National Banner and Nashville Whig from Nashville, Tennessee • 4

(T-1 Tj Yt wBS a Uwi -'T -r I i' I' Uft i -J tC( f-f 'v Wf Vz-tast1 lfli Sr 1 6 i-a -1 W-tfUl I ctssit Pneii' iI foreign matter wholly uutoDiiected with it Tbe suggestion that the interests of tba state may be sacrificed if v'e should not be fully represented on the 4th of March 1829 is without any reasonable foundation The president aud seoato can pass no law without the concurrence the House of Reprentatives All experience shews tl-at on the occasion of the inauguration of the president nothing is submitted to the senate by him except tbe names of persons selected for his cabinet and the confirmation of their appointment is by usage almost a matter of course If then there should not be a called session of the present legislature and we should have only one Senator from the 4ih of March 1829 until the September following (during which time Congress is not in session) we shall be precisely in the same condition in winch we have been on several oci anions during the same period No alarm was then created about our unrepresented condition and uo injury was sustained by the state 1 he states ol North Carolina Kentucky Tennessee and perhaps some others do not elect members to the House of Representatives until he mouth of August The consequence is that from the 4th of VI arch until August tho-e states are without any representation in Cougress in the House of Representatives That is the most important branch of this government The are ttie immediate representatives of tiie people protection of their lights atr exemption from tariff lawa and tba operation of all such meamres As an argument in favor of thia measure it ia said that the term of the present Senator expires on the 4tk of-Mawh 1829 and- Unites the Legislatvie does not convene again until Sept 1829 adeficien jy ofeue meml er illbe created from tfe 4tn of March to that period in tiie senate of tlu uit Ail States When gentlemen reflect th on the 4th of March 1823 according to the onstiiution the House of Representative in Jungress stands adjourned and consequently no business of a legislative character can come before the senate this argument must lose its strength Would it not' be better I would ask that a vacaucy should take place forsia months from winch no evils could ensue (whatever phantoms gentlemen may conjure up) than that this election should he goue into nearly two yeais before a vacancy Las occurred! Why sir at the last session of the Legislature vhen a similar questiou was agitated the necessity of its adoption was urged upon the ground here assumed We were told then that we must elect a Senator because his scivices would he wauted after the 4th March last and before the meeting of this legislature and under tins belief then a-vowed the election was goue into and the seu ator then in office re-elected Have his services been required since the 4th March last! no sir Congress adjourned at that and the setr tor then elected has been at home ever sine'' and yel the same argumeut is again brought ward in stippoi of the resolution now betort We may be told upon this occasion for I heard urged elsewhere that alt it may seem a departurclVom the gieat principles of this gov eminent to re-elect public functionaries before their time of service expucs yet in tins case necessity requires a departure lioiu this because it might have a remote hearing on the LEGISLATURE OF TENNFSSEE 2 Pcportei tor the Natioiml banner sad Whig SENA I jDetaU on the resolution fur elcciing a Senator of the United States for the term cuaiintncinr March 4 1829 Mr Remarks Mr Speaker Uti yesterday when the resolution under discussion was first presented to this Louse 1 must confess that I felt some astonishment To he called upon to fill a vacancy Tthcb bad nut occuired and it bich would Dot oc-Cer for some two years yet to come excited I em willing to acknowledge triucL surprise though at the last session of the legislature election of a senator iu congress was goncln( nearly a year before Ins term of service eX'ired yet 1 could not believe that a single prcding of this kind which stood opposed to of the legislature of this alate ever fs was a atate would be so soon urged updi us in the a1 ape of a safe precedent imitation liii ia this 1 have been disappoint and as 1 am called upon to vote I must heg he indulgence of the sefiate whilst I state the reasons of in opposition to tin measure I do this under the vain expectation of inftellc'nE Ike vote of a rtiemhir present for frorrwhat I have heard advanced it is believed tint this matter has been sei (led already in the v-iind of every one but I do it because I believe it is a duty which 1 not only owe to my own feelings hut to those of the people 1 have the honor to represent It ii my belief that by the adoption of this resolution the rigirs of Urn people of this slate will he violated and a piac'tce sanctioned destructive to the first piiuc'pleolMus government Believing tlusit Would be criminal in me to sit heie ith folded arms land not to raise my voice in oppi sition It shall he raised! A portion of the people of this state has confided to my care the protection of 8u of their best and that protection isiwM i presidential i-Uction- and that iu evil tunes like these measures though of a character should be promptly adopted to stay the impending calamities of the nation We should pause before we sauettou by our votes this iright fuldoctiine Although I do not pretend to an intimate knowledge of the history of other free nations their downfal and yet 1 hazard nothing in saying that the plea ot necessity (oi high-handed measures to preserve the rights has been often urged as an excuse for the commLsion of acts destructive tu liberty Crumwell even declared that in dissolving British Parliament and in assuming the Dictatorship he had an eye only to the protection of British liberty