[8]

Govermor for the same fractional term; which bill passed the house on the 15th of the same month by the following vote:

Yeas-Messrs, Speaker, (Breckinridge), Allen, Anderson, Barbour, Barr, Bay, lor, Bibb, Butler, Cassedy, Chew, Clark, Davis, Dawson, Donaldson, Dulany, W. Emmerson, Field, Fleming, Fletcher, Gholson, Givens, Glenn, Haynes, Hick man, Hopson, J. Hunter, W, S. Hunter, Jamison, C. Johnson, J. Johnson, Parsons, Patton, Payne, J. Porter, Reed, Roberts, Sanford, Sharp, Shortridge, South, Todd, Tribble, Trigg, Turner, W. Wall, G. Wall, Ward, White, and Weir--56. Nays-Messrs. Adair, Barrét, Bates, Bayne, Beall, Cocke, Coffee, Cotton, Cunningham, Duncan, J. Emmerson, Gaither, Hart, Jewell, Knight, Letcher, Marshall, Mercer, J. Porter, Robinson, Rowan, Shacklett, Shackelford, Spilman, Smith, Thompson, Underwood, C. Walker, Wickliffe, and Woods-30.

But, on the 18th of the same month, the Senate refused to order the bill to be read a second time, and thus defeated it by the following vote.

On the question, shall the bill be read a second time?-

Yeas-Messrs. Barrý, Bledsoe, Bowmar, Chambers, Given, Johnson, Parks, Perrin, South, Southgate, H. Taylor, Thompson, Wood, and Young+-14. VA Nays--Messrs. Speaker, (R. Ewing,) Bridges, Crutcher. Eve, Faulkner, Griffin, Hardin, Ilarrison, Hillyer, Jones, Owens, Simrall, R. Taylor, Welch, Wichliffe, Wilson, and Worthington--18. 1시

When the canvass for 1817 began, it was believed that such a torrent of popu lar sentiment for a new election had been gotten up as to leave scarcely a hope of arresting its progress or diverting its course. But the leading men who believed that the constitution would be violated and Slaughter's rights outraged by a new election, determined to resist it to the utmost. It became an all-absorbing topic, and no subject ever produced more intense or pervading excitement in Kentucky. At the request of some friends at Frankfort, Mr. Robertson, then just elected to Congress from the Garrard district, before he was 26 years old, wrote the following constitutional argument, signed "A Kentuckian." Those friends, though it was written on the spur of the occasion, thought fit to publish it in a pamphlet, entitled, "The Constitutionalist, by a Kentuckian," and circulated it extensively through the State. It was, at the time, supposed to have had a very great influence on the public mind, and to have contributed, more than any other means, to that recoil in the popular sentiment which resulted in an abandonment of the project of a new election by act of assembly. A review of the scenes of that year would be interesting and rather profitable to all who desire to understand the history of Kentucky measures and men.

TO THE PEOPLE OF KENTUCKY.

and a constant theme of inflammatory declamation. It has been so entirely metamorphosed by distortion of features, deceitful attitudes, and tinsel dress, that many honest men, not well acquainted with it, and not being connoiseurs in political physiognomy, have been grossly deceived in its character. Hence, a non-descript Drama has been set on foot in this country, by a few men, for what purpose we say not, which, although, in the first

