Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-04-15
spEecn OF MIR. BAPTIST,


ton OF Senator to the Senate oil the United
States. tosupply the vacancy which will be occa-
cioned on the lth day OF March next by The eX-
piraliop Of the term OF service oil William y.
Riyes, Esq, being called up,
The following is the substance OF the remarks
of RICHARD II. BarrIsT. the Senator from the
Mecslenburg and Halifax district, OH that occa-
sion:
alone Sir, saould no. address the Senate on this
occasion. Nothing, | assure you, but an i'm
FERROUS sense of duty-yes, Sir, a duty which
owe alike 10 myself and TO a conhding cons,iu-
ency, whom have the honor 10 represent upon
this foor-could induce me at this time 10 throw
myself on the indulgence OF the Senate In The
remarks which til my intention 10 submit 10 Inc
Senate on this OCCASION il is not my design 10 m
'ulge in spiri, of acrimony and inrective, but
in feelings Of entire respect and courtesy LOT Inc
opinions OF Senators on all sides oil this Senate
Chamber, who may differ with me on The SUBJECT
have not the vanity TO believe, Mr.. Speaker
that shall be able 10 change the opinions OF Sc
majors; but do hope, sir, shall be able 10 state,
in the course o. the argumen, am about TO sub
nit 10 the Senate, some views which may at least
seem plausible, tn those differing with me, for the
course which it is my fixed purpose and delermi-
nation 10 pursue in regard 10 this election. IL IS
known 10 yon, Mr. Speaker, and 10 the Senate,
that in regard TO the al.absorbing and all-impor-
tant question presented by the resolution before
the Senate, occupy position differing from
portion Of those Of the Senate with whom II mas
generally been my pleasure 10 act on The various
political questions of the day. The question in
volyed in the resolution which the Senate are
called 10 decide, IS, wheiicr is lie duty Of he Le-
pis'ature OF Virginia 10 elsct Senator to the Sc
Aaie OF lie United States, ami II ii IS actcn IS that
dutu TO be perjormcd-and oRgh The Performance
ofttc duiy 10 be made 10 depend on the political
eomplezion of the parties constituting me Hr0
Houses Of the General issemtfW
Mr.. Speaker--I SET out with the maintenance
of this clear and plain proposition, that the obi
cation 10 cleo, U. States Senator cannot be made
10 depend ON the within and caprice the Legis-
ia,ure 10 be governed by circumstances but is a
solemn duty of binding obligation-this, think,
can be demonstrated, both by reference to reason,
precedent and the Constitution. BY reference 10
reason, would enquire, if this beautiful fedora
tive system of Government which was the re-
suit of the combined wisdom OF the illnSlrlous
statesmen who framed ii, was established only 10
wilher and decay? Have our Republican insll-
lulions, which have been the admiration oil all
civilized nations, been reared and nurtured only
10 diel Or, must not the Government OF The United
States rest on the broad basis OF tue purity, comb
dence and good faith OF the people2 In vain has
the Cons tuition Of the U. States been adopted
and ratified By the several States constituting this
Confederacy in their sovereign political capaci-
"; in vain, Mr.. Speaker, has this beautiful tede-
raliye compact been entered into between the seve-
raj States in their political character TO The support
of which they are bound By ties oil The most en-
bearing and lasting endurance, il the election OF
individuals 10 the various departments OF Govern
ment, 10 keep ii in full and vigorous operation,
and advance the designs contemplated by its wise
itc ctahl iSh n amend
.riim and caprice Of the Legislature, or the Pscn-
lar complexion OF the Two political parties con-
s,i,utins the Two Houses Of the General Assem-
bly,
By reference 10 precedent, MIR. Speaker, l think
| am equally borne out in the position which
have taken, and in support OF the proposition
am endeavoring 10 establish. On reference 10
the history OF Virginia, in all previous action on
The subject it will be found, that IL has been the
constant and uniform practice OF her Legislature,
from the earliest period OF the Government 10
agree 10 a resolution for The election of Senators
in Congress during the session preceding the ex-
piraion of the term of service OF the incumbent
On reference 10 the journal OF the House OF De-
legates Of the session of l7oS, Immediately pre-
ecding the period when the Federal Government
went into operation, it will be seen that The Lee
eislature of Virginia elected Richard Henry Lee
and William GraySon as Senators 10 represent
the Stale OF Virginia in The LIST Congress, which
commenced its first session on the 9TH OF March,
1899, and they took their seats accordingly and
! have no, been able 10 find, in all my researches
on the subject, single instance OF departure
from this course, in agreeing 10 resolution Tor
the election Of her Senator'S during the long peri
I'd intervening between The establishment Of the
Federal Government down To the present time
The authority thus afforded by the long and con-
fiuuous line OF uniform precedents, and the CO.
