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 verbal criticisms entered into by the Judge, do not appear to me
to sustain his case. To instruct is doubtless in its primitive meaning
to _teach_, but the question is, when applied to the Senator,—teach
what? Not certainly to give general information. Is it to impart
superior knowledge upon the specific question to the Senator? This
militates against the federal doctrine of the superior wisdom of the
Senator; it supposes the legislative wisdom to be greater than his,
and of course, as such, it ought to prevail. For what purpose would
they enlighten him, if he was not bound to pursue the proper course
thus pointed out? It must be remembered that _teach_ does not mean to
advise or request. If this legislative teaching, is not to give
general information, or impart superior wisdom in particular cases, or
request, or advise a particular course, only one thing remains to
which the word teach can be applied, and that is the _will_ or
_wishes_ of the Legislature; and the fact of teaching would seem to
imply that he was to do their will if he knew what it was. They never
teach unless they believe he intends to act contrary to their wishes,
and their instructions are to inform him that he the servant has
mistaken the will of his principal, and thus instruction given in
cases of misapprehension or mistake of the will of the constituent,
becomes the polite term for a command in other cases. This
signification of command, is also one of the regular meanings of the
word. Johnson gives “Authoritative mandate” as one of its
significations. To give less force than this to the word, would make
the Legislatures mere petitioners, and their _instructions_ to
Senators have precisely the force of their _requests_ to the members
of the House of Representatives. But none of our writers, old or
modern, ever {625} considered these _requests_ as any sort of check
upon the House of Representatives; but all look to the Senate as a
check upon that body, and to check the Senate they say the State
Legislatures may instruct. If requests will be of any avail as a
check, why go around Robin Hood's barn, to bring them to bear?—why not
have said at once, the State Legislatures may instruct their members
in the House of Representatives? “Will this be no check?” Since an
example has been set by such high authority, of investigating valuable
rights by the light of the verbal critic's lamp, let us see if Dr.
Johnson will not extend a hand to save the people as well as to prop
their masters. He defines a representative to be “One exercising the
vicarious power given by another”—and vicarious is “_Deputed_,—
_Delegated_,—_Acting in place of another_.” We can find no authority
here for one who acts in a representative capacity, to act according
to his own will, and in direct opposition to the will of those in
whose place he acts.
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