The Southern Literary Messenger, Vol. II., No. 10, September, 1836Various
General
The Southern Literary Messenger, Vol. II., No. 10, September, 1836
Various
American literature -- 19th century -- Periodicals
Here were two checks proposed by Mr. King to prevent misconduct in a
Senator. The first was a continuing check, and would always operate
upon his conduct, unless he was willing to give his rivals a great
advantage, and would control him if he wished a re-election. The other
was a check in the hands of the Legislature, ready to be applied to
the _prevention_ of any _specific_ act of mischievous tendency by the
Senator, and seems to have no connection in Mr. King's mind with the
first check mentioned. The question put by him seems to imply that his
mind considered this check as positively and inevitably effectual in
any case in which it might be applied. We must remember that he was
arguing in favor of adopting the constitution, and offered a second
check by which honor and duty would control the Senators, upon whom
the fear suggested in the other check would have no effect. But let us
consider them with Judge H. in connection, and suppose that Mr. King
meant to consider the two checks as parts of one whole, and that the
instructions would be a check _because_ others wished for the seat.
This construction would make it very clear that Mr. K. thought the
Senator would be obliged to obey or _resign_, because unless such was
his duty, his competitors for the seat could not possibly accomplish
their wishes by means of instructions. Mr. K. only called the first a
_powerful check_, and not _both_, as the Judge inadvertently says.
With regard to the last, Mr. K. triumphantly asks, “_will this be no
check?_”—as if he considered that as conclusive, and this check
certainly operative in cases to which the first would not extend. It
is true Mr. K. says nothing about the power of the Legislature to
enforce obedience, because they have no such power, but he puts an
interrogatory, which he clearly thinks cannot be answered in the
negative, and leaves the question as if the duty of obedience was too
clear for dispute. If this was not his idea, whence his triumphant
manner? Did any body ever doubt the power of a Legislature to advise
or petition their Senators? Then why parade so paltry and worthless a
right with so much pomp, and as a valuable security to the States?
What good was this right to do those who wished for the seats?
Public-domain text, read in full here on John Shaqi.
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