Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-13
aHksAL ASSEMBLY or vIRnNIA.
TnvaspAr, February IL.

: United SiAtes Senator, was. os motion of NJ M
4 MULLEN, taken up.
Mt McMULLEN moved bat the subject be IN
uennuety postponed, and embraced the present op
portanity Of ynd'cating his Clearwater and condue
from certain Misrepresentation which had been ~
on 70 me world through the columns Of the Rich
moue wing. "a an article giving some particular
inc proceedings IN the Senae on the election Q
mr: kves, that paper had stated that after askin
,or information as to that genlleman's opinions on
D Bank OF the United States, the Tariff, and Inter
na' improvements, that he had answered himself
and proved that MIR. Rives firmly upheld all thos
igressprinciples so dear to the people Of Virginia
so TAR from declaring himself TO be satisfied viii
the opinions OF MIR. Rives these questions he Ia,
expressly stated that he could not put faith In ,h
, ponueal principles OF that gentleman. The sam,
paper had farther stated, when the small note Bil
was before the House the other day that he wa,
the only member, Of what the Editors were PLEASED
10 term, the Federal party, who supported m,
amendment Of the gentleman from Richmond city
r vas , u.isunc'y false; another Senator Of IN,
: same political party himself had supported ,ha
amendment. He had never been engaged in con.
uovorses with the editors Of newspaps<s nor did
ne intend be; but he certainly did not intend to he
s.s.eP'esented IN the way he had latterly been in
several cases, which he cited. With respect 10 the
subject before the House, he declared himself 10 10
opposed to the gong into the election of an United
states senator this session;-he did not see that
.nete was any necessity Tor il, and had no doub,
that such case the present had been contennl,
ted by the trainers of the Constitution when ,bey
decreed that the Executive might fill any yoc,ncy
IN the Senate If created during the recess of ths
legislature The people Of Virginia had declared
py their votes in the late Presidential Election ,h.,
they were opposed TO the priuciecs entertained hv
zen. Harrison; and YET If they consented to 90 in
10 TINS election, 1t must, from the present comner
ION OF the General Assembly, result in the election
some gentleman friendly TO the policy to be pur.
sueu oy the new Governmcnt;-thus the will of the
people would be at naught and he for one ~, !.
NOT prepared TO aid in the accomplishment Of an
object such as that.
MIR THORNTON said the real issue before the
senate was, whether they meant to discharge the
duty OF eleetng Senator, or not. The gentleman
proceeded TO argue that, by the Constitution thew
were bound TO go into this election-that from The
foundation OF the Government up TO the last two
tuey hau always ooeyed this injunction-and
.uat, with reference to the last two years although
they had not elected Senator, vet that the co.'s
ature had at least fixed day, and endeavored IN
do So he contended that If the States neglected IN
eee. their senators, that there must at once be an
enc 10 the Union; and was Virginia prepared 81
lar as she was concerned, shater the eorious f,b
TIC OF their national exstencel He found in the
case OF Cohens VS.. the Commonwealth of yir,inia.
before Chei Justice Marshall, Mr. Barbour thus ex-
pressing HIMSELF "Wheneyer the States shall n.
determined to destroy the Federal Government tbsv
VIII not md necessary TO act, and TO act in viola
uon OF the Constitution. They can quietly and ef.
