Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. CLYMER.--I hope the amendment will not be adopted; but if our
constituents choose to instruct us, that they may be left at liberty to
do so. Do gentlemen foresee the extent of these words? If they have a
constitutional right to instruct us, it infers that we are bound by
those instructions; and as we ought not to decide constitutional
questions by implication, I presume we shall be called upon to go
further, and expressly declare the members of the Legislature bound by
the instruction of their constituents. This is a most dangerous
principle, utterly destructive of all ideas of an independent and
deliberative body, which are essential requisites in the Legislatures of
free Governments; they prevent men of abilities and experience from
rendering those services to the community that are in their power,
destroying the object contemplated by establishing an efficient General
Government, and rendering Congress a mere passive machine.
Mr. SHERMAN.--It appears to me, that the words are calculated to mislead
the people, by conveying an idea that they have a right to control the
debates of the Legislature. This cannot be admitted to be just, because
it would destroy the object of their meeting. I think, when the people
have chosen a representative, it is his duty to meet others from the
different parts of the Union, and consult, and agree with them to such
acts as are for the general benefit of the whole community. If they were
to be guided by instructions, there would be no use in deliberation; all
that a man would have to do, would be to produce his instructions, and
lay them on the table, and let them speak for him. From hence I think it
may be fairly inferred, that the right of the people to consult for the
common good can go no further than to petition the Legislature, or apply
for a redress of grievances. It is the duty of a good representative to
inquire what measures are most likely to promote the general welfare,
and, after he has discovered them, to give them his support. Should his
instructions, therefore, coincide with his ideas on any measure, they
would be unnecessary; if they were contrary to the conviction of his own
mind, he must be bound by every principle of justice to disregard them.
Mr. JACKSON was in favor of the right of the people to assemble and
consult for the common good; it had been used in this country as one of
the best checks on the British Legislature in their unjustifiable
attempts to tax the colonies without their consent. America had no
representatives in the British Parliament, therefore they could instruct
none, yet they exercised the power of consultation to a good effect. He
begged gentlemen to consider the dangerous tendency of establishing such
a doctrine; it would necessarily drive the House into a number of
factions. There might be different instructions from every State, and
the representation from each State would be a faction to support its own
measures.
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