Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1843-02-09


, MULTIPLICATION OF THE CONSTITUTION
J The theory of Notification, as applied
by State Legislature TO laws Of the Uni
} ted States, is sufficiently offensive 10 COM
practice, BY the same bodies, Of attempt.
ing to nuhiy the Constitution itself, by
ordering Senators Of the United States to
resign their seats before the expiration Of
the terms for which they were chosen.
The theory in the latter case is so much
more mischieyous than in the former,
from its attacking the sensibliiies Of iDdi-
ylduals, heretofore too apt to assist the
purpose OF the Nulllfers by yielding
to assertions Of power which, without
such yielding, would be lmpotent and ri
dculous merely whilst in the lormer
case the theory can never be reduced to
practice SO long as an independent judi
ciary continues to constitute the safeguard
of Liberty and the Laws. For this ''cou-
stiutonal fact" may We never forget our
obligation to those great aud wise mn
who called this Government into being !
The pretended right OF the Legislature
OF ary State to order the Senators sem,
to the Congress of the United States from
such State to resign, is equally Inconss-
teEt with the letter and tho spirit of the
Constitution, and is, wherever asserted, a
fragrant invasion OF one OF its most sacred
principles.
"Fhe Senate of the United States"
says the Constitution, 'shall be composed
OF two Senators chosen by the Legisla-
ture thereof;" and, when the Legislature
has "chosen" these Senators, j, has moth
ing more to do with them. These Sena.
tors, says the Constitution, shall be "cho-
sen by the Legislature FOR SIX YEARS"
This feature, The duration of the term Of
service, is vital principle ofthe Senaito-
rial office. To abbreviaic il, 10 obsruct
its execution, 10 cut it down froui six
years to three years, to two years, or
to my other term shorter than six
years, by any political invention er CON
trivance, is direct violation Of the letter
OF the Constitution. Nor less obvious is
it departure from lis spirit.
The Constitution OF the United States
was the offspring of experience, by which
the ineficiency and inap,tute Of the Old
Confederation had been conclusively de-
monstrated. Greater durability was per-
ceived to be necessary element in the
| Government, to give stability to lis policy.
| 1t was for that reason that tho Senate was
established, and that an independent eris.
| tence for SIX years was given TO the Sena-
torIal Office, as it was also, but for
shorter term, to the Representative Office.
| The Delegates 10 Congress under the Con-
| federation were appointed annually, "with
a poaoer reserved 10 each State to recall its
Delegates, or any of Them, al any time
,oithin the year, and send others in their
stead for the remainder Of the year. p
The trainers of the Constitution for the
government Of this Union took care to
enetvate it by 10 such absurd and i'm
practicable provlslous 10 get rid Of
which, indeed, was the main object of the
Peoplei in changing their form of govern
ment. Nothing can more clearly mega.
tive the pretended right in the States to
instruct Senators out of their seats than
the absence from the Constitution of the
provision by which such power in re.
gard to their Delegates was not implied,
inherent, or constructive, but expressly
''reserred to the States" by the old srti.
Giles of Confederation.
Our attention has been attracted anew
to the heIesy of this doctiine by the pro-
ceedings in the Legislature Of Virginia,
within this week, by which series of
resolutions was passed without debate.
''insiructing" The Senaiors from that State
to do divers things; which resolutions
are prefaced by 'solemn affirmation"
Of the obligation of the said Seniors 10
obey or resign their seats. If there can
be any action ola State Legislature more
entirely out of the line of its political duty,
or more repugnant to every notion Of
moral right than this, we Cannot imagine
It, unless the same Legislature were TO
order the House to recognise forthwith its
paramount authority over their proceed :
ings, or forthwith to break up and go home;
which would, however, be scarcely great.
err usupation OF power than that which
the Legislature, in passing these resou-
tons, has actually attempted.
! An incident that occurred in the course
of the proceedings on the resolutions in
the House Of Delegates shows the power
of rldicule, when apily used, as test OF
the truth. After passing all the resolu-
tions out the last, (orderng the Senators
to use all proper means TO repeal the
Bankrupt Law,) one of the members
moved an amendment thereto, 10 the el-
feet that ga committee of the House be
annually appointed to 90 TO Washington
to superintend our Senators" Though
this amendment is in no respect more
open to objection than the main PROPOSE
tons affirmed by the resolutions, (oi the
right to instruct Senators, and their duty
TO obey,) yet placing the pretended pow.
or Of the Legislature in new and start.
ling light, it produced "great confusion
in the House, which prevailed tor nearly
an hour" and at last was only ended, ap.
parently, by the movers conserving to
withdraw the amendment.
HoRRIp DEATH.--A colored mar
named Charles Van, resident Of this Dor.
ough, says the Chester Pa Republican
died on Sunday week last from the effect,
r a I 4 A