Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-24
SENATE.


Debate on the motion indefinitely TO postpone the
fixing day for the election Of U. s. Senator.
Mr. BOULDIN said that the General Assembly
Were but the servants agents Of the people OF the
State 10 carry their wishes, and they were now
in the honest exercise OF that necessary discretion
which had been committed TO them, when they re-
fused to 90 into the election OF Senator. There was
no more constitutional obligation upon them TO go
into the election Of Senator, no matter what the
consequence might be- than TO pass certain acts ne
cessary to the carrying on the government. 10
carry on the Government, IL was necessary TO levy
taxes, but suppose the bill imposing those taxes
contained an ust and oppressive provision. could
any one doubt but that they had tuli power TO re-
jecl il in toto IL they thought NIT He could not
conceive that the obligation was greater to elect
Senator Of the United States than to pass neees-
ssry tax bnl-the fact was, there was discreuona-
ry power resting with them in both cases, and the
only question was, whether circumstances Justihed
the exercise Of that discretionary power at the pre-
sent lime. He commended that they did, as by as
sentng TO 90 into the election of Senator ut this
time, there was a great probability that gentle
man might be elected who would not represent the
mSjorty Of the peope-He deprecated the harsh
language that had been used by gentlemen on the
opposite side to induce those who differed with them
ia opinion 10 yield their judgments TO their keepins
such language and such appeals would have no
weight with him. This gentleman proceeded, at
considerable length, to defend the course pursued by
the gentlemen with whom he acted; and we only re-
greet that our limits will not allow us TO follow him
through all his arguments.
Mr.. SMITH said, in selecting an Agent 10 carry
out certain specified powers or trusts 1t was neces-
sary that they should elect one who would truly
represent the people of Virginia, and carry out
those great principles Tor the safety oil which the
present position Of affairs was calculated 10 create
considerable alarm. he denied that there was any
constitutional obligation to 90 into this election be-
fore the 9TH of March, or even during the present
session, although he should be prepared TO go INTO
such election, provided he could elect a man VINO
would carry out sound principles. ne ueneu
h., ,rb nf COnStltntlOn-
not keeping the Senate always full. The same
principle applied the Senate as to the House OF
Representatives, and the Constitution, with regard
10 both bodies, declared: Sec. =. That the House
of Representatives shall be composed OF members
chosen every second year by the people of the sc
veral States. Sec. 3. That the Senate oil the Uni
ted States shall be composed OF two Senators from
each State, chosen by the Legislature thereof Tor
sx years. Now, the not complying with the letter
of the law in case, could no more be violation
of the Constitution than in the other; II was not
imperative to have Senators Tor SIX years than
Representatives for two and yet all knew that al
though the term OF Office of the Delegates expired
TN the ith of Maich yet that even IN virginia the
elections did take place until the latter end of
April, and in mapy OF the States It was much later
Then again they had the example of Delaware and
some otheS States which had neglected or refused
TO 90 into election prior the expiration Of the
term of service of their Senators. He contended
that the time for the election Of Senators was mat
ter which the trainers Of the Constitution felt might
be safely entrusted legislative discretion and al
though authorities had 6een cited TO shew that it
their duty have the Senate at all times full,
yet he could well imsgine that their allegiance to
the rights OF the States, might render II a matter
ofabsolute necessity, TO refuse to go into such cleo
lion. lie would put case; Suppose that the Sc
nate should believe that by consentng 10 go into
this election they should send Federal Senator TO
the Senate, and that his vote would enable the Go
Vernment 10 hx a great moned monopoly upon the
eountry-a monopoly which they considered TO be
an outrage uponthe Constitution, and calculated TO
destroy the very principles OF liberty-Could any
one believe that their duty TO their country and
Constitution would not demand that they should re-
fuse 10 60 into such eleclionl They had been told
that they were faction; but he would contend that
they, who were speaking the sentiments oil the ma
joriIy OF the people Of Virginia, could justly
be called faction. He no reason for going
into this election on the 18Th He expected that
an election would take place during the present ses
sion; but he wished the seats on the floor OF the
other House TO be full. Gentlemen on the opposite
side might rest satisfied that election would take
place. The Senate Of the United States would con-
sist of PC Bank men, and 25 Anti-Bank men, so
that It would be necessary to send Senator, in
der 10 prevent such an institution from being fas-
tened upon the country.
