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
The honorable gentleman from Virginia asked, will not the affirmative of
a member who votes repugnant to his instructions bind the community as
much as the votes of those who conform? There is no doubt, sir, but it
will; but does this tend to show that the constituent has no right to
instruct? Surely not. I admit, sir, that instructions contrary to the
constitution ought not to bind, though the sovereignty resides in the
people. The honorable gentleman acknowledges that the sovereignty vests
there; if so, it may exercise its will in any case not inconsistent with
a previous contract. The same gentleman asks if we are to give the power
to the people in detached bodies to contravene the Government while it
exists. Certainly not; nor does the proposed proposition extend to that
point; it is only intended to open for them a convenient mode in which
they may convey their sense to their agents. The gentleman therefore
takes for granted what is inadmissible, that Congress will always be
doing illegal things, and make it necessary for the sovereign to declare
its pleasure.
He says the people have a right to alter the constitution, but they have
no right to oppose the Government. If, while the Government exists, they
have no right to control it, it appears they have divested themselves of
the sovereignty over the constitution. Therefore, our language, with our
principles, must change, and we ought to say that the sovereignty
existed in the people previous to the establishment of this Government.
This will be ground for alarm indeed, if it is true; but I trust, sir,
too much to the good sense of my fellow-citizens ever to believe that
the doctrine will generally obtain in this country of freedom.
Mr. VINING.--If, Mr. Chairman, there appears on one side too great an
urgency to despatch this business, there appears on the other an
unnecessary delay and procrastination equally improper and unpardonable.
I think this business has been already well considered by the House, and
every gentleman in it; however, I am not for an unseemly expedition.
Mr. LIVERMORE was not very anxious whether the words were inserted or
not, but he had a great deal of doubt on the meaning of this whole
amendment; it provides that the people may meet and consult for the
common good. Does this mean a part of the people in a township or
district, or does it mean the representatives in the State Legislatures?
If it means the latter, there is no occasion for a provision that the
Legislature may instruct the members of this body.
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