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Consequently he fell back on platitudes about judicial high-mindedness, and how judges could be trusted not to allow political influences to weigh with them when deciding political questions. Pushed to its logical end, concluded he, the Jeffersonian argument would prove that there should be no judges distinct from legislatures.
He had recognized and entered into communication with the Legislatures of these States, prescribing certain terms on which they might secure representation in Congress, and recognition of "all their rights under the Constitution."
But after the election of 1828 these same legislatures refused to concur in the doctrines of nullification which South Carolina submitted to them. The situation had changed. John Quincy Adams, the New Englander, was President in 1828; Andrew Jackson, the Westerner and the most popular man in the country, was at the head of the Union in 1832.
The method of counting was not prescribed, for it was thought that it might safely be left to joint rules established by the two houses of Congress themselves, after analogies supplied by the experience of the several state legislatures.
During or immediately succeeding the Revolutionary War, the legislatures of the several states were endowed with almost complete control a control which was subject only to the constitutional bills of rights; and it has been seriously and frequently proposed to revive this complete legislative responsibility.
The persons appointed by the States, in the manner directed by their Legislatures respectively. How is the fact of appointment to be proved? These are the subordinate questions, the answers to which go to make up the answer to the main question. What are the means of separating the genuine from the counterfeit? Where are the tests by which to distinguish the true votes from the false?
This latter society also caused to be introduced bills of its own to the same and in various legislatures, and here Bok had a valuable ally. It was a curious fact that the Audubon officials encountered their strongest resistance in Bok's own State: Pennsylvania. But Bok's personal acquaintance with legislators in his Keystone State helped here materially.
So that, on the whole, it is almost certain that the deliberations of the members of the federal House of Representatives will be directed to the interests of the people of America. As to the other branch, the Senators will be appointed by the legislatures, and, though elected for six years, I do not conceive they will so soon forget the source whence they derive their political existence.
More than once, however, in the progress of our history have the people and the legislatures of one or more States, in moments of excitement, been instigated to this conflict; and the means of effecting this impulse have been allegations that the acts of Congress to be resisted were unconstitutional.
On March 30 by a vote of 20 ayes, 7 noes, the Senate passed a joint resolution introduced by George Arnold Frick authorizing and directing the Attorney General of Maryland to bring suit or suits to prevent the Secretary of State of the United States from proclaiming the Federal Amendment prior to the holding of a referendum thereon in certain States, and to test the validity, should the same be ratified by the elected Legislatures of three-fourths of the States.
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