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
Surely Judge H.
forgot the dignity and candor of the philosophical inquirer, and in
vindication of a favorite theory, assumed the armor of a partizan,
when he contended, that the faction and passion intended to be
defeated by the constitution of the Senate, would be promoted by
adding additional checks—checks, too, which we cannot doubt were
contemplated as one of the principal means of rendering the check
afforded by the Senate effective. So far from promoting hasty,
passionate, or factious legislation, do not these numerous checks
present almost too many difficulties to the execution of the
deliberate will of the people, which the Judge admits ought to govern?
In doubtful questions, when parties are nicely balanced, a few
recreant representatives, in either of the _four_ bodies, can easily
defeat any measure, however necessary, or earnestly desired by their
constituents. If we suppose with the Judge, that the Senate is to be
entirely controlled by the State Legislatures, then we should have
_fifty-three_ different deliberative bodies, representing the people
in different capacities, and by different ratios, acting upon _one
subject_. No measure could be carried through this ordeal by faction
or passion, and instead of bringing us “back to a simple turbulent
democracy,” we should have the best and the greatest quantity of
checks upon turbulent legislation, of which any country could boast.
If measures thus passed were not wise, it must be because the
intelligence of the country is defective, and not because it is
blinded by passion. The same reasoning applies to the instructions of
any less number than the whole, because the uninstructed Senators must
be presumed to act in accordance with the opinions of their
constituents, and thus whether the instructed members carry their
point, or are overruled by a majority, the deliberate sense of the
community governs. But upon the theory of Judge H., not the sense of
the community, whether deliberate or vaccillating, but the arbitrary
and adverse will of the _individuals_ who happen to be Senators,
disposes of every thing which we hold dear—not only the lives and
fortunes of our people, but the very constitution of our country. If a
_State_ may have “narrow views,” so may an _individual_. If a State
may not wish to be taxed to cut a little inland canal, two thousand
miles off, a Senator may wish an embassy, or a department, or a bank
accommodation, or a federal judgeship. But if the States do have local
views and interests, are they not bound to protect them, and have they
not _equal votes_ in the Senate for this very purpose? Mr. Jay says,
“enlightened policy will soon teach that the interests of the whole
can only be promoted by a proper regard for the interests of the
parts.” If the States wish to oppress others, or advance themselves at
the expense of all, they will be certainly overruled by the majority.
Public-domain text, read in full here on John Shaqi.
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