The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-04-07
THE NATIONAL ERA: WASHINGTON, D. G, APRIL I, 1859

! The honorable Senator from Ohio, Mr.. PUGH, I
to whom | always listen with pleasure, and, |
hope with profit, gets rid of this very easily,
by assuming it is no case at ALL Well, sir, when
he declared that it was no case, If he had added,
" in my opinion" l would not have contradicted
it would have admitted that he was entirely
and totally correct but when he leaves off that
qualification, and undertakes to pronounce from
his place, cathedrd, that this is case at all,
he simply does what less able men than he some
times resort to; and that is, it is called by To-
gicians, begs the whole question. If this subject
can be decided by positive asseverations, by de-
claring that the case the contestants present is
case at all, it is very easy to decide any ques
ton that might be presented.
But, sir, let me make asseveration, and |
will put on the qualification l will say, " in my
opinion" | say, in my opinion, the sitting mem
bers here have right at all on this floor, under
the Constitution Of the United States. Some of
the honorable Senators on the other side of the
Chamber, and l believe the honorable Senator
from Missouri, assumed that it was right to ex-
punge that resolution, because the Senate had
no right to pass it that they had no jurisdiction
upon the subject; that it was a mere assumption
of theirs, and no power was granted by the Con-
| stitution to the Senate to pass it. / say, by the
very same reason the Senate had no power to
pass the resolution by which they gave the sit
| ting members their seats on this floor. Why ?
| Because, to give jurisdiction to the Senate to
judge of the qualification of members, there must
be an election by the Legislatures of the States
Those are the words of the Constitution and if
| anybody comes here with credentials that do not
upon their face purport to be from the Legsla-
lures of the States, it is a case upon which the
Senate has no Jurisdiction at all. Granting to
the Senator from Missouri all that he claims, in
the remarks that he made, it is just as much of
usurpation on the part of the Senate TO under
take to judge their qualifications, when they did
not come within the words of the Constitution,
as it was for the Senate to pass that resolution
condemnatory of General jackson for removing
the deposits.
The honorable Senator from Missouri COM
plains that attempt is made to make speeches
upon this subject that are to go out and infu-
ence the public mind. Sir, l hope that it may
have that effect | confess that so far as have
any agency in it, that is the object and the end
and the purpose that desire. / believe that the
rights of the State have been trodden down by
the Senate, and hope in God that the people
of this country will arouse, that they will make
themselves heard, and that they will make this
omnipotent and this infallible tribunal, this
American Senate, learn that there is more
omnipotent and a more infalhble power even
than this high body, and that is expressed by
those much-abused words, popular will, popular
sovereignty. do hope and [ do believe, that
the surges OF an awakened public sentiment will
beat against this Senate door, and that they will
be heard The day is not far distant when that
resolution will be rescinded and repealed. The
Senate cannot stand there. 1t is idle to think it,
1t is written in too plain letters upon the face of
the Constitution for it to be blinked or winked
out of sight. In a fancied moment of omnpo-
tence, the Senate may have decided it, in an
hour of fancied infallibility they may refuse to
review it; but l tell you, sir, there is a power
over all; there is power before which omnipo-
tence and infallibility, so long as they walk in
mortal shape, must bend and bow in this coun-
try. If you silence and vote US down, as
have no doubt you will, the only appeal that a
violated Constitution can make, is to the COM
mon arbiter of the fate of us all-public opinion.
To that tribunal this question must go before
that tribunal neither the plea of your omnipo-
tence nor your infallibility will avail but before
that enlightened and that intelligent tribunal
this question must be examined and there will
be judgment pronounced to which even the
Senator from Ohio must bow, if not with cor
diality, with submission.