lie assumed the purple and British liberty was prostrate In my opposition to this measure I am gratified extent of my abilities feeble as they are not be withheld When 1 reflect upon the of our government a representative in which the people should rule my to this measure receive additional At the formation of the federal the framers of that instrument that one branch of the representative 'of the government should be not only at short periods but should be directly by the people themselves they therefore the house of the of wnicli coming directly from the peo Would oe presumed to understand their wauts desires and he influenced by their wishes fear that some violent political might pervade the country and operate di- had oat re democracy objections strength con-Rlituti believing de-parttneu clnen elected established members pie and but for excitement rectly upoii the immediate representatives of the peoptb to tlieir injury they considered it proper I organizing the other branch to remove it far- li organizing ther from them and in some measure beyond their control or immediate influence A senate was constituted and although I am not now disposed to staudard which they have erected of their own arraign the policy of those wise and good men My voto at the last session of the Legislature in who assisted in this great yet 1 am war- opposition to a similar proposition met their sprinted iff saying! because it1 has been said by the probation and upon this occasion they will also best expositors of constitutional law that it is a sustain me Upon any political question did 1 sir amtocratical feature ia our constitution I doubt my own judgment I should want no better WhyT Mr Speaker has it been so considered? i criterion than publicopinum todeterimuoivheth-The reason is obvious- senators in congress are er I was t'gkt or wrong In this case that test has been heretofore adopted it has supported me and I therefore feel justified nay imperiously re- Dot elected bythe ppplp themselves but by the legislatures of theswcral fjaks and hold nr not the politicians of thp country some of wnom a digest of the laws was taken up anl ndod to add to said 10111011110 JCulpes run Ai Crahh of th supreme dd ut and mossrs Buddie and Campbell were appointed the committee on the part the house Mondait 0 tolier 1 returns were pn seined fioir Hamilton Ruiherlonl aud tiile Pitdions wne prcstettid hy Mr Moore of Henry Carter to live cm lumi laml rout free mrl nsp for tucorporai mu of the town of arid lor a new ua talmn i 1 irie nau Dills were hy mi Holing to the fees ol merits she 1I13 ai 1 prntcis oQ rprted laid-i Ac oy mr I ipion fir the rebel 01 pnrclias rs of lots in the tuwa of lhiiadel-phta ana county of Moiime The resimiation of Allen as jus be of the peace lor Gilo county as receiv' aid accepted also the resTuaiion of'lhos Cuaphell solicitor for the xi th district The following icoiution ivas returmd from tb- seoatc toe amendment of tnis hu-o haviiq been concurred in and was age 10 the following form viz: Wheiess Hubert Cobbs Enq appointed together the hue hn Ha wo id to revise the lav of this-Uile hu reports 0 this General Assembly ibut said work will be conitit 1 during tbe present asion ani whereas the -lechy publication and distribuiwi ol such! work 11 well ih'e'td i of fcreat importaioe ta the good people ol this suv Thi rtCre Rc dvidihat a nut Uct committee (two the snd lour ol the House of RcpieentaUves appoint-edto exaiAme said Rcvinl at soon as complete! an I report the plan of ai I ork the manner of itxe utioa probable siu and cost of puhlicstion anl the pla" distributing sain revwal which would in thur opinion promote the interest ofthc community Messrs Campbell Buddie Aiken anl Huling were appointed said committee on th part fi this house a IN AUGURATION OF THE GOVERNOR Both houses then formed a prucesion an4 repaired to the Baptist Church where the Inauguration of the Governor took place After a prayer hy the Rev Mr Allen Gov erntr Carroll who was about to retire from office rove and addressed 1 he assein dy as follows: Speaker of the Senate Mr Speaker of the House of Representatives Uentlctninofthe Senate ana of the House of Rcprisentatni $: Hix yeais have elapsed since 1 was first called upon by ttie people of I ennessee to discharge the duties of their chief magistrate The constitution has wisely provided that no individual can hold the appoiotmeut for a louger period at any one time and the object of your piesent assemblage is to qualify a successor who has been selected by the vote of Lis fellow citizens The occasion to ine is ono of deep iuteresfr and will I trust afford an apology for giving utterance to the feelings which inspires uoi in a labored speech but in a few plain remarks 1 can-uot but with feelings of tbe most lively sensibility recur to the period at winch 1 first came to Tennessee I pre-ented myself not wtlh the advances which are sure to attend wealth where-everitgoes nor with the beo-Gt which result from the influence of rich and powerful relations or friends I came hither without a single acquai tance in the state or one to whom I cuuld look with confidence for advice or counsel as to the road upon which I waste journey in a world beset with snares to catch and to destroy tbe young and inexperienced traveller But notwithstanding my obscurity I found friends in a highminded magnanimous aud generous community The time ofmy arrival here was marked with events of deeper interest than any which had occurred from the close of the revolution We were upon the eve of a war with our mother couutry for the redress of wrongs which she had from time to time inflicted upon us Tennessee stood forth arnoug the loremost of her sisters ready to pour out her lood aud treasure in support of the violated rights of our common country 1 may be permitted to say that 1 partook of the foelmgs of my aoop ted state and ith others made