AN humble and obscure fellow-citizen feels it his duty to address you on a subject which has become interesting to us all; and one which, as men possessing personal rights, and as citizens duly appreciating our civil and political privileges, it is equally our duty to investigate impartially and deliberately, and our interest to decide correctly and independently. Since the universally lamented death of our late venerable Chief Magistrate, the question has frequently presented itself to every think-scenes, it so much excited the derision of the ing mind, "How and by whom shall this chasm auditory, that it was deemed a Farce, and has in our state government, which we so deeply only yet so far changed its aspect as to induce deplore, be filled?" In the solution of this some to think it a harmless Comedy, will, it question it will, on a thorough and impartial is feared, unless the principal dramatis perinvestigation, be found there is no intrinsic dif sonæ are hissed from the stage, end an afflictficulty. And had you turned to your Consti- ing Tragedy. By those few men are meant the tution, and read it, and expounded it by your noisy few who have been writing, speaking own common sense for yourselves, disregard- and becoming candidates for office, to prove ing the pathetic appeals that have been so that we must have a new election of governor dexterously made to your feelings and preju- before the expiration of the deceased goverdices, there would have been no contrariety of nor's constitutional period of service, or in othopinion on this much abused and agitated er words, to prove that they are on the side of subject; and instead of the commotion which the people against their constitution; in other now pervades this country, and not only de- and still plainer words, against the people. grades us in the estimaton of our astonished When this constitutional question was first neighbors, but threatens to ruin our dearest propounded, there was an unprecedented unarights, there would have been perfect repose, nimity in the State. It was almost universalharmony and content. But some of those who ly believed that there was no room for a rationought to have been among your best friends al doubt. We all believed that Gabriel have availed themselves of the confidence you Slaughter would administer the government had reposed in their intelligence and political under the constitution, until the expiration of integrity-not to give you sound and whole- the term for which Madison was elected; but some counsel, nor to enlighten your under- as some circumstances occurred shortly after standings, nor to lead you to the truth-but to the introduction of the Lieutenant Governor distort and misinterpret the Constitution, to into the gubernatorial chair, which provoked seduce you of your judgment, and drive you a few men, it is natural to suppose, (even if we into error, anarchy and confusion. Instead of had not witnessed it) that they would put addressing your reason, men from whom their ingenuity on the Rack to torture from we should have expected better and wiser it a device by which affairs might be things have vociferously appealed to your revolutionized and they might triumph. feelings-instead of legitimate argument, they An election of another governor was the spuhave resorted to noisy declamation-instead rious offspring. Although there had been no of ever mentioning our own constitution, they doubt on the constitution, and although they take us with a gigantic stride across the themselves could not doubt, they must have Atlantic to Greece, and Rome, and Africa, to hoped by sophistry, denunciation, and adulaspeculate on the ruins of Athens, Rome, and tion to the people to induce others to believe Carthage. Instead of showing us what our what they could not themselves believe-and constitution is, they assay all their ingenuity in trying to convince others they have, as is to show us what it might have been; and in- very common, almost convinced themselves.stead of telling us what artificial rights we Under false colors they have without a solitanow enjoy, since the organization of our polit-ry argument, but merely by flatery, and pretty ical machine, they discant in swelling strains about our natural and primitive sovereignty and equality, which every man in Kentucky understands, and no one ever did or will deny. It is thus that a question which, of itself, would never have created any difficulty or excited any zeal, has become an electioneering hobby,

names induced many honest, unsuspecting men to join them in their unholy crusade against the constitution. And though the advocates for a new election have been miraculously convinced without one solitary argument that will stand scrutiny, it is feared many are so firmly enlisted and have so far committed them

selves that nothing short of mathematical called constructive than that which is literal. demonstration will convince them back again. The one is as sacred and as obligatory as the But, hopeless as the attempt may be, it is the other, because it is as much the constitution. duty of every good citizen to make an effort; Both are equally constructive; the only differ-. more especially as he may thereby prevent the ence is the mode of construction. Why is it further extension of this contagious doctrine, that we cheerfully and unhesitatingly submit and counteract the exertions of those who, en- to whatever the constitution expressly declares? couraged by an accidental accession to their Is it because there is any affinity between the small corps, are stimulated to redouble their sign and the thing signified; or language and efforts. That the attempt now to elect a gov- ideas? No. Language is conventional; it is ernor is a flagrant and dangerous violation of an arbitrary association of sounds significant the constitution is, I have no doubt, as conclu- by compact. Therefore when we hear a man sively demonstable from that instrument it- speak we affix to his expressions that meaning self, as any question can be, that is suscepti- which common usage and consent have given ble of the remotest doubt. And to demon- to them. If one man make to another a promstrate to every man's conviction, who is not ise in language plain and simple, how is his under the influence of an inflexible predeter- engagement to be understood and performed? mination, that it would be unconstitutional In the way in which common consent interto elect a governor before the expiration of the prets his words; and although he might have term for which Madison was elected, so that had a different meaning, he is nevertheless abthere will be no ground left for a rational doubt, is the only object of this essay.

