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

friend, the Deputy Sheriff. o,o
MIR. SMITH said that notwithstanding all ,ie s scI
quence which had been poured ior'h, dho ~. If
IMAGES that had been conjurcd up-such as soiauo" -
the Constitution disregard of solemn oogat'ons W
to the State and many others oil hke ''a'uie' INV
question before them was, wbe'her 'ney VIZ wv, ~
90 into the election of Senator OH Tue l0u "
So. roa this was the simple question, around "hch
III - ar dreadful images had tccn called up me oe
$50 by refusing to go into the election on lie lc.h'
did no, saw that they would not 20 INTO the eec'oh u
ring the present session. for, he expected 70 60 NV
rho election during the prose- session, and
an the other side neglected refused again to oring
this subject up there nothing to prevent MN VI
some one of the party acting with hIm, from oo'hs "
But in the present condition OF The Legislature M
were not prepared to go into this elecuoh' one eoy
was totally unreprescnted ana me h;a s.,,
another had been declared not tobe entitled 10 MS se
so that it might be left unrepresented at any hohen.
and until every county in The Slate was iu'y ".o
fairly represented, he, for one should rsiqse 70 81
into the election. The gentleman from h,o.ao 1
civ had talked about State Rights, ana ne wah'ea
Senator TO sustain an Administrations having the great
high priest Of Federalism Daniel Wooster at us neaa'
and numbering Granger one oil MS 'hemoeis hese
men would support State Rights so lar as lney oeeVed
the States 10 have any rights 'n' u.u 'n.' noon'
of State Rights agree with the OPINIONS OF Tie Peo
Mo nc V;ro;nia on that head Certainly not; and the
late EXPRESSION of the popular VIII on that head had
proved the truth of his position beyond The possiDy
of cavl or of doubt All that The Senate could affirm
| bv agreeing TO the IeSUa'o4 "Sbs W aSh iioh
the other House. was that they were not ready on the
Ia,b Fabrnarv TO proceed to the election Of Senator
Obnr States had postponed the Election of Senator,
and no one had ever supposed that they were aiming
| a blow al the stability of the Union; but lie would
con,snd that il was optional with the people OF Vir-
r;n, whether they would have Senators in Congress
NJ ALL or not and If the people believed that Gy send
inc Senator TO Congress they would be hxing Ma
tonal Bank any other odious measure OF that nature
upon the country they had the power and as PATROLS
/ - ~ raf,,p Intn IN
election. -
Mr. LYONS entered into defence of Mr. Webster
conduct He contended that all occasions, he had
ever stood forth manuy to defend the interests and
the honor of his country and that no occasion OF dun
Guilty or danger had ever occurred without Mr.. WEB
ster throwing himself into the breach. He had stood
forth noby on behalf of the credit and the honor of the
Staes-and when the fallen dynasty were warning with
their honor and endeavorng TO deprive them OF their
fair fame he had stood up in London before Kings
and Princes and declared that the pledged faith Of the
States would be virtuousy and honorably sustained
Gen Jackson too had acknowledged that he had saved
his Administration from RUN and although lney
might bring against him his conduct during the war, they
must recoect that he erred in that particular, III COM
mon with John Randolph and many other ilustrious
men But surely, gentlemen who supported Forsyth
Buchanan aud others OF that stamp could not reason
ably find fault with the Federalism of DAME Web
ster. With regard to the question OF Bank, Mt
| Jefferson had himself declared, that if the peo-
pic. believing that the Government could not be
properly carried on without one, called for its es
Enlistment, that he should in that, as in all other
cases, bow to the will of the people The people
of VIRGINIA if they were now, had not always been
opposed to National Bank, and surely differ
ence of opinion upon that one point should not be
held as disqualification for office. If gentlemen
on the opposite side intended TO watch their oppor-
tuntv and when their opponents might have re-
turned to their homes, resolved 10 spring hs eectoh
upon ,hem-which, by the way, he would not believe
unless he saw t-even in such case the constitution
al obligation resting upon him to go into an election
would compel him TO vote for the motion, although ne
would, with his utmost energy, dcnounce the fraud al
tempted 10 be perpetrated.
Mir. SMITH had never expected TO hear Mr.. Jefier
son cited as authority for the establishment Of Ma
ona Bank. He had been all his life opposed to such
an institution and looked upon it as great demora-
zing and dangerous engine. He repelled the inslnua
ton that he or any acting with HIM, would at
tempt to be guilty of fraud
On motion of MIR. SMITH, the Senate adjourned,
Mr.. TOD having the floor.
Tuesday, Feb l6, lell.
Mr.. TOD regretted to have again to present himself
10 the attention of the Senate but the notice that had
been taken of the few arguments advanced by hun the
other day seemed TO call upon him Tor some reply lie
must however, with due SUBMISSION, contend, that
those arguments had not been in least degree sha
ken or refued. There constitutional obligation
go into the election of Senator Section OF the
Constitution provided that hc tnt" places, and man.
tves shall be prescribed in each State by the Legislature
thereof but the Congress, may ut my tiDe by law,
make alter such regulations, except as to the places
Of choosing Senator'S. From tins clause 1t was I'M
possible TO gather any thing obligatory upon them to
90 into the election Of Senator III 10y particular time
Congress had passed no law at all upon the subject
the State had passed law and the time was clearly
at the option of the General Assembly. But he con-
ended, that if the Senate the General Assembly
saw fit they might refuse gointo the election of
NJ all Rv article = of the Constitution.
was provided that he Congress, whenever two-thlrds
of both Houses shall deem it necessary, shall pro-
pose amendments to this Constitution, OIL the ap
pcaon of The Legislatures OF two-thirds OF the Sc
veral States, shall call q Convention for proposing
amendments which, in either case, shall be valid to
all ntents and purposes, part of this Constitution
when ratified by the Legislatures OF three-tourths OF
the several States ny Conventions in treetourths
thereof, the the other mode OF rathcatIon may
be proposed by the Congress- provided that no amend
ment which may be made prior TO the year lc)o, shall
in any affect the first and fourth clauses IN
the ninth section Of the first article; and that no State
without lis CONSENT shall be deprived OF ITS equal sui
fraae in the Senate. lie contended that the last
clause of this section gave the States the power, or
rather recognized the power in the States to withdraw
their representation from the Senate altogether, and
surely the major, including the minor, lhey had Inc
power 10 refuse elect the Senators, they had the right
postpone such election IT they CONSIDERED that CIR
cumsunces demanded that they should thus act
He again contendcd that the Senators were not the re-
representatives. Of the State in their political capacity
they not the representatives Of State sovereignty,
bu, the representatives Of the People in their civil
capacity, and hence, bound 10 obey the nslruc
tons Of the representatives of the People. If they
were the representatives, of The States in their sove-
reign capacity the Judiciary and the Executive branch
es Of the Government would have equal right oinstruct
with the representative. lie coniended that prese cir
cumstanccs called upon them 10 refuse to 90 into this
election for it would be much for the People 10
be unrepresented than misreprcsencd in the Senate of
the U. S. 1t had been said by the Wing organ that
morning, that they dared not refuse to into this cleo
tion bu, for himself he would state that lie fully
prepared to take upon himself his full of re-
sponsibl.y, and play this game out 10 the end.-He
deeply regretted that the Senator from Richmond City
should have made use of expressions calculated 10
wo"nL the feelings of gentlemen opposed to him in po-
lt,cs They acted according to The dictates Of their
own r.nsciences and he ought not to have characte
zcd their opposition purely factous He ought not
10 have charged them with wilfnlly dsregarding the
| n ~. ozot.t, ,E thA.r