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 idea advanced by JUDGE HOPKINSON, of the impropriety of the
Senator's acting upon the _dictation_ of others, and his _own
responsibility_, seems a little disingenuous. The agent must be
considered as released from all responsibility, when he is ordered by
his principal to do a particular act. If he thinks that act illegal,
or dishonorable, he need not do it, but he ought to resign. And all
the responsibility rests upon the instructing Legislature. He has no
right to set up his opinion or conscience as supreme law for any one
but himself, and he is bound to presume that his constituents honestly
differed in opinion with him. If he disobeys, he will find that the
people will think it quite as probable that one man was wrong from
corruption, as that a majority of their immediate representatives were
corrupt. We do not maintain that “it is the official duty of the
Senator to obey _in all cases_,” but it is his moral duty in all cases
in which he is instructed to do a possible act, to obey or resign. But
says, Judge H., he may by his resignation defeat his constituents. Be
it so—the responsibility is upon them; but they cannot be defeated in
as great a degree, by having no representative, as by being
misrepresented. No vote is better than a vote against ourselves. Admit
the reverse to be true, and can an involuntary, accidental defeat of
the people's wishes, by a conformity to principle, be any excuse for a
wilful and predetermined defeat of their will? Can the Senator say, if
I had resigned, my successor might not have arrived in time to vote
for you, and so I held to my place, and voted against you? When Judge
H. contends that the will of the people may be defeated by the
resignation of the Senator, and that he ought therefore not _to
resign_, he admits that the will of the constituent ought to prevail,
and of course that instructions ought to be obeyed.
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