The Southern Literary Messenger, Vol. II., No. 9, August, 1836Various
History
The Southern Literary Messenger, Vol. II., No. 9, August, 1836
Various
American literature -- 19th century -- Periodicals
In looking for a support for my opinions upon this subject, I was
naturally led to open the volume of the “Secret Proceedings and
Debates of the Convention,” published from the notes of Chief Justice
Yates. In this volume we find also the information communicated, by
_Luther Martin, Esq._ a delegate to the federal convention from the
state of Maryland, to the legislature of Maryland, relative to the
proceedings of the convention. This communication occupies about
ninety pages of the book, and contains a string of resolutions,
amounting to nineteen, reported to the convention by a committee of
the whole house. The fourth of these resolutions proposed “That the
members of the second branch of the legislature ought to be chosen by
the individual legislatures, to be of the age of thirty years at
least, _to hold their offices for a term sufficient to insure their
independence_, namely, seven years,” &c. There is another provision in
this resolution which shows an intention to make the senators equally
independent of the several states and of the United States. It is that
they are “to be ineligible to any office by a particular state—or
under the authority of the United States—except those peculiarly
belonging to the functions of the second branch, _during the term of
service_, and under the national government for the space of one year
after its expiration.”
Mr. Martin was a decided opponent to the adoption of the constitution;
he was opposed to federal power—a friend of state power—and seeking
every means by which he could restrain the first and strengthen and
enlarge the latter. He especially feared the senate; but he never
thought of this controlling right of instructions by which the states
might direct the federal legislation at their will, and make their
senators, in the language of Mr. Tyler, “mere automata to move only
when they are bidden—and to sit in their places like statues, to
record such edicts as may come to them.” Mr. Martin's objection to the
construction of the second branch of the federal legislature is, that
the senators are independent of the states appointing them. He objects
that they are chosen for _six years_; that they are not paid by the
respective states, but from the treasury of the United States; that
they _are not liable to be recalled during the period for which they
are chosen_. This very able and ingenious lawyer could not have made
this objection if he had conceived the cunning device of making it the
constitutional duty of a senator to resign his place at the will of
the legislature of his state.—After stating these objections, Mr.
Martin proceeds: “Thus, sir, for six years the senators are rendered
_totally and absolutely independent of their states_, of whom they
ought to be the representatives, without any bond or tie between them.
_During that time_, they may join in measures ruinous and destructive
to their states, even such as should totally annihilate the state
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