and duties
for each generation will conceive itself wiser than
It's predecessor and the constitution instead OF beng
barriers 10 the lust Of power and shield TO the people,
will become the sport Of alternate partisan uumphs
power claimed by the States and the very last they
would surrender that Of authorizing the emission oil
bills OF credit by chartered institutions rests at this
moment more on the uniform practice under the consti-
tuition than on any provision il contains and on pac-
tce in the opinion Of many enlightened men, contrary 10
the plain words OF that instrument We utterly deny,
therefore, that any citizen has the liberty TO construe The
laws or tho constitutions of our country ss no may
choose to understand them, but 10 bound by them 40
they interpreted by the Judicial and other sppropr
ate tribunals OF the law. and If that Interpretation has
assumed the form OF statute, it 10 the solemn duty Of
every good citizen TO obey it, at least until Its nncon-
suiionslily has been declared by the Judiciary fsny
other principle should be recognized in the adminstra
ton Of laws the beer who chooses 70 understand
that part Of the constitution which the liberty Of
the press authorizing its abuse to centious purposes
and the feon whose heart and intellect depraved
10 claim equal participation in his neighbours pro-
perry, under the plea that il was IN unslienabe birth
right and indeed oil offenders Of every hue and descrp
ton, must be exonerated from punishment and society
itself must come TO an end
For ourselves, therefore. we are quite content to
leave the Of the law in question the
uniform and nvarabe interpretation IL has received not
only in our own state but in the Senate Of the United
States Also where from the foundation Of the govern
men Senators elected by joint ballot Of the two houses
of their State Legislatures have taken their seats with
out question and held them without dispute.
But where il is very easy to point to the very letter
OF the authority, ii ought not to be omitted.
The clause in tho Constitution of the U. States has
slready been quoted, which provides that the tunes
place and OF eleclng Senators shall be prescrib
ed by the Legislatures thereof" The manner OF their
election therefore within the control OF the elecllng
body. The Senators Of each State "are to be chosen
by the Legislatures thereof" The ordinary Of
Legislative action is by each chamber passing separate
y and independently on every proposition. But thsi
by no means the only course The practice of the Lee
gsaiures Of several Of the States assemble the two
Houses in joint meeting. particularly to make appoint
ments to Office which continued in some Of them to
this day, familiar to those who framed the Cons
tntion and well known that the mode Of proceed
ing in legislative appointments varied in different states
When therefore, the Constitution gave to the State Lee
gslatures the power Of eecng, the Of choosing
Senator obviously to leave 10 each the right Of pur
suing its practice adopting any other. II is be-
eved to be at the foundation Of the doubts
expressed to suppose that legislative action be had in
separate chambers acting independently. In ancient
times the Lords and Commons Of England assembled
together and passed laws Il always was and must be
nal vested with power to prescribe its own mode Of
performing its duties where constitutional pro-
vision interferes Our state consp tion provides for
the passing Of bills by separate houses but contains
inhibition either directly by implication against any
other mode OF performing any other legislative duty.
With the unqualified affirmative power given by the
Constitution Of the u s. and in the absence Of any
stcton by any other competent authority, to doubt the
power OF Legislature 10 provide for the election Of
Senator by ballot Of the whole Legislatureof all the
members composing it-would seem to be refinement
Of constitutional scruples without parallel refine
ment not to advance the great end and purpose Of vest
ing the power 10 the representation in all
contingencies, but defeat that purpose, obstruct the
operation Of system of government, battle the public
will. and abandon position as Sovereign state in
the Council Of the States An omission to elect Sena-
tors to Congress by majority Of the States, would pre-
vent quorum Of the body from assembling and would
virtually dissolve the Union.
Such result should not be left to chance, and much
less should its be facilitated by refined con-
sruction that in itself exces all the elements Of hostility
without providing the means Of composing it.
II has seemed to your committee that every dictate
Of patriotism, all regard to memory and practises Of
the founders Of Republican Government--every
desire to prevent It's Reorganization and confirm and
preserve the Institutions Of country in their beautiful
symmetry, would induce all rejecting men to discard
doubts Of such character, and which like others
corded in history, may be followed in future times
Of violent political excitement, when some expiring
party that may hereafter exist being driven from power
by an indignant people, may seek BY such miserable
pretexts to proong feeble existence or to crafty an
Unsuitable revenge at the expense Of patriotism and the
most solemn obligations Of an oath.
II there be doubt OF the censtitutionaty Of the
law in question: there be doubt of its binding
force all whose conduct it regulates SO long ~
1t remains law must be obeyed even b. law makers
They had no exemption in our land for the common
duty of all citizens TO obey the law it is. Their
only remedy if they dislike it, is to repeal it. No such
proposition made-and the 23d Of title Of chap.
6. Of the first part Of the r. s., is at this moment in as
full force it the day it passed It provides
the mode of electng Senator whenever ono is to be
chosen.
BY passing the resolution referred to your committee,
this house will dsobey the law, and openly and papaby
violate its provisions.
prescribes that the Legislature shall elect Sena-
tor in different mode than by concurrent resolution
Your committee have como to the following conclu-
sions:
LIST. That the Legislature possess the power Of re-
gulatng the in which Senator TO Congress is
to be chosen, and that there nothing in the Consu
ton in the nature Of the duty require that the
manner should be by each house acting separately but
that il may be in any that the Legislature may
prescribe.
I'd. That such a law being now in force regulating
the manner, which is not in the least affected by the
circumstance that the prescribed time for its perform
had elapsed, other mode be pursued by the
Legislature until the Statutes referred to is repealed
Your committee, therefore, recommend to the House
the adoption Of the following resolution
Resolved, That the resolution OF the Senate, pro-
posing if the Assembly concur that Samuel Beardsly,
be- and he is hereby chosen Senator to represent this
State in the Congress Of the United States in the place