The Southern Literary Messenger, Vol. II., No. 10, September, 1836 — John Shaqi
The Southern Literary Messenger, Vol. II., No. 10, September, 1836Various
General
The Southern Literary Messenger, Vol. II., No. 10, September, 1836
Various
American literature -- 19th century -- Periodicals
The Virginia doctrine of instructions is thus laid down by the Judge.
“I understand that doctrine to be, that the instructions of a State
Legislature to a Senator of the United States, are an authoritative
lawful _command_, which he is bound implicitly to obey, and which he
cannot disobey without a violation of his official duty as a Senator,
imposing upon him the obligation to resign his place if he cannot, or
will not, conform to the will of his Legislature.” There is but one
fault to be found with this definition, which is the insertion of the
word “_official_” instead of the word “_moral_.” We hold the
obligation to obey instructions or resign to be a moral duty of the
man, incident to the acceptance of the office, rather than the
_official_ duty of the Senator. The latter duties are prescribed by
the constitution, the former are established by general principles of
political ethics. This distinction may seem to be rather nice than
important, since the establishment of either would lead to the same
practical result. But as we are now discussing the propriety of that
result, it is important to know precisely upon what principles the
right is based, lest we lose our cause by a mistake in terms. If we
contended for the official duty of the Senator, we could look _only_
to the constitution for the establishment of the right, but contending
for the moral duty as an honorable man and an honest politician, we
may look to any source not incompatible with the provisions of that
instrument. The learned Judge proceeds, after laying down his
definition to state his objections. The doctrine appears to him “to be
absolutely incompatible with the cardinal principles of our
constitution, as a representative government; to break up the
foundations which were intended to give it strength and stability, and
to impart to it a consistent, uniform, and harmonious action; and
virtually, to bring us back to a simple, turbulent democracy, the
worst of all governments—or rather, no government at all.” We
Virginians must be permitted to join issue with the Judge upon each of
these conclusions, and I for one must confess that my mind is not
satisfied either by the ingenuity or learning displayed by him. But as
his reasons for his conclusions are developed in the progress of his
argument, perhaps it will be better to unfold our objections to his
conclusions whilst following his reasoning.
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