The Empire County argus., 1854-03-18
Remarks Of Nh BRYAN an the Senate, March 10Th,
ON lie Oo1nfoainI Bill


question: that would be given by the minority
Of the Democratic party upon this floor, why the bill
before should pass and the Senatorial election should be
discuss this question, and am forced to take their published
POSITIONS and those which understood them occupy,
fields for argument to-day Sir. newspaper camor has
been raised and is still persisted in by certain influences il
this by which the majority of the Democratic party
this Legislature have been abused men, who by their
ton are rampng upon the sacred principles of the
Consuton and efaudng the people of their rights That
such charges still made my apology for entering into
question which seems be treated here by Senators upon
ali sides, as one that will scarcely admit of debate.
The apportionment of Senators in Congress from each
sttn a bv The Trainers of the Constitution of the United
States expressly arranged upon its present footing in order
to protect the smaller States of the Mon against the large,
and guard the separate independence of each against the
mere force of the superior numbers of other States. Thus
Connecticut. Delaware New Jersey and the other smaller
States jealous ofhelage population ofVirgnia Mass
acusctts, and Pennsylvania upon the close OF the revou-
tionary war; and ng been independent provinces OF the
British crown, would not in the Union TO- be creaed risk
in the least their independence states The plan OF giving
each state whether small or large an equal voice in the
senate opposed in convention by Mr. Madison and his
colleagues from Virginia, and by Dr. Franklin and his col
leagues from Pcnnsyyaia but the smaller states remaining
firm and refusngto unite in the form Of the general govern
except they were placed upon equal footing in
branch of tho national legislature with all OF the other
states the pont was finally welded to them The effect
this compromise the adoption bv the constitutional
ysnton Of the following clause section Of article ls:
scnat and representatives shall he prescribed III each
by the Legislature thereof but the congress may at any
places Of choosing senator's"
AS an attribute of Sovereignty belonging to each saie
and expressly necessary in guarding the smaller states
ganst the cucrcachmeuts and uIpaiOns of the larger the
times places and manner of eectng senators left to the
satos for il would he well to say that each state had
right 20 the same number OF senators the the states
and yet aow congress in the first instance TO regulate the
time and manner Of the election of her This would
in eject defeat he object cf The constitutions and endanger
the independence OF every state by submitting important
right 70 the votes o congress in which the larger states
Lad great prepondcra1oe in branch OF the national
time and fer the election senators to con gres
has yet and probably viii be nerfered with
by congress except as means of preserving the cassca
on of senator's where the state by law violates that class
iicatiou
As to the sovereign right of each state in fixing the time
and manner of ecng senators to congress- the doctrine is
ell laid down in the contested election case of Potter vs.
Robbins, decided in the L. s. senate in 1884. The real
mGtter IN issue IN that were, whether the legislature
Of Rhode Island. which elected Mr. Robbins had legal
existence not but the majority of the committee il their
report upon tic ease the general doctrine to
tho extent Of the states sovereignty in this matter Mr.
PondeXter, Mr.. Riyes, M. trclnghuyten Mr.. Wright
and Nv Spraguc appointed committee to Investigate
the matter TO whether Mr.. Potter elected by the last
legislature or Ny Robbins elected by the first, should OBJ
tain the scat for which they contoaded in the senate
Mcsss Poindcxer Frclnghuysen and Sprague in their
majority report, use the following language:
The senators from each state equal in number and
cannot be increased or diminished even by amendment
ofthe constitution, without the consent the states respect
yey They chosen by the states political sovereign
ties, Whou regard TO their representative population and
form The federal branch of the national legislature. The
same body OF which possesses the powers of legislation
each state Is alone competent to appoint senators to
refs for the term prescribed in the constitutions In the
performance Of this duty the state acts in its highest sove-
reign capacity and the which would render the
election OF senator vod must be such would destroy
the validity Of all laws enacted by the body by which the
senator chosen"
This, sir, is good Wing authority and was fully endorsed
by Clay, Mangu, Bell, Freliughuysen, Ewing and other
dan ruished Wings OF the L. S. senate But Sir another
feature OF this case is this ttat Slas Wright made the
minority report, yoluminons document and one of the
luSt he ot
deny the propositions of the majority Of the committee
which have just read. More than that Although Mr.
Potter made Of his objections to Mr. Robbins taking
his seat, that the senators in the Rhode Island legislature
held their term and the people had net elected sen
tors with view to filing vacancy in the T. S. senate
yet Mr Wright, Wills asserting Poters right to his scat
does not even notice the objection.
Sir it NOT strange that the great constitutional ex-
Founders in both Of the political parties of the ay whilst
occupied in long and tedious contested election and com
mentng upon this very clause of the constitutions should moi
have discovered to use the language of editors in this
state, that the spirit Of the constitution ramped
and the rights fthe people outraged? That great dis
cover sir has been reserved for own tniesor Cali
orna politicians and the profound wisdom of statesmen in
9ur midst With The advance of age wisdom has grown
80 much with u, th't We actually know more about that
instrument than our humble forefhers who formed it: and
hose shallow potcans who hat been for more on vt,,
years in congress explaining it. How could man obtain
eat in the L. s. senate when the letter CT spirit of The
constitution OF the United States had been violated in his
election! Robbins obtained his scat, Notwithstanding he
elected by the votes Of senators who held over ber
terms and by those chat the people did not elect for that
purpose linen WOutu II not follow fair inference that
VIC can eject being body properly elected and with full
powora, fresh from the people
An unconstitutional election certainly cannot make con-
stutiona senator ana if we eec and senator is able
get his seat in the senate Of tto United States is that not
of itself satisfactory explanation Of the constitution
But sir am told hat many have changed their
ground ppou the constitution and they rely upon this
position that under Of art Is of the Constitution
tie senators 10 be divided into three classes each gong
out every two years, end that il the language Of tb m
strumen $50 that onchird may be chosen every second
year. Now has been said that lie first congress In zinc
met in the yor I1S9 odd year hat each cass ever t
after must be selected in odd year to comply with fhe
constitution. There is sufficient apparent at glance in
the constitution itself defeat this construction If fis
correct state would not regulate tie time but the
Of the Il. :. itself; and il would letro on
rey the force Of that section that gives the state the nor
to regulate tie time ior an election.
But, sir to show more concluvey that this could NOT he
the case there are now FIFTEEN STATES in the Union that
elect Senators to Congress in year If the ,osi
tion then be correct, almost ENTIRE HALF of the mem
bers of the IT, s. Senate improperly holding their no
1t would be strange f the great excitement attending
the election Of Senators from different States this time
no man has been cunning enough to invent such con-
struction.
Georgia, Mississippi Ohio, Kentucky and other States
have boen cocng this very winter, fill vacancies occur
ring when ours does, in 1855 But gentlemen say that
they hare 61cHniG eSi0AS of the Legislature granted
The having biennial sessions of the Legsatiro if tbev
9ect their Senators upon year with ecen number cam
not in my opinion, much strengthen their constitutional
position that il should be Od year. But sir | hove
consumed too much time in treating this question Of nm
election this session. that gentlemen seriously
thought TO be- IN manner revolving to the letter or sprt
OF the constitution Of the United States No man who
PRETENDs to think so As sovereign State the constt-
ton permits US III orr own sovereign manner to conduct
our own interests in the promises.
NOW, SIT, permit me to approach another matter which
has Dcen rIcn oWc Tor Wretchod bombast ustan logic
ana ridiculous defamation. 1t is urged that the precedent
history o other states upon this subject has left the cleo