MIR LYONS replied to the arguments OF the Sc
major from Culpeper. He cOntended that lbs G....-
sal 20 20 into the election of ssaator was species
s1fdsrhand qualification TO lie perPetaled by l6
gentlemsR of the Senate of Virginia. he freely
Inant the right OF the State recede from the
national compact, should she so will il, and TO lake
her place in the scale OF nations; but this could only
be done by the people themselves, and not by SIX
teen gentlemen of the Senate. The very Nu,lihca-
ton parties now in the Senate had denounced the
Hu6e alton of South Carolina, although ths Peo- |
pie were thers the actors. However he might die.
approve Of the principle, he could not fail 10 admire
the open, manly, daring manner in which they at
lacked the Constitution. There was something no.
bic IN II; bu; he prayed to be delivered from the
strangling process now sought TO be adopled 81 /
Iently TO choke the Constitution. The whole argn
ments of the Senator from Cupeper were based up
OF the assumption that because others did wrong,
therefore they might do so too, thot because the
States did not comply with The acquisitions OF the
Constitution IN electing members 10 the HouEs Of
Representatives, that therefore, they might neglect
its provisions in another particular, and refuse 10 elect
Senator's To this doctrine he could not give his
assent. Two wrongs never made a right This
was not, as had been stated, question respecting
day. ifthey would move to amesd the resolution,
and substitute any other day for the 18th that they
might deem moro convenient, he would be conten.. |
The question really AZ issue was, whelhe they
would OF would not comply with the acquisitions
of the Constitution and proceed to hl the vacancy
before the expiration OF the term Of service Of WIN.
II Roane, ESQ.
was merely one Of expsdiency, and for his part he
was not prepared to 60 into this election all at
this session, unless be ould send to the Sem
ate who would carry out the principles which the 1
tuaiOrly OF Tue PtOplt NJ virginia Hdu hpprQVeu /
He was anxious that the people at The spring elsc-
lions, should have an opportunity Of passing upon
this natter feeling convinced that they would un.
oquyocally indicate their preference for those prn
eipes which had ever been dear to YirgiEians. Az
ter many other pertinent remarks, the gentleman
vat down, by declaring his fixed purpose TO vote
against the adoption Of the resolution.
The question Of "Inde6nite postponement," was
then put, aud the only Senators voting in favor Of
that motion, we're The Speaker Mr. NNsh) and Mr.
MeMullen.
Mr. BAPTIST rose TO do what he bad hoped
would have been done by some other Senator
Taking the Constitution as his only guide, he do
believe, relgiously and conscientOusly believe thar
there was constitutional Obligation resting upon
them go into the election ola Senator and there.
fore he moved 10 strike out the 18th Of February
and insert in lieu thereof the 30 Of March.
MrBYONS could have wished that the election /
might have taken place sooner; but yet f,om the
peculiar position Of the worthy Senator, he felt
bound TO bccede 10 his motion, and returned him
his heartfelt thanks for bis motor.
Mo GOOD said il would be impossible for him
20 be here on that day.
Several other members regretted that the dog Of
election had bsoa fred at so late y period and ask
ed Mr. Baptist 10 change IT, which he regretted that
DO could not do. lie stated that he had only con-
scented 10 60 into the election az all, under deep
sense Of constitutional duty, gnd he had fixed the
day thus late, IN order TO meet the objections oil
the gentlemen Of bis own partyj he trusted there
fore that the House would agree 70 his motion.
Mr. SMITH expressed his dctermina tiou 10 vote