Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-22

IN SENATE.


Debate on the motion indefinitely to postpone the
resolution from the House Of Delegates, fixing
day Cor the election of U. S. Senator.
MIR. TOD regretted to have again to present him.
self to the attention OF the Senate, but the notice
that had been taken Of the few arguments advene-
ed by him the other day seemed TO call upod HIM
for some reply. He must, however, with due sub
mission, contend that those arguments had not been
in the least degree shaken or refuted. There was
no constitutional obligation TO go into the election OF
n Senator. Section q OF the Constitution, provided
that the times, places and manner OF holding cleo
tons for Senators and Representatives, shall be
prescribed in each State by the Legislature there
Of but the Congress may at any time, 10y law,
make or alter such regulations, except as to the
places Of choosing Senator's" From this clause II
was impossible to gather any thing obligatory upon
them TO GO into the election oil Senator at any par
ticuar time. Congress had passed no law at all
upon the subject; the State had passed no law |;
and the time clearly at the option OF the &C.
neral Assembly. But he contended, that il the Sc
nate or the General Assembly saw fit, they might
refuse TO 20 into the election OF Senator nj ALL
BY article OF the Constitution, 1t was provided
that "the Congress, whenever two-;hrds Of both
Houses shall deem It necessary, shall propose
amendments TO this Constitution, or, on the appli-
cation Of the Legislatures OF two thirds OF the seve
raj States, shall call Convention for proposing
amendments which, in either case, shall be valid IN
all intents and purposes, part Of this Constitu
ton, when ratified by the Legislatures Of three.
fourths of the several States, by Conventions in
three-fourths thereof, the one tie other mode
OF ratification may be proposed by the Congress ::
provided, that no amendment which may be made
prior TO the year 1908, shall in any manner affect
the first and fourth clauses in the ninth section Of
the hrst article; and that no State, without its
sent, shall be deprived OF its equal suffrage in the
Senate" He commended that the last clause of this
section gave the States the power, rather recog
nized the power in the States, TO Withdraw their
presentation from the Senate altogether, and surely
H.. III
TO refuse TO elect Senators at ALL they had the right
postpone such election II they considered that cir
cumstances demanded that they should thus act
He again contended that the Senators were not the
representatives of the States in their political capac-
"; they were not the representatives OF State
regnty, but were the representatives. Of the People
IN their civil capacity, and hence, were bound TO
obey the instructions OF the representatives of the
People. IL they were the representatives of the
States IN their sovereign capacity, the Judiciary and
the Executive branches OF the Government would
have equal right to instruct with the representative
lie contehded that present circumstances called up
on thep TO refuse TO 60 into this election for il would
be much worse for tie People TO be unrepresented
than mlsrepresented in the Senate ofthe U. States
IL had been said by the Wing organ that morning
that they ded not TO refuse 90 into this election;
but for himself, he would state that he was fully
prepared TO take upon himself his full measure of
responsibility, and play this game out TO the erd-
lie deeply regretted that the Senator from Rich
mond City should have made use of expressions
Calculated TO wound the feelings OF gentlemen Oh
posed TO hun in politics. They acted according to
the dictates OF their own conscienees, and he ought
not To have characterized their opposition as purely
factIous. He ought not TO have charged them with
wfuly dISresardIng the provisions of the Constitu-
ton and the sanctIy of their oaths. He further re-
GREETED to hear his attack upon their present excel
lent Chief Magistrate. He had described him as N
dead man, and said that dead men had no party.-l
II the Senator from Richmond City believed him to
be dead, It would have been more magnanmous 10
have allowed hum TO repose in peace. Although ne
should vote against the motion for indefinite post.
into the election,
Mr. LYONS discaimed all intention of saving /
any thing personally offensive TO any gentleman op
posed 70 him in political opinion: and with regard |
10 the remarks made by him upon Mr. Van Buren,, |
they were only made IN answer to the attacks le-
yelled against him, and the party with whom he act
ed.
MIR McMULLEN defended himself from the
charges brought against him, and hoped the Senate
would not consent go into an election il that cleo
uon was to result IN sending a man TO the Senate
who would support an administration of which /
Granger, the Aboltonist, was a member.
MIR PRESTON rose simply TO reiterale the argu-
ments lie had advanced on a former day, and TO re-
ply TO the remarks of the Senator from Matthews
lie should not go at all into the general questions
that had been lugged into this debate but should
strictly confine himself TO the question before the
house-The question brought forward by the Sc
major from Scott, was the real question before the
House; he had moved indefinitely to postpone this
subject, and although some gentlemen had endea.
Vored 10 make the question a mere question of time
and had announced their intention not 10 vote for
the indefinite postponement, yet all their arguments
went to sustain the constitulionaity Of the motion
Of the Senator IRON Scott, and therefore with refer
ence 10 this, the real question at ISSUE he should
address his remarks The Senator from Matthews
had commended that the Senate Of the o. States did
not represent the States IN their political character
Dut That they represented the people of their respec
1--we States IN their civil capacty.-If this were true
what, he would ask gave the federal feature 10 their
Government? Where did IL rest Was il a vital
feature or not ana If il was, where was that fta-
turs TO be found7 The President was elected by
The people at large, maiority of the whole Union
chose the Presidents the House Of Representatives
was composed Of members chosen by the people
oil the States according 10 equal and defined
proportion, and If they struck ont the federal
feature OF the Senate, then their whole Govern
ment rested on the popular majority. II the
Senate did not represent the States in their sove.
reign capacity, where, he would ask, was the Fede-
raj feature oil their Government, and what gave IL
rs federative casU In the first instance il had been
proposed TO elect the Senators by the People, but
MIR Madison had said that that plan would never
do There must be some check 10 the Democratic
power OF their Government-sOme power 10 coun.
terpOise and counterbaance the power in the low
House. To let the entire power Of the Government
rest upon the popular majority, would be to make il
toO lCtuiOCIdlCi uUO therefore, as a cheek, II
finally resolved that the States, in their sovereign
capacity, should elect the Senator's This, MIR Mad
lson hId commended, would be a kind Of fltering
stone through which the popular stream from the
other House would run, ren,.srng il more pure and
healthy, and thus more conducive TO the public good
When the Senator from Matthews asked them 10
regard the popular voice, as expressed IN the late
PRESIDENTIAL eleclion-when he denied uat the Sc
majors were the representatives of the States in their
political character he destroyed the Federal feature
IN their Government, and broke up that Fl ter which
had been so wisely declared the instrument TO rem
l'r the stream OF legislation more pure and healthy
But the Senator from Matthews had contended thst
The States might give up their right to epres ntaton
IN the Senate altogether, If they thought fl, and
consequently, that # they had the right to felin.
quish that right altogether, that therefore they could
II for a samller time. The third section
Of the Constitution declared that che 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 ono
vote" and the next clause went on 10 state that
Immediately after they shall be assembled in con.
sequence OF the first election, they shall be- divided
~ equally as may be into three classes. The Sc as
of the Senators Of the first class shall be vacated al
The expiration Of The fourth yeir, and Of the third
class nt the expiration Of the sixth year 90 that or
hrd may be chosen every second year; and IL vacan
ces happen by resignation or otherwise, during the
recess cfthe Legislature Of any State, tie Executive
thereof may make temporary appointments until
the next meeting Of the Legislature, which shall
then gu such vacancies. Now, what was the mean.
ing Of these provisions Of the Constitution. and
what was the intention Of the founders Of the Con-
suuuon They first enacted that the Senate shall
he composed Of two Senators from each State chos.
en- ~ the Legislature thereof for SIX years, and