Daily national Democrat., 1859-02-04

Sho"h as the Know Nothing Society. and say
mere gentlemen, as the phrase goes "withuut fear
OF successful contradiction" that myselfwas an
humble member Of that body. And Twill state
lurt4er that am informed that of the twenty
nVe LecOmpt0n Senators upon this floor no less
than fifteen of them had 'Just stepped in to see
how 1t looked inside the wigwam" Laughter.
do not charge this of my own knowledge, for
must say that never met single gentleman Of
this Senate on the floor Of the wigwam. Laugh
ter What state state as having heard from
rumor. Well, whilst Knownothingism with its
prescription, its grips, its secret oahs, Its mid
night meetings, was laying waste the country,
and bearing down the ranks of the Democracy
where was David c. Broderick thenp Gentlemen
let me ask You earnest LecOmpton men who want
to wipe out lSrOderick, let me ask you where was
lie then, when the Democracy and her battaons
was assaulted by an OverpOwering enemy? When
her columns were shatte red, where then was the
man you prosecute to-day All gentlemen, he
was lighting in the ranks Of the Democracv true
to ITS principles, and true to its organization But
he has committed an unpardunlble sin-he has
voted against the admission Of Kansas under the
Lec0mptOn Constitution A Constitution whose
provisions are so distateful to the people of that
Territory that they upon two occasions voted it
down by over ten thousand majority. That was
the crime that Mr.. BrOderick is guilty Of That
is the head and front of his offending is his
ofense. But | now shall come to the political or
th0doxy of the principles contained in this resO-
luton. But wish TO test my honorable friend
fIom Stlnislaus first. | simply do it to under
stand clearly what his views are upon the prnci-
pies set forth in these resolutions. put this case:
Suppose that these resolutions are not to be de-
teated-they 60 on to Washington, and the hon
orabe David 9. Broderick, yielding obedience to
the wishes OfthS Legislature, resigns. Suppose
we get the news of that resignation before the ad-
journment, and this Legislature in the exercise of
an undOubted right and discretion, elected to the
Sfntn 10 l.
from Stanislaus, Mr.. Holden, the gentleman takes
his certificate Of election and goes on to Washing
ton, and takes his seat. Suppose that next Win
ter, by a new shuttle in the political cards. the
Republicans, as | believe they are caed-the
Black Republicans Shave a majority in this Leg
islature. and pass resolution to this effect Re
SotCed That our Senators i'll Congress be instrnc-
ted to vote for law prohibiting slavery in the
Territories, or that they were instructed to vote
for the re-estabIiShment of the Missouri COmpro-
mise. | now ask the honorable gentleman from
Sanislaus, would he resign under such instruc-
tons
Mr.. HoLDEX-Does the gentleman desire me to
answer?
Mr.. WHEELER Certainly.
Mr.. HoLDEN-l would answer the Senator by
saying that would do as Mr. Wise done in 1856
when he was instructed to vote for measure he
could not support; | would obey instructions or
resign. | would do as Hugh L. White, of Ten
lature and he could not obey the instructions Of
that Legislature resign surrender the gift which
the people had given me back into their hands
would, sir, as Mr. Cass would have done in 1850,
when he was instructed to vote for the Wilmot
Proviso. had not the Legislature of his State re-
scnded the resolution before the time came for
his voting. |, sir, would certainly carry out the
doctrine of instructions.
Mr.. WHEELER-Well, must say the gentleman
is more patriotic than thought he was Laugh
ter. He has answered frankly, and will as
frankly say that would not resign. That's the
difference between us. In the first place. would
not be true, in my opinion, to the party that put
me in power. The party, when they elect a Uni
ted States Senator, elect him for six years and
whenever the vote is taken bY which his election
is secured, that Legislature and succeeding Leg
islatures have no power over him. Why, sir il
was to guard agans these very things that 1t was
Incorporated into the Constitution of the United
States that the Senators of the United States
should hold their office for six years. The object
was to secure to the United States Government,
as Government, a conservative power that should
be free from popular impulses and from popular
opinions that might be adopted without due con-
sideMtiOn. That, sir, was the object of giving to
the United States Senators term Of six years
that they might be free from the very causes and
effects, and operations of any succeeding Legisla
turer happening to come into power upon tran
sient, popular eXcitement-which might ride
in upon the popular swell-perhaps upon some
local issue, and then passing resolution request
ing to resign twas, sir, tn put them beyond
the influence of popular comm0tion for SIX years
that the trainers Of the Constitution adopted into
it such IA clause. Mr.. Madison cites as an author |
ity the Athenans, who had no Senate at all. He
says: "lf we obey the popular impulse, to-day
we would vote citizen the hemlOck, and tO-mOr-
row we would vote him a statue" We all know
that the popular pulse is controlled by impulse
1t was for this reason that United States Senators
were allowed to hold their office for this long
term; that they should be the high conservative
branch of the Legislature; that they should be
men beyond the passions of the popular wave -
They are supposed to be men of learning they
are supposed tO be men of fidelity and truth IL
be men of age and experience, and when once
placed there, the Constitution of the United
States throws around them strong and impreg
nable guarantee that they shall not be disturbed
until the end Of their term six years. But the
argumentin the resolution, that the Legislature
constitutes the immediate constituency of Uni |
ted States Senator is, to my mind, the most per-
feet fillacy. | am unable to understand the logic
by which the honorable Senator (Nlr. II lden) nm
dertakes to sustain that position. am led to ex-
claim, with the celebrated poet, when listening to
that argument Of the gentleman, that
60 In logic he is Il great critic,
Profoundly skilled in analytic,
He could distinguish and divide
hair 'twxt south and southwest side" |
cannot understand the argument or the sense by |
which United States Senator is the Representa- |
tive only of the Legislature. Why, the gentle
man cites the English House of Commons What
has that to do with Il case Of this kind? There is |
no analogy between the cases whatever. The
English Government have but one legitimate
body The members of the Commons come d.
rcctly from the people, and the people are their
immediate constituents; and they (the people,
have a right to instruct their representatives
n II 1 a.. = - 1a-
halls is not the Legislature that elected Mr.. Brod-
erick. / was not elected here upon a Broderck
ISSUE | was not elected here to attend to Feder
al politics came here 10 aid in the framing of
State aws-to carry out local plans and regula-
tions for the government of the State. And
never supposed for Il mument, when was elected,
that had right to censure United States Sem
ator Why, the only argument | can see in the
gentleman's speech is that the United States Sen
atOrs are amenable tn the Legislature because the
Legislature elected them. If that reasoning is
good for anything, then the President Of the Uni
ted States is amenabe tn the electoral cUllege, and
to them only, because they elected him Some
gentleman may answer, why the people elected
the electors. Well, the people elect the Legisa-
ture, an1 if the Legislature had a right to control
and remove United States Senator, why, the |
Electoral College ought to have right to control, |
and cenSure, and remove the President of the |
United States Ii the party in power ID amenable |
only to the power that elected him, then the Su-
preme Bench of the United States is amenable
only to the President of the United States, be-
cause the President appoints them, They are
creatures of his will; he endows them with judi
cial functions he puts on them the ermne of their
offices. Then, according To this reasoning, when
ever the Judges of the Supreme Court make a de-
cislon that displeases the President Of the United
States, they should be censured by the President.
Then the Governor has control of every Judge
he may appoint Why? Because he created them,
and the G0vernori is created by the people: there
FORE this mit'lting has the entire control of the
rar5,,,, ha IN ~ invast With official nowpr Nnw