a voluntary tender of services to aid in the great struggle which it was anticipated would follow a declara- lion of war The kind partiality of a company of uniformed volunteers selected me as commander tle various stations of Captain Brigade Inspector Inspector General and Major General 1 was employed from the commencement to the close of the war Of the services which I rendered whatever they were it becomes me not to speak If they were useful my countrymen know it hen chosen to preside over the state as Chief Magistrate the country was oppressed by pecuniary embarrassments An honest difference of opinion existed as to the means best calculated to ward off the destruction which seemed to await a great portion of the community Not a few wei in favor of the emission of an unsound paper currency and the enactment of stay an4 proyicrty laws All the feelings of my heart were enlisted in half of the unfortunate part of society for upon me too the calamities of the times had fallen with a heavy baud But apart from the inexpediency of such laws about which-1 had no dogbt there were certain great principles in tbe constituHonsof the state and of the United States the preservation of which I considered of infinitely more value to our happiness and permioeot prosperity than even saving from rum half our citizens by violating those principles and accordingly 1 felt it to he my duty to oppose all legislative interference between debtor aud creditor as unwise u- just and ruinous to the character of the country In the discharge ofmy official obligations I have endeavoured so Jo act as to promote the public good without being influenced by any man or set of men If therefore any thing winch I have done has been productive of public utility I sin entitled to the credit of it If on the contrary evil has flowed from ray actions I alone am blameable It would be ungrateful in me nut to acknowledge that in a public career of upwards of tea years I have received from the people of Tennessee a support more unanimous more cLeer-ing than my humble services deserved I am peculiarly gratified in being able to say that a considerable portion of the few persons scattered over the state who deemed it their duty to oppose my election to tho chief magistracy in the first instance subsequently favored me with their counti nance and support True 1 have met with individual opposition of the most untiring kind but I have charity enough to believe that many of those who have thus opposed me did it from an honest conviction thatpthers were botterqualified than myselfto discharge the duties of the office to which I aspired A few I fear were not operated upon by such laudable views There are not wanting those who have ascribed to me opinions which I never uttered and motives for action which I never felt But ever over their deeds as I am about to retire to-the walks of private life I cheerfully throw the mantle of forgetfulness knowing that in their opposition 1 have sustained a liability from which no public man can expect to escape Gentlemen I tender to you individually my sincere wishes for your prosperity in this life and fu- your eternal happiness in the world to come In conclusion suffer me again to present to the people of Tcnuessee through you their repro-' tentative my heartfelt gratitude for the unmerited favors they have so often shown me I promise that while I live my feeble service shall never be withheld from them in times of difficulty and danger And when I quit thia world of care if I can leave my children no other legacy I shall give them this parting precept to live and if necessary cheerfully to die for the liberties and constitution of their country The oatha of offico wero then administered by Judge Catron to Governor Houston who delivered an appropriate Inaugural Address The ceremonies wero closed by prayer by the Rev Mr Douglass and the two houses returned to their respective halls The Report of tho Committee on finance of the settlement with Mathew Nelson Treasurer ofi Ea't Tennessee was received and read Sanate except what taaj Lapp9ahy 4atl resignation in which place the vacancy may be supplied byie governor But where Senators term of service expires and tbe legislature fails to elect the constitution as it has been interpreted by the Senate of the United States in the case of Mr Lanman give no power to the guy ernor to make an appointment Then if tki legislature should fail to elect in advance and there should not be a called sessioD there will he a vacancy after the4tbdayof March 1829 which cannot be filled by tbe governor bis vacancy will be at a time when a new President will come into office Whoever he may be whether the favorite of Tennessee or the present incumbent is immaterial as to the present question In making appointments to all the offices of the goveromeot which tLo constitution has vested him withit is necessary the President should have the full numberofhis constitutional advisers Some expensive chimerical Panama Mission tending to bring on this nation all the evils of a foreign war may be again set on foot J'he Senate may be called together to ratify or reject a treaty on the subject of our colonial trade or on some other subject affecting the vi tal interests of the country '1 he vole and influence of our Senator might prevent the most in consequences It is humbly conceived oe important not only to the slate but to the hole republic to be fully represented in that oody iu order to carry iuto effect measures conducive to tbe national interest and to reject such as might have an opposite tendency it was suggested that a majority of the Senate is at tnis time agaiust the present adinimBti alien Admit this to he true and he did uot perceive how the merits of the quistion could be affected by it If a majority ot the Senate was opposed to the administration it would certainly be had policy for by neglect to diminish