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
Mr. Madison is here again providing against a rottenness in the
Senate, which would not only set instructions at defiance, but every
moral and political duty. He says, in effect, “you are afraid of a six
years tenure, but you need not fear that, because at any given period
only one third can have that duration, one third will hold for four,
and one only for two years. Fear of not being re-elected, or a
decreasing interest in the usurped power, will prevent them from
corruption, tyranny, disobedience, and other iniquities. If all were
at the same time tyrants of six years duration, you would be in
danger; but the shortening term of some, and the hope that others will
stay honest, is your protection. The honest ones will obey you from
principle, the corrupt from fear.” This I conceive to be his opinion
written out. For, says Mr. Nicholas in his presence, “we can instruct
them”—and Patrick Henry says, in effect, “If they are bad men they
will not obey—we ought to have a power of impeachment or recall, to
make them obey; the rotation is not in my opinion sufficient surety of
their obedience.” In those days goodness was thought to ensure
obedience, but now it is thought if they are good men, “bound by all
the ties of integrity and honor to a faithful discharge of their
duty,” they will not obey, or need not, because so intelligent and so
good—as if obedience was not the highest duty, or misrepresentation
was the part of a faithful representative.
But let us look to the Federalist as we did to Dr. Johnson, in behalf
of the other party. We find MR. MADISON, as well as his great
coadjutors, HAMILTON and JAY, speaking of the Senate, not as a little
oligarchy, or Holy Alliance of absolute sovereigns for six years, but
as an assembly of the _States_. Measures, says he, will have to be
approved first by a majority of the people, and then by a majority of
the _States_. The States will be interested in preventing this, or
carrying that. Thus again indicating the necessity of giving the
_States_ an influence over the _people of the Union_. Among the
reasons for giving the elections to the State Legislatures, he says it
not only favored a select appointment, “but gives to the State
_governments_ such an agency in the formation of the federal
government, as _must secure the authority of the former_, and may form
a convenient link between the two systems.” The link is formed by the
election, but if the Senators then become independent and firm against
their constituents, what _secures the authority_? The federal argument
supposes the Senator at the moment of his election, to lose all
connection with his State, and become entirely a federal officer,
representing all the United States. If this is true, how is State
authority secured by his election? Mr. Madison's argument in favor of
the Senate, based upon the assertion that every resolution or law will
have to pass first a majority of the people, and then a majority of
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