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
This new theory makes every resigning senator responsible for _all_
(or none) of the unconstitutional acts of his successor. MR. TYLER
must bear MR. RIVES' expunging sins, to avoid which he resigned; MR.
LEIGH must suffer if his successor establishes a bank or other form of
monarchy; MR. TAZEWELL is responsible for MR. RIVES' vote on the force
bill, and MR. RIVES for MR. LEIGH'S vote censuring the President, to
escape which he resigned. Political parties have been censuring the
wrong men. This new light, like an ignis fatuus, will lead them into a
direction opposite to the one they wish to pursue. The incumbent is
never {691} responsible when his predecessor has resigned. Resignation
in a senator is at all times as criminal as desertion of his post by a
sentinel, and when he is succeeded by a senator of different opinions
(which he cannot prevent) it is equivalent to treason. To what a
labyrinth of error are we led, by forcing reason to follow a foregone
conclusion?
Let us examine it. Because senators are sworn to protect and defend
the constitution, if they quit their posts and thus make room for
another who may, or certainly will violate it, they themselves violate
their oaths, their duty and the constitution. These are Judge H.'s
premises. But Mr. Tyler's resignation was of such a character,
therefore he violated the constitution. But any senator who will ever
violate that instrument is not a fit guardian for it, and ought
instantly to resign. Mr. Tyler did so, therefore he ought to have
resigned. Then his resignation was right because it was wrong!
Again. Mr. T. violated the constitution by resigning—not by the act
itself, but by enabling Mr. Rives to do it; but the guilt could only
be incurred by one person, by one vote, and as Mr. T. had clearly
incurred the guilt by a previous act, Mr. R. was innocent. But if Mr.
R. did not violate the constitution, and Mr. T.'s guilt depended upon
that, he too is innocent, and _there was no violation because there
was no violation!_ But any reasoning which makes a man both right and
wrong, or the constitution not violated because it is violated, must
be intelligible and acceptable to those who make two persons who come
to “opposite conclusions upon the same case” both right, and only
infer from the difference that some one else is wrong!
Who shall be impeached—who punished under this new doctrine?
Resignation is not unconstitutional, but is made criminal by an ex
post facto act. As the subsequent acts could not be committed without
the resignation, all the guilt attaches to the resigning member.
Neither MR. RIVES or MR. LEIGH can thus commit any sin in propria
persona. MR. TYLER sins in MR. RIVES, and MR. RIVES is responsible,
not for his own acts, but those of MR. LEIGH. This is a roundabout
responsibility with a vengeance, which makes no one responsible until
he resigns, and is beyond the reach of impeachment.
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