that majority and thereby strengthen tiie measures which we all profess to he at war with it has been also stated in debate that the Senate of tbe United Stales is the strongest aristocratic feature of the government '1 his has not been denied jut wo are not now called on to alter or amend the constitution but to carry into effect one of ts provisions it being cltaily shown that we have the constitutional power and the necessity of having a full benate at all times and par ticuliriy at this critical period of our national affairs being satisfactori shown the next question to be considered said Mr Ruck- is whether it is proper to go into tbe election now or omit to do it aud thereby create the necessity of having a catted session Aud here he said if we did not umvele it was very questionable whether hy the constitution the governor could convene the leg slature for that purpose alone But he that as it may he would ask ofgeutle-men whether they were willing to put the state to the expeuse of a called session by o-mittiiig to act on the subject at this time He was free to cuntessif he Could foresee any thin" iu the situation of our affairs besides tills elec Luo which won give rise to a called session lie would uuhes taliogly vote against the resol tion But after inquiring most diligently of all (hose best acquaint with our slate politics he was unable to foresee any such emergency lie should therefore vote for (he resolution Mr Williams' Remat ks Mr At the commencement of this discussion 1 remarked that the resolution on your table proposed a measure directing at variance with the long and well established practice in this state and contrary to the spirit ami genius of our government Whether this rc mark of mine has o'ecn combated by the pro Auction of tacts and sound arguments cleduribi) from those fact or I mere declamation it re mains tor others to decide If 1 were fully convinced that this importau question had been settled without argument bj premature committals out of doors would tak my seat and content mjsell with a negative vote against such a high handed measure iu the ah sence ofpositive pr of however I will proceed to exmi it tny views oil this subject as it thequrv tion was not already settled Yet I am scarcely at liberty to believe this is the e-i-e trom wba I othei might liner that the gi man is satisfied that tue drill in giants line per funned thoir duty that tbe troops are will dis ciplincd aod that certain victory awaits a Victory wtuch will no dou administer to their gratification although obtained at the expense of sacred principle With regard to ibe Senators the constitution of the United Slates contains the following sec tiouB 'Thrfhnale oftlie United Slates shall be composed ot two senutois liom each slate chosen liy the 8 isluiure lilt reot lur six the turn I'loi is and in inner of bold ng demon senators and repre-enlatncs stiill be ni unnl in tc ill by the leRudatum tin teol but ihe Unngitss uia) at an tine by law uiiktor slur such regul itinns cept asto the plates of choosing smnituis' By these sections power is given to the iigisla tyres of the several states composing be coufed eracy to elect Senators to Lei cs uow inquire what has been the practice ol the seve ral stales under this part of the coustuuiiou i nswer it has been to elect henaturs eiinc at ter or a very shuit time befoie tle expuation their term of service Tins has bien Ibe course of tbe several states from tle Inundation of on government and sin ulu furuisn the rue ol out conduct on this aud every similar oceaiiun Rut dtstegardiug the practice ol all the other stale as wcil asnur own we are now to tie driven iu to the re-election ol a fcenatur two yeais before the usual time Mr Speaker man is aereamre of habit and governments follow customs at precedent Why then shall aedis-urb tboctiv tom on this su jcit which has been sanctioned by ttie nniversil consent of the people of tins na turn! Instead of assigning an adequate reason fu this extraoiditisry measure gentlemen entertain us with visionary pn piienes and high sounding declamation We are told by one gentleman that this is an alarming ci ibis in the pwlun-s oi the hy an ther that our differences vvitn England in i elation tu the colonial trad- aie un srltlid and llul a treaty may he concluded and submitted to the senate (settling those iiiffinj ces) on the 4lh of ilarcli 1829 and lest these arid other similar statements should tail to cun vine us we are told by all of them tnai a new president is to take the helm of government on the 4th of March 1829 and if we should not that period be luliy ieprsenled in the Benate the best interests of this siate may he sacrificed There is nothing in any or all of these state ments which will in nry caiim-ation justify us departing trom the established piaclicc of tin and all the other 6laics of the union in rclati to thin subject Any oue acquainted with wie is termed the "ado tint in our relations with England will scarcely believe that it likii be definitely adjusted at the pciicd re I'erred to But tbe argutneut is built up tl supposition that this gieat quistion winch has occupi tle attention of the United iaiiitas ai Great Britain for many years past is to he fi nsliy settled by treaty nnd that it will heroin the duty ofthc Prcsidt nl to submit that treat) to tho consideration of the senate prei urly on the 4th of March 1829 IIow great a calamity the nation has suffered in being thus lung de-mvi of the prophetic genius of the gentleman wl made thisdi-covery! Lest however some should yet remain sceptiral and withhold their ere dence from this prophetic doctrine the last an most imposing argument is an alarm on the sir jeetofthe Presidential election hir the elec tion of President of these United States belongs to the people and they will in all probability da ctde it for themselves But if they should not the election will then devolve on