The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-12-31

of the Constitution, in the choice of Senator's
They were TO be chosen by The Legislatures, and
the Legislature was 10 prescribe the times, places,
and manner Of holden elections for Senators, and
Congress are authorized TO maze and alter such
regulations, except us TO the place. As the Iegis-
lainre may prescribe the manner, il has been con-
sidered and settled, in New York. that the Lcgis-
hlure may prescribe that they shall be chosen by
Joint vote or ballot of the two Houses, in case the
two Houses cannOt separately concur in choice
and then the weight of the Senate is disspaled and
lost IN Tile more numerous vote OF the Assembly.
This construction has become too convenient and
has been too long settled by the recognition Of
Senators so elected, TO be now disturbed, though
! should think, II the question were a new one,
that when The the Constitution directed that tho
Senators should be chosen by the Legislature, it
meant, not the members Of the Legislature Der
capita, but The Legislature in The true technical
sense, being Ne tao Houses acting in their seya-
rate AMI organised capacities, with the ordinary
constitutional right of negative each Others pro-
ceedings, This was contemporary exposition Of
the clause in question, and was particularly main
lained in the known letters Of The Federal Farmer,
who survey cd the Constitution with jealous and
! scru,nlzlng eye"
Here Chancellor Kent maintains that the U. 8.
Constitution requires that Senators should be
chosen by both Houses, acting separately; and tho
only exception, and that doubtful one, is where,
us in New York, the Legislature has provided
by law that the choice shall be made by joint vote,
in case the choice cannot be made separately -.
The attempt must first be made to choose sepa-
rate and lint must fail before the two Houses can
come together
No such case and no such law exists in Tenn
essee. Each House, therefore, has i,s distinct
right, under the Constitution, Of negative on the
other branch and, as far the Constitution and laws
are concerned, the twelve Senators Of Tennessee
who refused to 90 into convention and thus snI,
the Senate to the House in order to choose U. S.
Senators, stand as well justified as the would be in
refusing to go into convention TO pass law which
the Senate had non ,concurred in, but which tho
House insisted on passing, by swallowing up tho
S"nntc in II joint body Of both Houses.
1t is plain, therefore, setting aside all patty pre-
judice in this matter, that the TennesseG Senators
who refused to choose United States Senators in
Joint convention, instead Of being desruclyes or
dl1or5anizers, stand upon the original construction
OF The constitution, in fts purity, aud thai, these
who attempted TO destroy the rights of co-ord-
nate branch of the government, and defeat the true
intent oIthe constitution, are more deserving those
eplthets. The constitutional principle of the sep
arale and distant action of both branches of tho
legislature, in the choice of United State Senators,
who are to represent the sovereignty oi the states
IN Congress, is not to be lightly laid aside to carry
Il party point. Those who have stood by tins prin-
ciple in the Legislature of Tennessee ure more en-
llIed TO respect, MS conseryers Of the constitution,
than those who have attempted, by forced ma
or,y, 10 trample it under foot.
The democratic Senators Of Tennessee had 9TH
or grounds 10 justify their course, in the aemp,
on the other side to elect Senator in adyuucn two
years Of the proper tune, but the constitutional
ground on which they stand, is sufficient of ITSELF
and no man orscnsc, who respects the constitution.
will treat il lightly.