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
His responsibility is removed by obedience or resignation.
If he is “the anchor against popular fluctuations,” it is proper that
like all other anchors, he should be hauled up when a favorable and
permanent breeze enables the ship to proceed; and of this—not the
anchor, but—those above it must judge. And if he hooks his fluke too
deeply in the moorings, it is clear that unless there is a “capstan
and cable” somewhere, he transcends the sphere of his utility, and
does more harm than good by making a temporary stay a permanent
fixture. PATRICK HENRY wanted to give the Legislature power in such
cases to _cut_ the cable; and I think it would be well if such a power
could be lodged with the _people_ in cases of disobedience, or other
flagitious offences on the part of Senators.
But to meet the argument of the Judge fully, it is only fair to quote
it:
“Mr. Madison's second reason for having a Senate, or second branch of
the Legislative Assembly, is thus stated: ‘The necessity of a Senate
is not less indicated by the propensity of all single and numerous
assemblies to yield to the impulse of sudden and violent passions, and
to be seduced by factious leaders into intemperate and pernicious
resolutions.’ If this is true of the House of Representatives of the
United States; if their intemperate and pernicious resolutions are to
be guarded against and controlled by the more sedate and permanent
power of the Senate, how much stronger is the reason when applied to
the Legislatures of the States? Having their narrow views of national
questions, and their local designs and interests as the first objects
of their attention, it seems to me to be a strange absurdity to put
the Senate as a guard and control over the House of Representatives,
and then to have that Senate under the direction and control of the
Legislatures of the States—or it may be, on a vital question, under
the direction of the Legislature of the smallest State in the Union.
Are there no local impulses and passions to agitate these
Legislatures? no factious leaders to seduce them into intemperate and
pernicious resolutions—and to induce them to prefer some little, local
advantage, to ‘the general welfare?’ To give to the Senate the power,
the will, and the courage to oppose and control these sudden and
violent passions in the more popular branch of our national
legislature, Mr. Madison says, ‘It ought moreover to possess _great
firmness_, {630} and consequently ought to hold _its authority_ by a
tenure of considerable duration.’ But what can that firmness avail,
how will it be shaken, of what possible use will it be, if the Senator
is bound to follow the dictates of a changing body, subject,
emphatically to sudden impulses and seductions, at a distance from the
scene of his deliberations, and deprived of the sources of information
which he possesses, and acting in a _different sphere of duty_ from
Public-domain text, read in full here on John Shaqi.
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