the House Representative where each s' ate will give on vote by tl fir representatives the senators hav ing nothing to do with that election Then wt is the subject introduced on this oec sioot I a wr became gAtlemen want confidence in tl cmiA they airocate 3J aw inrto t' tie of ted tbe election to take place when it did Sir I am opposed to any measure which is calculated to forestal punltc opinion having d- pa ted from former usage ia tle lustauce here alluded to by going into the election one year iu advance ou the authority of that prtctdenl and to what is ca led the necessity of the nines we are now called on to elect two years in advance I move gentlemcu to pause and fira inunivnt con-template the consequences to which this mca-swee may tend I au a-vaie that r-vciy ste taken by me aud moiivs will lc ly sun? misunderstood aud mlicis misrepresented but this I totally disregrj Hi BdejVorlo maintain those repu licaii nnciples which have guided uc through life and Iunrr te dnvet) eiore any popular breeze hoev(r yiolent it may blow to violate either tle sMnj or letter of our constitution Others have teUrred tu the opinion of their constituent- 1 Ins su (ect was freely uiscussed during my cauvabs and have the saiisfaction to believe that so far as 1 lu-ud any expression ol the will ofmy constituents on the sunject their opiuion is iu accordance ith my own I will thcrelore vote against the reso lution Fridax September 28 Mr Williams presented a petition from sundry persons of tndersoD county which was referred to the committee ou Internal Improvement returns were presented from Anderson Robertson and Tipton Mr ilium offered the foilowiug Resolved that the committee on finance be directed inquire into the cxputiiniy of appropriating a part ol the State Bunk towards dtiraying the ixptaces of the state government Mr Walkersubmilted the following: Resolved That the Treasure rs ot East and tVevt Ten-n asee repoit to thu Gtneral Assembly what progiewt they have made in currying into ell ct various aits providing for the ale of the iihoot lands in thin state wnat nnmbtr of injunctions has ben filed and bv whom and wlnt is the piogitss of the suits ana such iniounation as lluy limy possess Fhe senate took up the bill to repeal all laws giving tax fees to attorneys and after some discussion in which Mr Rucker detruded and Messrs Lowry Howard Huntsman Greene of and Williams opposed it an amendment offered hy Mr Howard was adopted aud the bill referred to the judiciary committee lorDAYOct 1 Pi litmus were presented by nir Garrett of Frederick Hmithfor a divorce by tnr Williams of John Sherker to be restored topriviliges lost by conviction for Mr Smith Presented a clerks return from O-verton county The following resolution offered by Mr Williams on Haturday was adopted Risolved 'I hat the committee on the judiciary be directed to inquire into the xediency of providing by lw rthe pumvhmtntof leri(Nwho may in future nr-gleet to ninfte nturn of the eltcliou lor governor si directed hy the constitution A solution was adopted for an election of President and Directors uf the new State Bank Solicitors and Sundry other officers tomorrow Tbe committee on the public punting reported a bil to reduce to reduce the compensation from fi cents to 4 for each sheet of tv elve pages HOUSE OF REPRESENTATIVES Frid at beptcmher28 Petitions were presented by nir Rogers from Citizens of Hawkins county fora justice of the hy mr Allen of Eli hy mr Pope of Hainuel Moore tor a and of Jesse Dodson fur admission to bail on a charge of mr Locke of the coinnuasiooer appointed settle with the trustees of Overton by mr White of Christopher Bawknian by mr of sundry cittzeus of Ferry couuty for a division of the 68th nginient by mr Aikin from sundry citizens of East Tennessee respecting tLe construction of a rail road rostead of a canal to connect the waters of the Coosa and Iliwassee rivers Mr White presented tho return of White couuty Bdl were introduced hy mrEgnew prescribing the number of witnesses necessary to prove hills of by in Lorb 'amend art run ceiiiug me miftiet of Overton by nir Fguew to repeal the 2d section ofan act of 1819 to authorize a change of venue iu certain cases Fhe house took up the resolution offered yesterday by inr Brady for suspending the sentence ol Rutherford Circuit Court directing the im prisoomeut of Benjamin Forbes for stabbing nir elson Mr Brady Btated tbo circumstances of the case and urged the adoption of the resolution Messrs liming an( Egnew opposed it on the ground of want of constitutional power and the inexpediency of interfering with decisions of judicial tribunals The resolution was rejected The two houses met in conveulion agreeably to resolution to count out the votes for and on examining the returns from the several counties it appeared that General Samuel Houston having ttie highest number of votes was constitutionally elected Governor of the Stale of Tennessee for the ensuing two years Satdrdai September 29 Tbe resignation of Alexander Walker a juv flee of the peace of Davidson county was received and accepted returns were received from Maury couuty 'FLe engrossed bill giving further time for surveying lauds lying north and east of the Congressional reservation Line aud north of Tennessee river and lor other purposes was read a third time and passed Dills were introduced-by mr White for the bem fit of Mary by mr Fgnow more effectually to enable poor persons to prosecute hy mr Aiken to authorise clerks to lake the probate of letters of attorney in the recess of by mr Rogers for the relief ofciti-zeus ol Hawkins couuty who have purchased land of 'I bon as hy mr Burton todi voice Snowden Hickman from bis wife Milly by mr Crisp to restrain usury reviving the old law on that subject '1 he hill tu establish a office in tbe towu of Sparta in tbe mountain District was read a third lime Mr Foster opposed it as inexpedient