The Southern Literary Messenger, Vol. II., No. 11, October, 1836 — John Shaqi
The Southern Literary Messenger, Vol. II., No. 11, October, 1836Various
History
The Southern Literary Messenger, Vol. II., No. 11, October, 1836
Various
American literature -- 19th century -- Periodicals
When the first and fatal blow was stricken at this system by giving
the election to the Legislatures, MR. MADISON'S hopes of a national
government, entirely distinct and independent of state governments,
were at once prostrated. Then he used the language quoted by Judge H.
“We are proceeding in the same manner that was done when the
confederation was first formed. Its original draft was excellent, but
in its progress to completion it became so insufficient as to give
rise to the present convention. By the vote already taken, will not
the temper of the state legislatures transfuse itself into the senate?
Do we create a free government?”
Our distinguished opponent asks what would he have said, had he known
that a right of instruction would be claimed? He could have said no
more—indeed he could not have used so much force without knowing it.
How else can the _temper_ transfuse itself? Is it only by an election
every _six years_, leaving the senators independent in the interval?
Would not the legislative _nominations_ have _transfused the temper_
quite as effectually? The legislatures would only have nominated those
who concurred in sentiment with a majority of their members; and all
that the house of representatives would have done would have been to
elect the most moderate, if they differed, and the most violent if
they agreed with the state legislature. The difference between the two
modes, as to the transfusion of temper, was almost nothing without
instructions, but very great with it; and as Mr. M. seemed to think
the amendment almost annihilated his scheme, we must suppose he
objected more to the incidental right of instruction given by the
vote, than the principal right of election from which it flowed.
Notwithstanding Mr. M.'s strenuous opposition, the change was made by
a vote of _nine states to two_—thus evincing a decided determination
in that body to enable the states to defend themselves, and _transfuse
their temper_ if necessary. Judge H. tortures Mr. M.'s objections to
the new system into an evidence of ignorance of one of the most
important consequences of that system, without a knowledge of which,
his reasons would have been of little force, and his fears utterly
without foundation.
The clauses which the Judge quotes in the fourth resolution, were left
in their original form by the advocates of state power, in the first
consideration in committee, being satisfied with their great gain in
the mode of election; but they were afterwards stricken out, being a
part of the scheme which had been rejected, and inconsistent with the
spirit of the amended resolution. The proposal and subsequent
rejection of the express terms of senatorial _independence_, prove
that the convention disapproved of the idea; but Judge H. quotes it as
evidence of “an intention to make the senators equally independent of
the several states and of the United States.”
Public-domain text, read in full here on John Shaqi.
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