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
The national-government-men contended that the states would have too
much power—the states-rights-men that they would have just enough for
protection—the ultra states-rights-men that they would not be
sufficiently protected, because there was no means of controlling a
wilful senator. Without the right of instruction their disputes amount
to nothing. The first class ought to have been satisfied, for they
lost nothing; the second class ought to have seceded as they
threatened, for they gained nothing; and the third class was guilty of
the folly of asking a remedy for the violation of a right which did
not exist. They were all mistaken—all wrong, and ignorant of what they
asked and what they accepted, and we of the present day can see their
errors! There is nothing new under the sun. The {687} question we now
discuss is the same under a new name which was discussed in the
convention. A question of _power_ between states and general
government and large and small states. What was lost in constituting
is to be regained by construction. What _states_ refused to give up,
is to be cozened out of their _agents_. In all the conventions
however, our misguided ancestors considered the senate as the last
remnant of the federative features of the old government, and that
senators represented distinct sovereignties, and were on the footing
of ambassadors or the members of the old congress as to their
constituents, and only legislators as to the general government.[1]
[Footnote 1: Of this, abundant evidence may be adduced. _Mr. Ames_, in
the Massachusetts convention, assigned the ambassadorial character of
senators as a reason for the length of their term.
“The senators represent the _sovereignty_ of the states; in the other
house individuals are represented. The senate may not originate bills.
It need not be said that they are principally to direct the affairs of
war and treaties. They are in the quality of _ambassadors_ of the
states, and it will not be denied that some permanency in their office
is necessary to a discharge of their duty. Now, if they were chosen
yearly, how could they perform their trust? If they would be brought
by that means more immediately under the influence of the people, then
they will represent the _state legislature_ less, and become the
representatives of individuals. This belongs to the other house. The
absurdity of this, and its repugnancy to the federal principles of the
constitution, will appear more fully, by supposing that they are to be
chosen by the people at large. If there is any force in the objection
to this article, this would be proper.
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