Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-25

the House of Representatives was composed of mem
bers chosen by tile people of the States according 10
equal and defined proportion and II they sliuch ou
the federal feature of the Senate, then their whoie
Government rested on the popular majority IL Inc
Senate did not represent the States in their sovereign
capacity where he would ask, the Federal feature
of their Government and what gave 1t lis federaiVe
casts In the first instance had been proposed to eec.
the Senators by the People, but Mr. Madison had SAID
that that plan would never do There must lie some
check TO the Democratic power OF their Government
some power and the pow
in the lower House. To let the entire power OF the
Government rest upon the popular majority, would De
make it too Democratic and therefore, check,
was finally resolved that the States in their sovereign
capacity, should elect the Senators This Mr. Madison
had contended would be kind of hlterng stone
through which the popular stream from the other
House would run, rendering it more pure and healthy
and thus conducive TO the public good When the
Senator from Mathews asked them to regard the poPu
lar voice. as expressed in the late Presidential election
when he denied that the Senators the represen-
tatves of the States in their political character he de-
stroyed the Federal feature in their Government and
broke up that filter which had been wisely declared the
instrument render the stream OF legislation more pure
and healthy But the Senator from Mathews had con-
tended that the States might give up their right to repre-
sentaton in the Senate altogether, II they thought ut,
and consequently, that if they had the right to ren-
qush that right altogether, that therefore they could re-
lnouish it for smaller time The third section of The
Constitution declared that "the Senate of the United
States shall be composed of two Senators from each
State chosen by the Legislature thereof for six years,
and each Senator shall have one vote and the next
clause went to state that "immediately after they
shall be assembled in consequence OF the hrst election
they shall be divided us equally as may be into three
classes The seats of the Senators of the first class shall
be vacated at the expiration Of the fourth year. and OF
the third class at the expiration of the sixth year. that
third may be chosen every second year and va
cances happen by resignation or otherwise, during The
SfaIa t,aE ,tIuQ
thereof may make temporary appointments until
the ne xt meeting Of the Legislature, which shall then
fill such vacancies. Now, what was the meaning oil
these provisions of the Constitution, and what was the
intention Of the founders OF the Constitution: They
first enacted that the Senate shall be composed OF
two Senators from each State chosen by the Legsla
ture thereof for six years. and then they proceeded to
take care far they were able, that the Senate
should ever be full Their object was that their Co.
yernnent should be absolute, existing and eternal
they looked forward TO the time when the increase of
their country population and its general prosperity,
might demand that the Senate should be always in
session. and hence they had enacted that if vacancy
should occur, by resignation or otherwise, during
the recess of the Legislature of any State, the Ex
ecutive thereof may make temporary appointments
until the next meeting Of the Legislature which shall
then fill such vacancies The trainers Of the Consttu-
ton could never have supposed that any State would
refuse neglect TO comply with that provision of the
Constitution which requires the Legislature of each
State choose two Senators for six years; but that
the Senate might at all times be full they had granted
to the Executive of the States, the power supply
vacancies occurring during the of their Legisa
lures But tho Senator from Mathews relied upon
the 9th article of the Constitution to sustain him in
his position What did the 9th article decare' "Ihat
the Congress- whenever twothirds of both houses shall
deem it necessary shall propose amendments 10 this
Constitution, or, the application OF the Legislatures
of thirds of the several States shall call Conven-
ton for proposing amendments, which, in either case,
shall be valid to all nents and purposes, as part OF
this Constitution when ratified by the Legislatures of
three -fourhs of the several States by Conventions
in three fourths thereof the the other mode
of ratification may be proposed by the Congress pro-
vided, that amendment which may be made prior
TO the year lc0S, shall in any manner affect the first
and fourth clauses in the ninth section of the first
cle and that State without its consent shall be de-
pryed of its equal suffrage in the Senate. Under
this very article, before they could make any change
in the Constitution or disregard IFS provisions, Con-
venton must be called, and that Convention could on
ly be called by two-thrds Of both Houses, the
application of the Legislatures of two-hrds of the
several States and then the amendments would be
valid when ratified by the Legislatures OF threefourths
of the several States or by Conventions in reeourths
thereof the other mode OF ratification may
be proposed by Congress but so important was the
rirht of State representation in the Senate, that the
clause went on to declare, that n Convention
thus called, should not without its consent, deprive
any State of its equal suffrage in the Senate Could
this clause be relied upon for moment, auhori-
zinp q portion of the General Assembly of State,
without Convention, any thing OF the kind, to re-
nqush their right 10 representation in the Senate: lie
thought that lar from this clause being any justEca-
ton for the course pursuedby gentlemen the opposite
side that il did but make his argument the stronger
lie begged that the Senate would consider well these
matters, and consent TO fix upon some day 10 go into
elections the lSlb 20th 18th, any other that they
at least might show their readiness to comply with the
acquisitions Of the Constitution He would have Sena-
tors consider what these attacks upon the Constt
ton might lead. With what face could they charge
New York with violating the provisions of the Consti-
tuition, when they themselves claimed that they had
right to disregard its provisions at will Might not
New York say TO them, first pluck the beam out oithnc
own eye. He trusted that the Senate of Virginia would
continue to support their glorious Constitution, and dis
discharge with zeal and aacrity every duty enjoined
upon them under it.
On motion of Mr.. BOULDIN, the Senate adjourned.
Mr.. LYoSs-Some injustice, we have been told, was
inadvertently done the Senator from Richmond, IN The
report of the debate on Mr.. Mchlullens motion TO
postpone the election Of Senator indefinitely We are
enabled to present. from the recoecons OF those pre-
sent, more literal idea Of the passages between Mr..
Lyons and Mr.. Boudn Of Nottoway.-Uhig.
"Upon Mr. McNlullens motion for leave TO withdraw
his motion TO postpone ndefinely-the passage be-
tween Mr. Bouldin and Mr.. Lyous was this: Alter Mr.
Lyons had alluded to Mr. mcMullen POSITION and de-
scrbed it by relating an anecdote OF Lorenzo Dow,
who said any one could raise the Devil as wei as lie,
but the question was who should lag him, after ne was
rased-and the Senator from Scott seemed to he in that
predicament. He had raised the Devil, Mr.. L. SAID,
and found it now beyond his power to lay him. Mr.
Bouldln got the floor after Mr.. Lyons gave way Tor
motion to adjourn, and said, he would only remark
to the Senator from Richmond City, that man who
could not raise the Devil could raise the wind In nolc-
ing this remark the next day. Mr. Lyons remarked that
the Senator from Not,oway had gone out of his way,
for the third time, 10 whet his wit him, (Mr ~
and said that if he, (Mr H. could not raise the Devil,
he could raise the wind Mr. L. said lie thought it
rather windy wt-but he had never claimed the pow
er 10 raise the Devil If he had, however, the Sena-
tor from Nooway in denying il to him had manifest
ed far greater power in him-fo tina, gentleman him
self furnished the proof that he had raised the Senator
from Nottoway,-and whoever had been unfortunate
to that Senator, and who knew his whitening
sarcasm, his biting irony, and resstless power-who
had felt the barbed point of that Senator'S wit Pene,rat-
ing his unhappy sides, aud seen his up-fted
suspended his devoted head knew that to raise
the Devil nothing 10 compare with raising the Sc
nator from Nottoway.
IA ,1,,Jo IT. Din, al fho