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
If we establish this as a right, we shall be bound by those
instructions; now, I am willing to leave both the people and
representatives to their own discretion on this subject. Let the people
consult and give their opinion; let the representative judge of it; and
if it is just, let him govern himself by it as a good member ought to
do; but if it is otherwise, let him have it in his power to reject their
advice.
What may be the consequence of binding a man to vote in all cases
according to the will of others? He is to decide upon a constitutional
point, and on this question his conscience is bound by the obligation of
a solemn oath; you now involve him in a serious dilemma. If he votes
according to his conscience, he decides against his instructions; but in
deciding against his instructions, he commits a breach of the
constitution, by infringing the prerogative of the people, secured to
them by this declaration. In short, it will give rise to such a variety
of absurdities and inconsistencies, as no prudent Legislature would wish
to involve themselves in.
Mr. GERRY.--By the checks provided in the constitution, we have good
grounds to believe that the very framers of it conceived that the
Government would be liable to maladministration, and I presume that the
gentlemen of this House do not mean to arrogate to themselves more
perfection than human nature has as yet been found to be capable of; if
they do not, they will admit an additional check against abuses which
this, like every other Government, is subject to. Instruction from the
people will furnish this in a considerable degree.
It has been said that the amendment proposed by the honorable gentleman
from South Carolina (Mr. TUCKER) determines this point, "that the people
can bind their representatives to follow their instructions." I do not
conceive that this necessarily follows. I think the representative,
notwithstanding the insertion of these words, would be at liberty to act
as he pleased; if he declined to pursue such measures as he was directed
to attain, the people would have a right to refuse him their suffrages
at a future election.
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