Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
Without entering into an argument upon the general question, which would
be altogether misplaced upon the present occasion, it may not be
improper to observe that the principle applies with redoubled force to
Senators in Congress. They represent the sovereign States, who are the
parties to that constitutional compact which called the federal union
into existence. In the Senate, these States are represented as distinct
communities, each entitled to the same number of votes, without regard
to their population. In that body they are all equal, as they were
before the adoption of the federal constitution. Here, emphatically, if
any where, the voice of the States ought to be heard, and ought to be
obeyed. Shall it then be said that a Senator possesses the
constitutional right to violate the express instructions of the
sovereign State which he represents, and wield the power and the vote
which have been conferred upon him for the benefit of his constituents
in a manner which they have solemnly declared to be ruinous to their
dearest interests, or dangerous to their liberties! The bare statement
of the proposition carries conviction to my mind. All, or nearly all the
State Legislatures, have long been in the practice of instructing their
Senators, and this affords the strongest evidence of the principle upon
which the custom is founded.
It has been objected, that the right of instruction may destroy the
tenure of the Senatorial office, and render it subject to all the
political fluctuations in the several States. But the Senator is only
bound to obey: he is not called upon to resign. And although there may
be circumstances in which a man of honor might feel himself constrained
to retire from the public service rather than give the vote of his State
against his own convictions, yet these cases must, from their nature, be
of rare occurrence.
Besides, this objection implies an entire want of confidence in the
State legislatures. It supposes that they may become the instruments of
faction for the purpose of harassing Senators, and compelling them to
resign. In fact, it results in the principle that the people are
incapable of managing their own concerns, and are, therefore, under the
necessity of conferring an irresponsible political power upon one of
their own number, to save them from themselves. From the nature of our
institutions, we must repose such a degree of confidence in the State
legislatures as to presume that they will not abuse the power with which
they have been intrusted.
If it should ever clearly appear, in any case, that the immediate
representatives of the people have not obeyed their will in voting
instructions, this might present an exception to the general rule. Such
an occurrence, however, though possible, is highly improbable. It is not
to be presumed that State legislatures will exercise this important
power, unless upon grave and solemn occasions, after mature deliberation
and a thorough knowledge of the public will.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account