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
privately advise them, or declare their sentiments by petition to the
whole body; in all these ways they may communicate their will. If
gentlemen mean to go further, and to say that the people have a right to
instruct their representatives in such a sense as that the delegates are
obliged to conform to those instructions, the declaration is not true.
Suppose they instruct a representative, by his vote, to violate the
constitution; is he at liberty to obey such instructions? Suppose he is
instructed to patronize certain measures, and from circumstances known
to him, but not to his constituents, he is convinced that they will
endanger the public good; is he obliged to sacrifice his own judgment to
them? Is he absolutely bound to perform what he is instructed to do?
Suppose he refuses, will his vote be the less valid, or the community be
disengaged from that obedience which is due to the laws of the Union? If
his vote must inevitably have the same effect, what sort of a right is
this in the constitution, to instruct a representative who has a right
to disregard the order, if he pleases? In this sense the right does not
exist, in the other sense it does exist, and is provided largely for.
The honorable gentleman from Massachusetts asks if the sovereignty is
not with the people at large. Does he infer that the people can, in
detached bodies, contravene an act established by the whole people? My
idea of the sovereignty of the people is, that the people can change the
constitution if they please; but while the constitution exists, they
must conform themselves to its dictates. But I do not believe that the
inhabitants of any district can speak the voice of the people; so far
from it, their ideas may contradict the sense of the whole people; hence
the consequence that instructions are binding on the representative is
of a doubtful, if not of a dangerous nature. I do not conceive,
therefore, that it is necessary to agree to the proposition now made; so
far as any real good is to arise from it, so far that real good is
provided for; so far as it is of a doubtful nature, so far it obliges us
to run the risk of losing the whole system.
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