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
straight jacket, fashioned by heads and hands which would acknowledge
no power but their own. There is no such thing as dividing or
modifying this State claim to instruct the Senators of the United
States. It is a full, perfect, and universal right, or it is no right.
It binds every limb and muscle of the Senator, or none of them. If he
may move a finger in opposition to it, his whole body is free. It is
an absolute, despotic power in all cases, or it must be reduced to
that voluntary respect and serious consideration which a wise
representative will always give to the opinions and wishes of those
from whom he derives his office. There will always be subserviency
enough; the danger is from too much.
I do not see where Mr. Tyler gets his alternative to obey or resign.
This is not his instruction, it is “not so nominated in the bond.” He
is ordered to vote, to act—not to fly the field. If the command is
lawful, he should obey the mandate of his “approved good masters,” as
they have issued it. He might equally disappoint their object by
leaving his seat, as by voting in opposition to their wishes. How
impossible it is to be consistent in the pursuit of a false principle.
When a man splits a hair to get a principle or rule of action, he must
go on splitting hairs to modify or get rid of it.
I have said that I cannot see the distinction taken by Mr. Tyler
between a vote to rescind the resolution and one to expunge it. It
cannot be replied, that a Senator may properly give up his opinion
concerning a matter comparatively insignificant, but should refuse
such a compliance on a question of more importance. If the argument be
good it cannot help the present case; there is no such difference
between the question to rescind and expunge; both refer to
constitutional rights and powers, and there is the same obligation on
a Senator to give up or not to give his opinion in both cases. They
are of equal dignity, but in importance, as to consequences, the
advantage is infinitely on the side of the vote to rescind. What is to
be rescinded? A resolution of the Senate on the subject of the power
of the President over the treasury and revenue of the United States.
Can any question under the Constitution arise of more vital importance
to the liberties and rights of the people? The other vote relates only
to the power of the Senate over its own records. Both are to be
decided by the Constitution, and the decision, in the one way or the
other, gives an authoritative construction to that instrument, and
becomes, while admitted, a part of it. This resolution has
declared,—whether right or wrong, is of no importance to our present
question—that the Constitution does not vest in the President of the
United States the power that he has assumed over the treasure of the
{534} United States. This solemn declaration Mr. Tyler is willing to
rescind, to take back, to disaffirm, although he believes that the
Public-domain text, read in full here on John Shaqi.
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