dividing profits and responsibilities too much acd injuri otis as a precedent Mr Campbell thought it would facilitate the appropriation of vacant land and accomodate a latge tractof country withoutdoing tiny injury Ou motion of mr lluling an amendment was adopted and it was sent to the Senate '1 he bill concerning the town constable of Nashville Ac was read a third time aud passed into a law Mr Rogers returned without amendment the bill to repeal the act to prevent tho depreciation uf Nashville bank paper Mr Turney withdrew it for amendment but mr Burton expressing dissatisfaction at the delay he returned it again without amendment Mr Brady then withdrew it for amendment The following lesolution offered yesterday by mr Moore was adopted Resolved that it I sot ronimittee be appointed to as certain what fuither provisions should bn made by law to secure the returns ol the gubrrnutonsl votes asrequi red by the constitution of tbe Slate And mess rs Monre Brady Aiken and Kendall were appointed said comnrtUee The bill to establish a treasury department in the western District passed its second reading A bill to repeal an act prescribing the manner oflisting lands for the payment of taxes iu certain districts Ac was read a third time and passed Tho following resolution offered by mr Bod-die was Resolved by the General Awmhly of lit State of Tennessee that Rolwrt Chlii Esq tw and he it hereby rc quested to prepare a Glumry to ba placed either etth beginning or end of each volume of the Revised lews of thi Ftntem ts plain all the technical terms end difficult word met iftourlaw Tk resolution appoiRtieg comedt te tn ex amine am Cal oy Purdy a in wnlh a ate its uf hist Mr ey hold the purse strings of the nation Why it then that the senate at this particular time holds the first place in tie affections of certain gentlemen Home of them aave been members this legislature for many years Home of them bought as I did hi 1821 and 22 that it was unwise and impolitic to re-elect any public agent wo years in advance of the expiration of bis term of service 1 still remain of the same opiti-mi bul these gentlemen have changed ard I now insist that they give us the benefit of all heir experience rerbapssome portions of that experience which is withheld if disclosed might produce effect Have those gentlemen heretofore been asleep ou their posts And if they were will they tell us what signal it was that roused them from their slumbers If gentlemen eally are for the first tune alarmed at the pros pect before them of this stale not being fully represented in the senate of the United States for a few days permit me to console them by the request that they will judge of the future by the past That wc have heretofore beeu in the same condition tor the same length of time and ex perieuccd neitLer inconvenience nor injury from it And permit me to inquire also why it is (hat gentlemen manifest so mm patriotic zeal in relation to a full representation in the senate while they are so vciy indifferent about the House of Representatives Why not introduce a bill directing tbe election for members of the House of Representatives two years in advance bliould they do so 1 promise them that 1 will oppose that measure for the same reasons that 1 opposed the one now proposed I am and always have been a republican of the Jef lersonian school Oue of the leading articles ol my political creed is that public agents should at fixed and short periods return to the great ho dy of the people That as far as practicable pub ic functionaries should serve out the period for which they were elected before they ask for renewal of their leases It is upon this soum republican doctrine that the stales 1 have before uamed rr fused to re-elect then members of Con gress until alter their term of service had expir and if any attempt should be made to change i bat rule iu tins state 1 trust it may be success fully resisted In the organization of the Federal Govern im-nt Heuatois in I ongiess are to be elected lor six art 'Fins is tue most aristocratic lea lure in our political edifice The Constitution the United States having vested ttie tegiMa Hires ot tle several states with the power of looting Senators to Congicas they are hound to discharge that trust according to a sound dis cu tion and iu the exercise of this discretion they should keep steadily in view the fundameu tal piinciplesofour government The advocates of this resoluti contend that because the pow olart tnrr 4on -4 lure th have the right to discharge tha trust by the rc election of a Senator two years betore the expuation of ins term ofscrvice 1 lus question should besettled as 1 have before icmaiked by a recuirence to the first principles and to the practiceof the different states Nostate tbe Union it is believed has attempted to exercise this power at so distant a pt riod as two years and Hus fact furnishes a strong presumption against the exercise of the pow er in the manner now proposed 1 contend that a power clearly vested by the constitution may be xerciedin an unconstitutional mariner For example if legislatuie of the several states can elect Seuaiuis two years in advance the commencement ul their teirn of si rvicc hy the ame rule they can be elected or twelve yeais in advauce The legislatures of the states have a constitutional capacity tu perform tbeirduy and to that eud they tiave a peipetual existence A slight inconvenience would not justify the sacrifice of first principles li Inis could be pleaded as a justification a dominant party would always fiud pretexts for idling all public situations with tneir lends in advance '1 here must he some limit to tue exercise of tbe power in question as is proved by tle foregoing example It would be dnacult perhaps impracticable to lix the precise limits hut in the absence ol such precision ii would oe a safe rule to follow tbe example of all the other slats of the Union