Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. SYLVESTER.--I am an advocate for supporting the dignity of the
House, and to me it appears somewhat inconsistent that we should change
our sentiments in order to conform to the amendment of the Senate,
without knowing the reason upon which they have founded the proposed
measure. No doubt but sufficient reasons have occurred to them, but none
have appeared to this House. If we are to follow the Senate in all the
alterations they propose, without hearing reasons to induce a change,
our time in deliberation is taken up unnecessarily. With respect to any
member of this House who has not taken the oath, I concur that they are
to pay obedience to what the authority of the Legislature may order on
this head. Nay, I am equally clear that the power to regulate the
members of the State Governments in taking the oath, is either lodged
with the Congress of the United States, or nowhere. But, it appears to
me, that the State Legislatures have a concurrent power with Congress in
this regulation, for the officers of the General Government and State
Governments are called upon in the same manner: "The Senators and
Representatives before mentioned, and the members of the several State
Legislatures, and all executive and judicial officers, both of the
United States and of the several States, shall be bound by oath, or
affirmation, to support the constitution." These are the words of that
instrument. The question, then, is reduced to its expediency, whether
it is good policy to exercise the power or not? I am afraid, Mr.
Speaker, if we exercise this power, it may be considered an interference
with the State Governments. I would rather leave them to their
discretion, trusting they would come forward and take the oath; it is
unnecessary for us to intermeddle, if they will conform to what is
directed by the constitution. It appears to me most prudent, that, till
we see a disposition in the State Governments to neglect this duty, we
do not, by law, oblige them to perform it. I wish the Government to go
on gradually in administering the constitution, and not give umbrage
even to its enemies, by a compulsory act, when there appears no
necessity for it.
I could not concur in the amendment proposed by the Senate, even if I
considered it not inconsistent in the House to adopt a measure they had
previously rejected, unless some good reasons were offered to show its
propriety; not but if I have been mistaken, I am always ready to retract
my error, upon better information.
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