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
After the vote was carried in favor of the legislative elections,
GOVERNOR RANDOLPH moved to strike out the term of _seven years_, and
make the senators go out in classes, as that body might possibly
always sit, “perhaps, to aid the executive.” “The state governments
will always attempt to counteract the general government.” Requiring
that _body_, as a body, to act with _firmness_, does not imply the
duty of a senator to resist his own state. The arrangement of
_classes_ shows what is meant. That arrangement gave no facilities for
disobedience to instructions, and hence could not contribute to their
_firmness_ in that sense. But the arrangement in classes leaves the
senate always ready to act—“it might possibly always sit”—“to aid the
executive”—to act perhaps against a state which was attempting to
counteract the general government, and the term of whose senators had
expired, and which had refused to elect others. If all the senators
had gone out at the same time there would have been none to act.
GOVERNOR RANDOLPH had tried to make the _individual senators
independent of their states_. Failing in this, he now tried to make
the _body_ as firm and strongly permanent as he could, by not allowing
all to go out at the same time. If his object had been thus to defeat
the previous vote, and render the senators independent, his amendment
would have been rejected. A similar struggle was again raised upon the
question of paying the senators, the length of their term, and a power
of recall, but the friends of the states, and federative principles
yielded these minor points, believing themselves secure in the
elections and instructions and equality of votes in the senate. The
leaving the pay of senators to depend upon the states, was making the
federal _government_ too degradingly dependent upon the states. Not to
have power to pay its own officers, would have left it almost as
powerless as the old confederation, and it was thought, too, that it
would lead to federal corruption, and thus defeat its own object, by
making senators look exclusively to the federal government for honor
and emolument. This would have been an awkward and humiliating check
upon the body, without giving much control over its members. The
example of unpaid parliaments was quoted with effect. We learn, then,
from the debates, that the convention meant the states to act _as
states_ in the senate, in all respects as they had done under the
confederation, except that the senator had power to make a law instead
of a treaty, and his action was final without a subsequent
ratification by his state. They never meant to change, in any degree,
the state power of directing him.
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