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
But upon the Judge's own grounds, what better argument could be
offered against senatorial infallibility, than this violation of the
constitution by Mr. Tazewell, Mr. R. and Mr. T. and the promise to
violate it by MR. LEIGH? Four successive _guardians_ of the state have
betrayed their trust. They have deserted their posts, and left the
constitution at the mercy of the legislatures, as “a rag floating upon
the winds.” What can the legislatures do when thus left unchecked,
unguarded, and the constitution a prey “to wild democracy?” The high
criminality of the senators is enhanced by the fact that he is
instructed by “a majority of six or eight out of one or two hundred,
and he knows a large proportion of the majority to be men of little
knowledge, of strong passions and prejudices, with a servile adherence
to party purposes—men whom he would not regard in any concern of his
own of the value of a dollar,” and in the minority he knows all to be
eminent statesmen. Of what a stupendous violation of duty are these
men guilty? They leave the state and the statesmen a prey to these
vile demagogues in a new election, which the stupid constitution has
put it into their power to make, without the guardian care and saving
disobedience of some kind senator to protect us from their rashness.
The more the Judge exaggerates the crime, the less worthy he makes the
guardian; the more frequent the offence, the less infallible the
senatorial wisdom and virtue. If senators commit these high crimes,
they ought to be controlled by the ordinary guardians of the state—the
legislature. We have now had this crime committed by a senator of each
party in each manner, and promised by a third. Mr. R. resigned when
first instructed by this wicked majority, and Messrs. Tyler and Leigh
_obeyed_. The second time MR. TYLER resigned, and MR. LEIGH promised
to resign, and MR. RIVES obeyed. When senators thus differ, what has
become of the firmness and guardian care and infallibility which was
to protect us? Which shall we follow? One or other of the two has in
every instance, by this theory, violated the constitution. How shall
we act? They are right and we are wrong, but how can we avail
ourselves of the superior wisdom they have developed? What
complexity—what difficulty—what a mass of error and confusion in the
legislatures—what a waste of inexplicable and incongruous wisdom on
the part of senators! Oh that our short-sighted ancestors had so
ordered it that the guardian should instruct the ward, instead of the
reverse!
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