lemporaneous exposition and construction thus
given BY the constant, practice Of Virginia, Is IN
,leel no small evidence 10 nv mind but rather
furnishes ine with satisfactory proof, OF The cor
IectneSs Of the position which have taken, and
lhe truth nf he proposition am endeavorins 10
establish.
Bu.. on reference 10 The Constitution ITSELF it
does appear 10 me, that mol hook can be found
on which 10 hang doubt. beg Senators TO
attend 10 its clear and precise language: "The
Senate OF The United States shall be composed OF
TIA Senators from each State chosen BIZ the Lccis
i1.uys thereof for Sr years and each Senator
shall have one vote" II the Legislature shall
refuse to agree 10 cleo, Senator The present ses
-ionto supply the vacancy which will BE- occasion
"a by the expiration fthe term of service OF Mr.
Riyes on the 4th March next, beg leave to en-
qure, il that clause Of the Constitution, which de-
clares that the Senate of the U. States shall be a
body composed Of tmo Senators from each State,
is not Instantly violaledl because, twill be seen,
that the Senate OF the United States will no Ion
ger be composed or consist of taro Senator'S from
each Stale. The object OF The clause, in obedi-
ence 10 the Constitution, designed 10 represent
The interest OF the States in their sovereign cha
racter, is clearly defeated.
But, if the Legislature shall refuse TO elect a
Senator this session, the same causes may exist
next session TO produce similar result and the
example TINS set may be followed BY other States;
and should this course be persisted in for four
years, il would be evident that there would be only
one-third of the Senate required by the Consttu-
ton in Office astwo-lhids OF that body is required
nv The Constitution to he elected in four years
but this would be no constitutional quorum. and
the startling and astounding result would be pre-
scented TO the American people, of the deslruc-
lion OF that branch of The legislative department
Of the Federal Government which is the repre-
sentative Of Stale sovereignty, and consequently
an interruption Of The action Of the Government.
This principle Of The refusal OF Z Legislature 10
elect Senators 10 Congress, is the huttiihs al n
voluton, and tends 10 the overthrow oil Tie Con
slitution.
But further, beg Senators 10 observe, that
The Constitution requires that Senators shall be
chosen for SIT years. Now, has the Legislature
The rishttul authority, under the Constitution, 10
postpone the election of Senator, and thus
shorten his term Of service? The Constitution
declares, that he shall be elected for six years
ana refusal 10 elect would clearly violate this
provision, inasmuch as he would mol be chosen
for six years, as required by the Constitution, but
Tor Whatever portion of the term which remained
unexpred Al The time the election was made, (as
the next constitutional term OF The Senator will
commence on the 4ih March next, land thus
would be shortened The constitutional term of SER
vice OF the Senator, which requires him 10 be
chosen By The Legislature for sir years. and this
palpable change oil the Senator's Term would be,
in tact, effected BY the deliberate action of the
State Legislature. emphalically enquire then.
il the Constitution allows the election Of Sena-
tors to depend on The within or caprice of the
State legislature or, does it not most clearly i'm
pose on them solemn duty OF binding obligation?
But it may be urged, that one instance can be
shown in which the Legislature failed 10 make