aud to respect the construction put on tins constitutional power by our elder sisitr stales during a long sue cisbiou ot yurs and at limes too when the judgment qt the coinmuiit Jr was not warped by Hie exciteineut of party Icelmgs If it oe proper to look to those picCcdents as author! it will seem to follow timi the measure proposed by tl a resolution is unconstitutional But in ino absence ol suet precedents and of the um-ioi in construction gnen to this power by other ales suppose we should test the proposed inea suie by a relerence to the first principles of our government Ithaspluased Fiovidence to restive to these Unite! nates me esta iiislmint governments Intruded on that nly legitimate basis KiU of the piople" In all the oiganic matures ul um government the will of the people wbeu lenity ascertained prescribes the rulo of action for their ugeuts 1 his wni is expressed through tie medium ot agents some of whom are mediate and some immediate The latter of wnom return at short periods to the source from hence they came I Lave before leiiaiked ttat the Senate was the most aristo cratic Datura our political edifice-for according to the provisions of the ct nstitulion cveu when strictly observed they are in some measure placed beyond the reach or ci ntrol of the people fir six years If a reasonable doubt exists ou the questiou of placing them 8 or 6 years beyond the control ol the people sound discretion Simula fix on the latter period Ou such a question will auy one who is a republican iu prutiu as much as pnftsshtn hesitate a mo-cieut! It is uot sufficient for gentlemen to pro-ies tf the practice is at variance with ttie true principles of And I contt nd that a republican at heart will not by construction emend ami enlarge what is now the most aristo-eiatic feature in the republican department of our government Iu our own State ihe rule aas settled for many years that no Senator should he re-elected until after the expiration of Ins term ofseivtce Lastyeai that rulo was departed from by bringing on tho re-election of the Senator ft West ennessee before tba expiration of his term of serfice Without intending any disrespect for the gentleman elec-te 1 pr-sunie I may say without tho fear of con tradictiun if that election had been postponed to the usual time and tl a people bad been consul ed on th" subject that Hit members of tbi wmtl a been mat meed to choose e- swr The people mt xpc to in believing that iny course will he sanctioned by my cunstitu nts at home and by the people ol this Hi ate I speak of the common people qnired to enter my most solemn protest agaiust tins measure 1 again repeat Mr Speaker that in my opinion the adoption of tins resolution if not a direct violation of the Constitution is in truth a deputin' from tho great fundamental principles of our government I a'vk gentlemen to mark well the bounlaries within which we should nmvt and I warn them of the dangerous piecipiceo- ver which they are travelling Whenever the harriers wisely provided lor the protection of the rights arc pissed over what danger may not ho apprehended! I again repeat Mr Speaker that I do not feel myself authorized to do this thing that I was benl here to pass upon laws not to make benatois when there are no vacancies 1 am done I have discharged my i 1 u' people ofmy country Ur icker's Remarks Mr Rcckkr said in attempting to speak on the sut ject before the Senate be kit emuaras-sed He had just taken Ins seat for tho first tupe lie had intended Dot to say any thing bujtwhen heconsidired the impoitanee of the subject and the foiling it would elicit in jus-tiqe to himself and to the enlightened body of freemen whom he had the honor to represent and to whom at all limes he held himsell stricly accountable he cuuld uot give a silent vote but fell compelled to declare his reasons Iu giving his reasons he woulJ be concise temperate and endeavor as far as possible (o avoid saying anything that might tend in the remotest degite to excue party tcehug He regretted the rtsolu tion had been introduced thus early in the scs sion he would Lave preferred its introduction at a later period that he might have had more tune for examination and reflection The rcso lutiou for the reasons stated id tho preatnoie proposes to go into the election of Seua or years to commence from the 4th of March 1829 that being the day on which Wl term of service will expire Two questions had been raised Whether the legislature could constiii liouallj go into the election in advance and whether if it was constitutional it would be ex pedient or necessary lie then read troin tbe Constitution the first tlaube of the 4 section of tho 1st article to shew that the times and inauncr of electing Senators wero to be regulated by tiie State Legislatures or ly the Congress of the United Siattt He then asked if any law on this subject had been passed by the congress ortho legiahture of Tennessee there was such a law he had not been ablet see it lie was informed there was no such law The time and manoer of electing a Senator from this state had uot then been prcscn-ied by th Federal Constitution by Cougrss or by our State Legislature Tho Federal Constitution had expressly given the power and had as cx piesslyin the absence of congressional legi-da tion left the cxeicibe of that power as to lime ami mode to the sound discretion of the legtsia ture He was not ahlo to see the force ot the constitutional objection Indeed he bclnvedit was admitted by one of the gentlemen opposed to the resolution that such objection would not lu lie did not believe any legislature would elect for a longer period iu advance than at the slated sesstoii next preceding the time when the sena term of service would expire The exam pie of a preceding legislature and the praciicq of electing Senators iu advance by many of the oldet stairs ot this union ought to maue gen Uetrien doubt the correctness of