Arkansas intelligencer., 1844-12-21

| L. n. BOOkER.
Gen. HANS SMITH.
LITTLE Rock, Nov. 18th, 1914.
| iGENrLEMEN; Your favor Of the 9th. is receiv.
| ed have complied with your request, by fur
nishing the Editors of the Banner, with a copy Of
my remarks, in the Senate, on the''occasion aud.
ed to. For the very hatterng terms in which
you pleased TO speak of my remarks, owe you
many thanks.
Respectfully and faithfully,
your friend and servant,
HANS SMITH.
Messrs. Croft, BIRNEY, and others.
Mr.. President: am wa rranted by our Octo-
Der State elections. in saying that the resolution
just read is the judgement of the people of the
State of Arkansas, on that subject. ! present it
at this time because the General Assembly are
this day to elect q. United States Senator. And
at the same time we elect him, wish the two
Houses to speak to him and his honorable col.
leagues, the voice of their constituents on the dis
tribution of the proceeds of the sales of public
land. But offer the resolution especially, that
the Judgment of the people of the State of Ar
kansas, expressed through their representatives
may 90 abroad among the people of our Union,
and blending itself with the opinions expressed
by other States the subject, aid in forming The
general judgment of the whole people of our
confederalcd republic on the law of distribution.
The resoI ution' first declares the law unconsti-
tutionaI. Before speak that SUBJECT Mr.
President, will call the attention of the Senate
TO tho history of the convention that framed the
Constitution. In forming the Constitution the
members of the convention Immediately separat-
ed into two parties. The parties were ma arked
and distinct by their principles. They. were the
same that always exist in all governments where
there is any portion of liberty or freedom. The
parties were, the friends of power, and the friends
of liberty.
The advocates of power, distressing the capac-
i.y Of man for lf-government, had no confidence
in the intelligence and patriotism of the great body
of the people. They were for a strong govern
men giving its officers extensive powers, and re-
moving them far from any responsibility 10 the
people. They were in favor of an executive, a
judiciary, and Senate for life. They also WISH
cd for the House Of Representatives to be elected
for a long term Of years, and clothed by the Con-
stituton with great power. The States to be
stripped of their sovreignity, and placed under
the power Of the federal government
On the other hand the friends of liberty, con.
idig in the Intelligence and patriotism of the
PeoPe, and believing in their capacity for self
government, were unwilling to place in the Con.
stitutIen too much power, fearing at some time it
might te abused. They wished so to organise the
government as to have it based on the will of the
people, That all its officers should be held un-
der immediate and st rict responsibility, and cloth
ed with just sufficient power to execute efficiently
the duties of their stations. That the appointing
power, so far as consistent, should remain in the
people. Thai the tenure of offices should be Pc
riodIcal, the tenn short, and the mode ofappont
ment elective. That no power should be
transferred from the people to the government,
than was necessary TO execute its functions to
give stability TO the government, security to pri-
Vate right, and to preserve the prosperity and
welfare Of the people. All power not necessary
Tor 'hese ends they wished to to the States
and the people, .....
ne Constitution which the convention framed
was compromise between tho principles of the
TWO parties. BUTT was satisfactory to neither
party nor to the people 1t established the udcia.
ry on the life or good behavior tenure, in accord
ance WITH the principes of power. 1t was far re.
"'o'eo from The people, and could only be touched
'hrough their agents. The House of Representa-.
''ves was organized on the principles of the friends
OF liberty. The tenure periodical, term short,
office elective, powers limited and defined. The
Senate.ond Executive were in some degree in their
organization compound of both principles.
The Constitution then framed by the conven.
ton was submitted to the people and the States.
Each party entered the contest with all its talents
to defend its principles. In this contest. the
arguments and eloquence in some Of the Stale
coveptions, especially Virginia, formed an epocb
in the history of our country. The people finally
decided in favor of tho friends Of liberty; thew nd
ded 10 The Constitution OF the convention. eleven
amendmnets, the whole Of which was to check. to
control, to qua rd and to limit the no,vers ,h..;