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
But it is admitted that a _temporary_ delusion may possibly exist
among the people, which may induce the House of Representatives to
pass acts so dangerous that it may be necessary for the Senate to
“_suspend_” them. “But the _deliberate_ sense of the community, ought
and ultimately will prevail.” And yet a Senator has _power_ to defeat
this deliberate sense, as well as the _temporary_ errors and
delusions. He may _suspend_ a good act, or he may fail to _suspend_ a
bad act. He may not only not concur with the House of Representatives
when he ought, but he may concur with it when he ought not. Shall we
have no “capstan and cable” to draw up our anchor in the one case, and
no power to throw it out in the other? Must the temporary delusion
prevail over the people's rights for six years, or the deliberate
sense be delayed its healthy action for six years? Either question may
be of vital and immediate importance. The single vote may saddle us
with an enormous bank, with a controlling capital and an unlimited
charter, or an oppressive tariff, which could not be repealed without
ruin to many, or continued without ruin to ourselves. The temporary
delusion may be a spirit of fanaticism, which may annihilate at a
single blow, and forever, political peace and domestic happiness in
half the Union, and yet the Senator may be infected with the
contagion. A judgeship for life, or boundless wealth, may warp honest
opinions, or buy up bankrupt profligacy. In short, a Senator may be
sometimes wrong as well as the House of Representatives and the two
branches of a State Legislature, and if he is a despot for the time of
his election, he may do infinite mischief:—if he can be controlled by
his State Legislature in particular votes by special instructions, he
cannot do much harm, and may do as much good as the wisdom of his
state, which is wiser than he is, will permit. Mr. Madison, when he
spoke of the _interference_ of the Senate, never could have meant to
characterize the solemn and deliberate acts of a _State Legislature_,
as the _temporary errors and delusions of the people_. Besides being
too accurate in his language for this construction, he could not but
believe that instructions would convey at least the best judgment of a
majority of the Legislature. And he could not suppose it necessary for
the United States Senator to protect the people against the best
judgment of their own Legislature. The State Legislatures, in
practice, possess the sovereign authority of the State; they make
laws, and dispose of our persons and property; shall we appeal from
them to their creature, the Senator, for _protection?_
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