Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-18
cEYERAL ASSEMBLY OF VIRGINIA.
In SENATE.
Tbvrydnu FcbruarU IL.

GENERAL ASSEMBLY OF VIh"INIA'
IN SENATE.
Thursday, February IL.
Alter passing the bill 10 raise troop OF L'ght ln-
fantry in the county OF Pdtsyvana' me oruei y, 'e
dav for fixing the day to GO inte the election OF u D
Senator was on motion OF Mr. McNtuLLEN, taken up
MIR. McMULLEN moved that the subject be indeti-
ntey postponed and embraced the present opporun'-
ty vindcang his character and condect from certain
Recommendations which had been given to the world
THROUGH the columns OF the Richmond Wing. In an
article giving some particulars of the proceedings in
The Senate on the election Mr. Rves that paper had
stated that after asking for information as to that gen.
tlemans opinions on Bank of the United States,
the Tariff, and Internal Improvements, that he had
answered HIMSELF and proved that Mr.. Rives firmly
pbeld all those great principles dear to the people
OF Virginia So far from declaring himself to be ga
tis6ed with the opinions of MIR. Rves on these ques
TONS he had expressly stated that he could not pu'
faith in The political principles of that genuem"i''
The same paper had farther stated, when the sa ho
Bill was before the House the other day, that lie was
the only member, Of what the Editors were peaeu "
term, the Federal party, who supported the IN
Of the gentleman from Richmond city. ms was os
tnctlv false; another Senator, of the same pont'eai
marty as himself, had supported that amehcn,ea. ~
had never been engaged in controversies WIN Tue eu'
TORS of newspapers, did he intend 10 oe' o"' nc
c.r,anlv did not intend to be inisrepresehteu III tue
~ L. 81 ,o,,erly been in several cases, which he
,a With respect to the subject before Inc f1ouse'
he declared himself 10 be opposed 10 TIE soug 'nu M
election Of an u S. Senator this session--ne o'a no.
see that there was any necessity Tor IT. ana hao "
that such a case the present had oceh c'"e''l'
-, ~, fn.rs of The Constitution, when they decreed
tha, the Executive night fill any vacancy III 'he nav.
e cr.,,ed during the recess of the Legislature Inc
neople Of Nrspia mad declared BY Their votes III e
late Presidential Election, tina. they were 'PPossa ~
49, n-rr;.lss entertained by Gen. HARRISON; anu YET
;r,bey consented 10 90 into this election II must from
the present complexion OF the Generai .Asse,'o,s' "
sui, in the election of some gentleman ir""u'y " '
policy TO be pursued by the new Governineh''-.nus
The will Of the people would be set at naught, ana he
for one, not prepared 10 ala Ill the
OF an obiec: such as that.
TThc preceding very meagre sketch of the speech
OF Mr. McMulen, reported for the Wing. We shall
give il more at length hereafter.
MI THORNTON said the real Issue before the Sc
nat. was whether they meant TO discharge the duty Of
ecctng Senator, not. The gentleman proceeded
10 argue that by the Constitution, they were bound 20
90 into this clccton-that from the foundation CT the
Government up the last two years, they had always
obeyed this njuncton-and that, with reference TO the
last two years, although they had not elected Sena-
tor vet that the Legislature had at least fixed cay
aud endeavored to do lie contended that II the
States neg.cccd to elect their Senator's there must at
once be an end 10 the Union; and was Virginia pre-
pared so far she concerned, to SKATER The "-
rious fabric of their national existence: lie found IN
the case of Cohens the Commonwealth OF Virginia,
before Chief Justice Marshall Mr. Barbour thus cx-
pressing himself "Whenever the States shall be de-
will not find Il TO act and to act III violation
OF the Constitution. They quietly end effectaa!'y
accomplish the purpose by not actng-CPon the state
Legislatures IT depends to appoint the Senators ana
Presidential Electors, 10 provide for their election
Let them merely in these partcuarsthe Exccu-
tive Department and part of the Legislative ceases to
exist and the Federal Government thus perishcs By
sin Of OMISSION not Of commission. But will endeavol
in another way to show that Whenever the States sinai
have reached that point, either of corruption or hos
tilty to the Federal Government, which they must ar
rive before any extreme violations OF the Constitution
could OCCUR" &c. He was much disposed as any
man to uphold the rights of the State.-He held tina
she had right to withdraw from the Federal Govern
,nent if she thought f-but them that step could only
be taken by the people, and not by the Legislature
much less than by one branch Of that Legislature, OF
by the moiety of such branch. They were now called
upon to discharge duty the neglect Of which by ma
iorty ofthe States would be at the destruction o.