iectually accomplish the purpose by not acting
Upon inc state Legislatures II depends to appoint
~, %
Tor tsir election Let them merely NOT aef in these
particulars-the Executive Department and part of
the legislative ceases to exist and the Federal Co
Vernment thus perlshes by sin of omission. not of
commission. But will eRdeavor in another vay TO
show that whenever the States shall have reached
mat point, either Of corruption or hostility 10 the
federal Government, which they must arrive nj
before any extreme violations of the Constitution
cou'u occur &c. de was as much disposed as
any man TO uphold the rights Of the State
lie held that she had right to Withdraw from
the Federal Government, If she thought fit
but then, that step could only be taken bv the
people, and not by the Legislature; much less than
by one branch OF that Legislature or by the nnoe,v
OF such branch. They were now called mon ~
discharge duty, the neglect OF which by a maiori-
~ OF the States, would he ut once the destruction
ot the Federal Government;-they had taken an
oath to maintain the Constitution, and this very du-
" was prominently require at their hands by that
Constitution. Chief Justice Marshall had obser
we'd, IN delivering Judgment in the case before alluded
TO: The counsel for Virginia endeayours To ohvi
ate the force OF these arguments by saving that the
CANCERS they Suggest, 1t not imaginary, are inevita-
oIei that the Constitution can make no proyision
against theu and that, therefore in constituting that
instrument, they ought TO be excluded from our
consideration. This state of things they saw cam
not arise until there shall be disposition so hostile 10
the present political system as TO produce determi
nation to destroy IT. and, when that determination
shall be produced, It's effects will not be restrained
oy parchment stipulatons. The fate Of the Con-
sttuuon will not then depend on judicial decisions
But, should no appeal be made TO force the States
can put an end 10 the Government by refusing to
act. They hare on not 10 elect Senator'S, and n
srptrss ioiihout a struggle. IL is very true that
whenever hostility 10 the existing system shall he
come universal, II will be also irresistible The
people made the Constitution, and the people can
unmake IL IL Is the Of their will and lives
only by their will. But this supreme and irresist.
IDLE power TO make or 10 unmake, resides only in
the whole body Of the people-not in any sub.di.
vision Of them. The attempt of any of the part 10
exercise il, is usurpation and ought to be repelIed
by those 10 whom the people have delegated their
power OF repellng it." The same authority
had IN another place declared at is true that if ali
the States, or majority of them, refuse TO elect
senators, the Legislative powers Of the Union will
be suspended" He found Judge Barbour in the
same case further stating: "Let II be remembered
that the several State Legislatures and iudicinres
are all bound by the solemn obligation Of an oath
10 support The General Constitution; that tn sun
pose State Legislature capable of wilfully legs.
atng in violation Of that Constitution, is to sun
pose that 1t IS so lost TO the moral sense as TO io
guilty OF perjury; supposition which, thank Cod
the character OF your people forbids us to make,
nor can It be realized, until we shall have reached
a maturity OF corruption, from which | trust we
a-e separated by long tract OF future time.n-
Thus, then, the Constitution called upon them 10
reject the motion indefinitely to postpone Could
any reason be shown why that House should re-
fuse to hx day for the going into this eec,on7-
lie contended that the people had demanded that
they should proceed TO the election In his own
District the issue Of Roane no Roane was az the
last Spring Election distinctly made, apd that gem
tleman in that District, where he was best known
and most popular, had been defeated. The cues
ton was brought distinctly before the people, and
they decided by their votes that The election should
take place-West Of the Blue Ridge the parArs
had banners on which were inscribed "Roane and
Mason" The Richmond Wing Of April I'd, said
"there is every prospect Of the Wings carving
counties enough IN the Spring to secure n majority
on JOINT ballot and thus next winter restore Vir-
gnii 10 her ancient reputation in the Senate of the
U. Statss by the election Of VIM. e. Rives and John
j. Aleu- Of some other citizens Of ability and true
State Right doctrines" In very stirring appeal
70 the voters of Virginia, tho Editor Of the Endu-
rer said, IN his paper of 2lst April $780, which he
stated might be the last number that would reach
some Of his readers before the election, "you have
gained more voters than you have lost, and if you
turn out, you can carry the State and secure the
two United States Senators next winter-go forth
then, and do your duty" Ia the same paper Of
the 29th April, after the election, the Editor, not
having heard the whole vote, but being in posses
sion Of facts enough TO make his bed any thing rnth
er than bed OF roses, said; "Beaten. how 6eaten1
we may lose the Legisature-Wm. &. Rives may
receive his sheckles Of silver, and a rampant Fede-
rast may be associated with him in the councils Of
the nation" The Richmond Whig Of April 3Otb
thus speaks 1--WE proclaim IL l--Virainia has
hoisted the Harrison flag, and two Senators will be
returned to the Senate ofthe United States.n The
same paper Of May 9Th, said: "a majority OF the
Legislature is Why, which secures two Whig Sen
atofs next winter" Thus, then, the question had
been fairly brought before the people, by them had
been decided, and he did trust that the Senate