their consutu tional objections He was opposed to the exei cise of doubtlul construtjvu powtrs When ticre was reasonable doubt be would not act But on the piesent occasion he saw no good reason for doimt The real question as lie hum bly conceived was asto the policy or expcJieu cy ol electing at tins time We must eithero lect now or at a called session or be nut half re presented iu the innate of the United btates from the 4th of March 1829 to the inoeting the next stated session of the legislature Is Important that the Benate should he full during that period! The Senators besides Arming i part of the federal legislature are the constitutional aivisers of tho President their advice and consent are necessary to the appointment of foreign ministers and most of the officers of the general government No treaty canbe ratifid but by the advice and consent of the Senate The treaty making power if he was correctly in formed belongs exclusively to the President and Senate unless where a treaty is to he ratified winch stipulates the payment of money by the government la such case lie believed the House of Representative composed a part of the treaty mak ug power Tl Constitution of Lfid fkxtn po ncia-'y la Uii their appointments six years a-peiiod two years longer than that even of tho president himself Such being the nature 6f this office it has been justly termed the aristocracy of the federal constitution Yes aristocratical I again repeat because they hold their office independeutofthe people vWio have no vmeo in their election 1 ask gentlemen are limy then prepared to make them more independent? Tor my part 1 must confess have long since believed that the people of the country should have a more direct agency in the election of senators than they have hitherto ha 1 Iam not afi aid lo trust them upon this or any other sinject" a long intercourse with them has convinced me they ill do right theim-lvcs and I want them upon all proper occasions to have an opportunity of exposing their wishes I would astthuw can the people know ny tiiog about elections of Ibis kind when they are brought annul at various periods and are made tometimes long before vacancies occur 1 1 he constitution denies to the people the right of voting ami by this proceeding you deny to them an opportunity of expressing their isbes upop eu1 jut my part I cinnot I will Cot do tin tiling I( would afford me plcasurcMrSpeak-ii were 1 enabled to say that this is not the most except mnable view which can he taken of a proceeding of thU kmJ A senator holds hio office six yes IS the present does not expire until the 4th March 1829 and yet in 1127 nearly two years before we are Called upon to fiU a vacancy whicn cannot take place ontil adding nearly two years of course to tLe period con templated by the constitution Suppose sir we go into this election and the present incumbent is again elected Laving to servo two sessions of congress under his former suppose that during one of tboso sessions and intending to cast imputations such sup positions from the fallibility of human nature inigflt te made aomo great political blunder js committe by him or some act done which would disrppoint 'lenoesBec in her fondest expectations would not the honorable mover have cause of regret fur ur ging this measure to the latest day of Ins life 1 lie would sir At the last nessjona negator Was elected nearly twelve months advancennj when he too had a session of congress jstill tw attend and without indulging a disposition of uucharitaolcncs I maybe perniVled to say thar Imd some vote which that piemher gave in t)'e'hist congress been known a thatcleetion different might have bf cn the result-His prod igal voting away the ptiolic hmney would have been in my mind au XUBiiperahle objection Why introduce the subject of the presidential elect ion iuto this discussion It seems tome that it is eviJeucc of a want of merit iu the proposition itself and in order to sustain it a resort is obliged to be had to extra-nc on circumstances am one of those politicians who bdiovethat in no case whatever should baa measure he adopted to attain even a good end But I cannot see how the adoption of the resolution -umlrV dicmsioa or tho election of a senator is to affect in any way whatever thi election The senate of tho IJnited States has nothing to do with the presidential election and besides this election takes place before the term of service of the present senator expires ho will be consequently at all limes at his post until that election is over and until the decision of the American people upon this subject Is kuowo 1 he gentleman from Cocke whilst presenting thi consideration to the house hit told us that the country is divided upon two great political about which the people of see feel a lively interest It is true Mr Speaker tlnt some great political questions do at this time agitate tlu nation with wLich are connected tome of the best interests of the Southern and Western Slates But I would ask do not both the aspirants to the Presidency entertain the same views in relation to these as far as a public manifestation of their opinions have teen made they 'do and I am willing to acknowledge that I have been induced tu join in the support of him who is the choice of thp peo "la of Tennessee from a full persuasion that from the nature the circumstances surrounding him if he succeeds he will be induced to join in tho aupport of those measure considered essential to southern western interests In making this dedication lowcver Mr 8 1 heg leave to be understood as disclaiming any wish ta p-o pole improper sectional feelings I iope iso su'kviw will ever influence me because I fear that upon thi rock there i danger of luowreck I- want to see en adminixtra-fim which will deny to the south and West tlaLPitfft inn to eif infercsla Lie they Z9 ntLt'! II ntrni en iff tVljgrcatpdiffcalff I I 'uhfsd tret Ik et 2 ta nJ-.