The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-10

ty consider il an ei aston Of thu question: shat
low attempt 10 AVOID ne. object to Il as the IN
reduction OF evasvc system Of leg station, beneath
Us as statesmen. pronounce II an herma phroie
nondescnpt, which, II human ingenuity coald enbody
into orm might vie with the gIotesque image In
Chinese idol mandatory. have read again and
again | have tried TO consider II seriously. have
tried 10 look upon il grave legislative production
| ieel that,
To laugh want Of goodness and of grace,
But to be grave exceeds all power OF face"
And, sir, must confess that looking upenil in iis
various lights and bearings with all Is askIngs ana
presumngs its yicdings and endorsements ITS grant
ing disens and assuming assents, even though have
iell molnenary glow OF Indignation al the insult
offered to the States | never nave yet been able 10
read this section without feeling my isibe faculties
rIeslsubly predomlnatng all other emotion
Ihis sir, is the celebrated compromise, which has
been headed forth TO the nation the sovereign pa
nacea, the precious balm fortunately discovered,
which is 10 work SO miraculous upon the
siiutional infrmes affecting and the people, Let
us analyze the section
You first say that branches shall be established,
eih the assent Of The States. YOU then say that the
stats shall at 'ihe first session OF the Legislature
held alter the passage Of this act Internationally
sem dissent. You then say that il lh,y remain
mute httr assent shall be presumed; and then you
say that whether they dissent assent, you will,
when Congress thinks proper force them Ia take
branch, whether they like IT not Nov, sir, what
KIND Ut legislation is ihlsl You assume 10 be most
wise aud learned physician. The congressional doc
Tor obiiues himself the sick chamber Of State,
he says, have remedy for your disease; per-
sons have been foolish ulh think very bluer
pill you are al liberty take IL, not, you think
proper: leave IL to your discretion but il you 90
not answer IN one minute, by this watch shall pre-
sumo your assent; but whether you dis emit
Will force II down your throat at all events Why
sir yon bad better not consult your patient all just
walk IN, uncer moniuusly and cram yuuI bolus down.
even though he should make WY lace about it,
One gentleman, IN defending the clau presuhing
the nj OF the States from heir fa dissent
sad IN debate, that silence gives CONSENT especially
IN affairs Of The heart. But suppose that the lady
has bad cold, and cannot answer your fe.decldng
question:. Or, suppose that she coy, undecided
the subject aud wishes time reflect or to consult
the famllyi Would It he fair, from moments ST.
lence, TO presume consent drag her to the altar; and
ere she could recover from her SURPRISE your congress
slonal chaplain pronounces you one, for better Tor
worse}
fyou going to ask the assent Of the States give
them their own time 10 return you Treat
them as States should be treated, with respect leave
TO them an unconditional and free exercise of thought
and time for decision. If you think It expedent to
ask their assent and convinced Of right and
the good policy Of establishing branches without their
Consent do 50 IN manly manner Lei us have
thing the ether eIiher insert the emanang
IRON the Cabinet, PLAIN and intelligent proposltlnn
or else assert your power and give The bill draft
ed by the Senator from Kentucky. But in the
OF every thing like fairness, openness, and cantor,
strike out this section OF Contradictions
Sir, is there Wing upon this floor who rise
and defend this amendment principle l. there
one that will intimate disposition to do when he
obtains the fl ,or? Not one, sir. know il must be
SO. l. there gentleman this floor entertaining
constitutional scruples who will say that this amend
ment satisfies those scrupes Not one, sir. Then
why insert this amendment if II peases no one.
will not, Mr.. Chairman, undertake TO examine
the conditions Of the State Legislatures general
~ | will merely say, that every election winch has
taken place r members Of the Legislature, has
been decided upon without reference to this question
and which by this bill you say they must decide :!
Their first session. Indiana, for instance held her
elections last Monday; questions of State bonds in
lernal Improvements, county seats revenue laws,
thousand oher issues made and yet word
atye to this important matter has been said because IL
has never been before the people. And yet .,ou say
that the frs, Legislature decide. have doubt
OF the decision of the people of that Stale, il they
were asked whether they would take branch of the
bank. The Legislature invited the late bank to
establish branch within the State although some
doubt existed whether the Constitution of the State
permitted it. could say something abuu, the peculiar
condition of other Legisatures- the House one way
the Senate the oiher-the Legislature Thu king one
way, and the Governor another should like sir, 10
spend some time IN examining the constutIonaty of
this section which in ites the States pass law,
JOINT resolution, and then by the power OF Congress,
annus that Of State legislation. But | have not
time. hope some other gentleman will Investigate
that matter. see by The clock that my hour al
most come. ! must hurry on To another subject,
which regret 10 say was, in my OPP mon, introduced
into the House at very improper tine, and in very
bad taste | allude, sir, TO the subject the
power What had il to do with deliberations p
Why was lecture read to the President in the first
speech made in this committee, by the Chairman of
the Finance Committee (Mr. Sergeant) To say
the least Of 1t, think it quite indicate, and cacu-
lated to do no good. But, sir, before examine the
doctrines land down by the gentleman from Penhsyl-
wanna must notice the remark Of the gentleman from
M RptGl 10 th.tt b. liant
had no right as President, TO have an opinion on his
subject that he had no right, President, TO have
even thought about the matter. Why ask again,
ale these gentlemen sollctous 10 Impress these doc
'rlnes on the country at this time There be
an object Not knowing that object, deny the ground
taken by both those gentlemen The President has
right to his opinion 1t | understand the Constilu-
Ton, he is coordinate branch of the Government
he is part Of the legislative power; he has right TO
give his assent, or withhold his signature from any
bill, accompanied by his reasons. The gentleman
from Pennsylvania went still further, and placed the
President on a level with marshal bound 10 execute
the orders Of court And he further, III mar
shall bound to take he Const, efTectuaily
settled, the President" Sir, this is strange
doctrine uttered in strange season, aud shall met
IT. aso by quoting the language OF General Harrison,
III his elIer to Shcrrod Williams, when questioned
his opIniono OF the proper exercise otthe power:
But there is aprncple, recognized by all the Anne
rlcan Cons tutohs, which was unknown to all the
ancient Republics They all ach nowedge RIGHTS IN the
minority VIII oh cannot righiuy be taken from them.
Experience has shown that, large nblles these
rights not always respected. IL would be in
that they should be enumerated and respect for them
epjoined in The Constitution A popular assembly
under the influence of that spirit of parry which al
ways dscovefable in greater or less degree all
pubIcs might, and would, as il was believed, some
tunes disregard them To guard against this DAGGER,
and to the rights Of each ndi, dua the .xpe-
ent of creating department. Independent Of the
others, and amenable only To the laws was adopted
SECURITY was thus gwen against any papable violation
II the Cons ulipn, TO the injury Ut individuals OF
minority party. Blu, II still possible Tor wiu