Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-20
if any such should be made' MIR. Faulkner concluded
with an eloquent peroration Virginia, and his own
relation to certain great questions of public policy in
Which the State WIS nfar ted

relation TO certain great questions OF pubic policy IN
which the State interested.
Mr.. SMITH rdiculed the importance which gen.
temen on the opposite side had attempted to give 10
the question before the Senate, which simply
whether they were prepared to go into the Election
OF Senator on the 18th February. They had
drawn very alarming pictures of ruin to the State
disregard of constitutional Obligations violation Of
the sanctty of oath, and many other fearful
things of similar nature, but had carefully eschew-
ed all reference to the very simple question before
the House-No denied the obligation to go into
the Election of a Senator, and gentlemen need not
therefore have exhausted SO much eloquence and
learning in knocking down phantom of their own
conjuring up. The question was n simple ques-
ton of expedency, and gentlemen had themselves
acknowledged that there were circumstances which
might render it necessary to postpone for season the
gong into this election-Ths had been doe before by
their State, and had been done by others, and yet
no had ever dreamed of charging them with dis
regard of constitutional obligations and violation Of the
sanctty OF an OATH When gentlemen admitted that
circumstances might exist, which might render the
pos,ponement of the Election necessary they must
once that every man must be the Judge, whether
they not called upon 10 make that election.
Even if the motion for indefinite postponeInent prevail
ed, that did not prevent them from going the Eec
ton Of Senator during the present session,
resolution might be originated there in another
place, fixing day to 60 into the eecton-but his
great objection founded in the fact that the Gene
raj Assembly not full that the voice of the
be heard. One county was without Representative
at all, aud the Representative Of another had been de-
clared by Committee not to be entitled to his seat,
and might before the 18th be sent home, and thus his
county would also be dlslranchisod.
| Mr. PRESTON replied to the arguments Of the Sc
nator from CuIpsper- upon the Senate 10 do
their duty enjoned by the Constitution, and place
in the Senate of the United States who would be
found faithful champion of those great principles
dear to every Virgnian
Saturday. February Is.
| Mr.. TOD said he was indebted TO the courtesy Of
the Senator from Richmond City, who entitled 10
the floor this morning, for the privilege of addressing
few remarks 10 the Senate, explanatory Of the
tivcs and opinions which would influence his course
upon the question under considerations privilege
which, in the commencement Of the debate he had
no intention Of awaiting himself Of. He had supposed
that his simple, so plain, and obvious
" just and proper, TO challenge criticism and defy
aninadvcrsion Indeed, he thoroughly salts
fed in his mind, To the soundness Of the prin-
cipes upon which he designed 10 act in relation
the subject, that he had not deemed il necessary 10
make that elaborate preparation which necessary
enable him TO meet, IN proper and becoming manner,
the eloquent and ingenious arguments which had, very
much TO his SURPRISE proceeded from various gentle
men the other side Of the House. Gentlemen Of the
Wing party had evidently prepared themselves,
manifest from the studied character of their speeches,
with much labor and great care for vigorous attack;
and, although he Acknowledged himself 10 be who'll
" he felt II To be his DounGen duty
list in the defence. IL had never been his habit
conflict to retreat, at least, until he had exhausted ali
fair and honorable means to MAINTAIN his position, which
he generally assumed with much caution and he trusted
always with due regard 10 the conscientious discharge
of his public duties. Mr.. T. said it perhaps due 10
himself to say, previous to entering into the argument
of the case that the question not presented TO the
Senate in form most acceptable to him. The motion
postpone had been offered by member Of his party
it true but it had been done upon his respon
ohn,lI ha lodi fnaI dol.
action of the party. He should vote against the
ton, not that involved any principles conflicting with
those which he entertained, md willing to act upon
in the present emergency but simply because he
thought il direct mode of testing the o.
the Senate take the vote upon the adoption rcjcc
ton Of the resolutions; and for the further reason, that
the simple refusal TO concur IN the resolution would
leave no doubt upon the mind Of any Senator as to
the power Of either branch Of the Legislature TO
originate similar resolution, should circumstances
Justify US in going into the election during the
present session. Mr.. Tod did not mean TO ques-
lion the right, even though the motion for in
definite postponcment should prevail. His mind was
perfectly clear the existence of the right to the
fullest extent He aware, however, that other
gentlemen entertained honest doubts on the subject;
and as his object would be fully attained, he preferred
4 course Of conduct which could leave doubt upon
the mind of any gentleman. Having thus placed HIM
self properly before the Senate upon this subject,
he would proceed at TO notice the arguments OF
gentlemen, and reply TO them, as well as his limit
ed time and means Of preparation would enable
him. Mr. Tod said he would not undertake to pur-
sue all the gentlemen in detail who had preceded
him upon this subject. lie deemed IT not at all neccs
sary to full and complete response TO the whole argu
ment which had been advanced in opposition to the
motion then pending rather IN opposition 10 the
principles upon which he intended ultimately 10 act III
reference to the subject under consideration lie re-
garded the argument which had been very ably and
most eoGuently delivered by his friend from the county
,yho of he
sition. Other gentlemen had entertained the Senate
with very eloquent and beautiful speeches but ho
could not perceive that they had advanced any thing
in the way of argument which had not been antlcl-
pated by the gentleman from Caroline. MIR. j. could
not, this point, refrain from paying passing COM
plimcnt the high intellectual powers which had been
dis PLAYED by his friend. II mered tribute, and
thou oh it had been withheld, either by design onis-
sion, he would not say which, by the press Of his own
party came, perhaps, with peculiar fitness from E.n,
who, having been the companion of his youthful
days. claimed to be the friend of maturer years. lie
was proud Of the speech Of tile gentleman from Caro-
line and, although it had failed TO produce conviction
his mind, yet, he was free TO admit, that 1t had
driven him the necessity Of looking critically
into the questions which ingcnlousy discuss
ed a more thorough examination, however, had served
only to convince him Of the propriety OF his course and
confirm his prcconcevcd opinions as TO the consttu-
onal question. 1t had been argued BY the gentleman,
and reiterated by all who had followed him IN tie dis
CUSTOM that the Federal Constitution imposed il upon
us as duty TO 90 this election during this session
of the General Assembly. 1t had been inserted TO he
high and sol1mn duty, the omission OF winch would
amount TO direct in!raction Of the sacred compact it.
self One would almost suppose, from the confsc Of
argument pursued by gentlemen, that the Constitution
had designated the very day fixed upon by the ljonso
Of Delegates that above all others upon which
this great constitutional function was 10 be per
formed. Mr. Tod would not now commit himself
as to whether he would go into this election or not
during the present scssion-A state of circumstances
might arise which would induce his Willingness to do
tEfut this much he would say, and say it unhrsi,a-
tingy, unless it could be made manifest 70 him that in
noing into the election the principles Of Virginia would
be maintained, the long-cherished and well defined
nriucpIes Of Virginia, he for would stand 10 his
arms until oomsday before he would yield his consent
What, said Mr. T., the grounds relied upon By
gentlemen from whence 10 derive the idea of this high
and solemn constitutional obligation; reference had
been made the st clause of the Sd section of the s
article in the Federal Constitution which reads as
foows-'The Senate of the United States shall BE-