The southern literary messenger, Vol. II., No. 7, June, 1836Various
History
The southern literary messenger, Vol. II., No. 7, June, 1836
Various
American literature -- 19th century -- Periodicals
But this great man and enlightened statesman, jealous enough of the
rights and liberties of the people, does not stop here in explaining
the uses of the Senate. It is not the passions of Legislatures only
that are to be guarded against by the conservative power of that body.
He thinks that it “may be sometimes necessary as a defence _to the
people_ against _their own temporary errors and delusions_;” he justly
applauds the _salutary interference_ in critical moments, of some
respectable and temperate body of citizens, “to check the misguided
career, and to suspend the blow meditated by _the people against
themselves_, until reason, justice, and truth can regain their
authority over the public mind.” He considers the Senate as “an anchor
against popular fluctuations;” and he certainly never imagined that
the capstan and cable were in the hands of the State Legislatures, to
remove the anchor at their pleasure. He truly says, that in all free
governments, the cool and deliberate sense of the community ought and
_ultimately_ will prevail; but he did not believe that this cool and
deliberate sense would be found, on the spur of the occasion, in a
popular body liable to intemperate and sudden passions and impulses,
and the seductions of factious leaders. It was to control and check
such movements, and not to be controlled by them, that the Senate was
constituted; and to check and suspend them until the deliberate and
cool sense of the community can be obtained; which, when fairly
ascertained, will be recognized and respected by the Senate as fully
and certainly as by the Legislatures of the States. The members of
these Legislatures have no means of knowing the public sentiments,
which are not equally open to the Senators; nor are their inducements
to conform to them more persuasive or strong. Mr. Madison goes so far
as to say, that as our governments are entirely _representative_,
there is “a total exclusion of the people in their collective
capacity, _from any share_ in them.” If then, the will of the people,
declared by themselves, should not move a Senator from his own
conviction of his duty, when he believes the act required of him is
contrary to that duty, and such is the constitutional right and
obligation of his office, shall he be driven to a violation of that
duty or a relinquishment of that right, by a second-hand, doubtful,
equivocal, and, perhaps, false, expression of that will, by and
through an intermediate body, no better informed of the cool and
deliberate sense of the community than he is himself—no better
disposed than he is to satisfy the public sentiment, and not half so
well informed as he is of the tendency and consequences of the measure
in question?
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