To effectuate this object I only ask that you will go with me to the constitution, and impartially and attentively explore it, expelling from your minds every extraneous argument, and forgetting that you had ever thought on the subject; and if the result be not a thorough and indubitable conviction that the constitution, not only does not authorize a new election, but by every fair and permissable construction interdicts the exercise of that privilege, it must be because "A man convinced against his will, is of the same opinion still."

solutely bound by that which his words invariably import. Is not this solely because it is presumed that he intended to convey the same ideas by his words that other men do? What is even this then but construction? And what is this obligation, other than constructive?

But when words are, in themselves, uncertain, how do we understand them? Why certainly in no other sense than that in which we presume they were intended to be understood. To solve difficulties of this kind, common consent has established certain criteria, or rules of construction to which we must resort, and by which ambiguous expressions are to be interpreted. These rules are coeval mith language Preparatory to the investigation of this sub- itself, and are founded in its constitution and ject, it should be premised that ours is a gov- in common sense. This is then a part of the ernment of laws and not of men. Our con- same compact by which words are made sigstitution is the basis; the laws we make in nificant. When an individual uses words unison with it are all mere superstucture. which are literally doubtful, it is to be preThe constitution is the great charter of our so sumed he intended to convey by them that cial compact, defining and distributing the meaning, which those universal and fundafunctions of political sovereignty. It is an ar- mental rules established by general consent ticle of agreement between the people and give to them. This is construction; but no their functionaries. The former have no more more so than giving to words that meaning right to alter or modify it, except in the way which common consent says they literally imtherein provided, than the latter. And our port, is construction. The meaning in both political rights are secure or insecure in pro- cases is founded on and deduced from comportion to the degree of our respect and ven- pact; and the only difference between them is, eration for that sacred instrument. The sover- as before remarked, the process by which it is eignty therein transferred is not reclaimable at ascertained. If a man make a contract, the our mere whim or pleasure; when we wish to literal meaning of which is doubtful, is it not know what right or power we have thereby construed by the rules we have mentioned? delegated, and what retained, we must advert And is he not as much bound by this interpreto that instrument itself; and if there should be tation, as if there had been no necessity to rean apparent ambiguity in any clause or arti-sort to them? Certainly he is. cle, we should examine the whole attentively, Apply these preliminary remarks to our and give that construction which would make constitution. Ask yourselves if there be any all the different parts consistent; we should re-real ambiguity in that instrument in regard to sort to the established rules of construction, the question about to be discussed. If you and whatever inference we deduce by this should think there is, only ask yourselves, to process, is as much an inviolable part of the what inference the proper and universal rules constitution as anything that the words may literally and undeniably import. To prove this by argument is useless; for it is an axiom, the truth of which no man, who is capable of investigation, can controvert.

Let it not be said that we have any more right to violate or disavow that which may be

of construction will certainly and inevitably lead. If they will authorize the belief that the constitution does not deprive you of the right to elect a new governor under existing circumstances, it will be admitted that you have the power to exercise it, if you choose. But on the contrary, if they will convince you (of which I

have no doubt) that you cannot consistently guage is plain and decisive. It may be found with the constitution exercise this privilege, I in the following clauses: presume and hope that every honest and candid man will frankly acknowledge that the right does not exist, and will, without a murmur, cheerfully submit to the present state of things, consoling himself that it was ordained by his country, and decreed by one of the wisest, best, and freest constitutions extant in the world.