the Federal Government they had taken an oath te
maintain the Constitution, and this very duty was
prominently required at their hands, By that Consutu
ton Chief Justice Marshall had observed, in deliver
ino udament in the case before alluded to: "Ihc coun
sci for Virginia endeavours to obviae the force OF these
arguments, by saying that The dangers they suggest
not nagnary, nevtable that the Constitution car
make provision against them; aud that, therefore, IN
constituting that instrument they ought to be excluded
from our consideration. This state OF things they say
cannot arise until there shall be disposition hostile
TO the present political system to produce determ
nation to destroy III and, when that determination shall
be produced its effects will not be restrained by parch
Iaent stpulaons. The fate of the Constitution will moi
then depend on judicial decisions But, should no appeal
be made to force, the States can put an end to the Go
by refusing to act They haze only not to cleo
Senator's expires 1chout struggle It's very true
thai whene yer hostility to the existing system shall be-
cole UNIVERSAL it will be also irresistible The peo
pie made the Constitution, and the people can unmake
it, 1t the creature ofheir WILL and lives only by then
will. But. this supreme and irresistible power TO make
or to unmakc, resides only in the whole body of the
people-not in any subdivision of them The attempt
of any of the part exercise it, is usurpaon, and
ought to be repealed by those to whom the people
have delegated their power OF repeiling It. lhe
same authority had in another place declared, at true
that if oil the States, or majority of them, refuse
to elect Senator's the Legislative powers Ut the Union
will be suspended. He found Judge Barbour in The
same case further stating: "Let it be remembered tina
the several State Legislatures and Judciaries, are al
bound by tie solemn obligation of oath, to supper
the General Constitution; that to suppose State lie
gs!ature capable Of wfuy leglslatng in violation o
that Constitution, to suppose that 1t is so lost 10 the
moral sense TO be guilty of perjury; snppositor
which, thank God the character OF your people iorblt
us 10 make nor can it be realized until we shall have
reached maturity of corruption, from which / trus
we are separated by long tract Of future time. -
Thus, them the Constitution called upon them Y
reject the motion indefinitely to postpone. Couit
any reason be shown why that House should re
fuse to fix 4 day for the going into this election
He conended that the people had demanded tina
they should proceed to the election. In his owr
District the of Roane Roanc was at the las
Spring Election distinctly made, and that gentleman
IN that District, where he was best known and mos
popular had been defeated The question was brought
distinctly before the people, and they decided by then
votes that the election should take pace-West of the
Blue Ridge, the papers had banners which were in
scrbed 'Roane and Mason" The Richmond Wing o
April I'd, said ",here is every prospect of the Wings
carrying counties enough in the Spring 10 secure ma
iority joint ballot, and thus next winter to restore
Virginia 10 her ancient reputation in the Senate of the
U. States by the election Of WIN. c. Rives and Johr
J. Allen or of some other citizens of ability and true
State Right doctrines In very stirring uppea
10 the voters of Virginia, the Editor of the Enqui
rer sad his paper Of 2lst April lS4o which he stat
ed might be the last number that would reach some
his readers before the election, You have gained more
voters than you have lost, and if you turn out yo,
carry the State and eoeure tho :wn United State
Senators next winter-go forth them and do your du
ty. In the paper Of the 2-,h April, after thu
-