I shall endeavor to show you, as briefly as the nature of the subject will permit, that there is no ambiguity in the constitution in relation to the present question. But, if there should be, when it is attentively examined and correctly expounded, no dispassionate man, in his senses, and honestly in pursuit of truth, can possibly doubt.

ARTICLE 3, SEC. 1. "The supreme executive power of the commonwealth shall be vested in a chief magistrate, who shall be styled the governor of the commonwealth of Kentucky." SEC. 4. The governor shall be elected for the term of four years by the citizens entitled to suffrage, at the times and places where they shall respectively vote for representatives. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, the election shall be determined by lot, in such manner as the legislature may direct."

ART. 3, SEC. 16. "A lieutenant-governor shall be chosen at every election for.a gover nor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant-governor, the electors shall distinguish, whom they vote for as governor, and whom as

In the investigation of this subject I shall not follow the zigzag and declamatory course that the advocates of a new election have pursued--but will take the constitution for my compass, and reason for my square. I shall not, lieutenant-governor. as they have done, endeavor insidiously to as- "SEC. 17. He shall, by virtue of his office, sail your feelings and alarm your fears, but be speaker of the senate, have a right, when in shall openly appeal to your judgments, with committee of the whole, to debate and vote on no other weapons than reason and the consti- all subjects; and when the senate are equally tution. All I shall ask of those advocates, is divided, to give the casting vote.. to make the following admissions: 1st. That we have a constitution. 2d. That it is not right to violate it. 3d. That, that and that alone should control us, and determine for us the present question. And 4th. That if it should be doubtful we should examine the whole of it, and give it such a construction as will make all the parts harmonize, and give them all effect.

"SEC. 18. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the lieutenant-governor shall exercise all the power and authority appertaining to the office of governor, until another be duly quali fied, or the governor, absent or impeached, shall return or be acquitted.”

"SEC. 24. A secretary shall be appointed and commissioned during the term for which the governor shall have been elected, if he shall so long behave himself well."

ART. 2, SEC. 30. The general assembly shall regulate by law, by whom, and in what manner writs of election shall be issued to fill the vacancies which may happen in either branch thereof.”

"ART. 6, SEC. 3. Every person shall be disqualified from serving as a governor, lieutenant-governor, senator, or representative, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat, to procure his election."

And all I shall ask of you is your attention, your impartiality and the honest exercise of your rational faculties. This is all the armor I want; with these weapons I fear not the result. At the threshhold, I will concede to the new election men all that they have based their arguments on, and which no good man ever denied which is that we, the people, are the only legitimate source of all political power; and that our government was instituted by us and for our peace and happiness-but with this appendage or qualification-we are now sovereign, only so far as we are not circumscribed or restrained by our own act and consent. For in all well organized societies, it has been discovered to be expedient that the "SCHEDULE, SEC. 5. In order that no inconpeople, in order to secure their civil rights in-venience may arise from the change made by violate, should, by one great primeval act of this constitution, in the time of holding the united sovereignty, establish some fundamen-general election, it is hereby ordained, that the tal principles, which even they themselves first election for governor, lieutenant-governor could not by mere legislation control. This and members of the general assembly, shall is their constitution. We have followed their commence on the first Monday in May in the example. Let it not be forgotten that we have year eighteen hundred; The persons then a CONSTITUTION-one which it is our du-elected shall continue in office during the sevty and our best interest ever to revere and de-eral terms of service prescribed by this constifond; and one, even the confines of which it tution, and until the next general election, would be worse than sacrilege to invade; for it which shall be held after their said terms is the bulwark of our dearest rights religious, shall have respectively expired." civil, and political.

The foregoing are faithful extracts, from our The momentous question now recurs-What present constitution, of all that can operate on does this instrument pronounce on the subject our question. They contain every senter ce, now agitating this country? I think its lan- 'every word and every mark of punctuation,