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 Judge seems to me here to shift his ground in some degree. He
evidently considers the instructions as doing something more than
giving information, for the Senator could not _be convinced_ either by
_respect_ or _influence_. To instruct a representative, generally
supposes a difference of opinion between the agent and principal. If
this difference does not exist, the instructions will of course be
obeyed, and no question arises. If it does exist, the Senator is bound
to obey or resign, or he is not. If the latter is the correct
doctrine, he must disobey, because his conscientious conviction
requires him not to obey. Instructions then must either convince his
reason, or be entirely inoperative. It is mockery to talk of respect
and influence. It would be criminal in a Senator to be swerved from
the conscientious conviction of his mind as to his duty, by respect
for any men or their influence, however exalted they might be. To say
that a Senator is not bound to obey or resign, because his conscience
requires him to retain his seat and disobey—but that he will in fact
sometimes obey from respect or influence, is reasoning about as
correctly as it would be to say, “That he ought not to be held
responsible because he is honest, but that he may be trusted because
he is corrupt, or will at least stretch his conscience from respect to
us.”
But it was not for the purpose of noticing this little discrepancy
that the passage was quoted. It was for the purpose of noticing the
charge, that our “doctrine is of a later date; not coeval with the
constitution or the men who formed it,” which is indeed a startling
opinion to come from a gentleman of the acknowledged candor and
learning of JUDGE HOPKINSON. The opinion was expressed in the haste of
private correspondence, and upon investigation will not be adhered to.
The doctrine was not only existing and well understood prior to our
constitution, but was coeval with representation. That the agent
should conform to the express will of his principal, is so natural,
that we cannot doubt its establishment at once, wherever the valuable
representative principle has been introduced into government. It is
one of its chief recommendations. We {626} have recorded evidence of
the exercise of this power many times, and from remote periods, in the
British Parliament. Many of these instances of command and obedience
are collected by MR. LEIGH in his Report to the Virginia Legislature
in 1812. The British Parliament was the great model upon which our
statesmen framed our constitutions, and with its principles and
history they always evinced an astonishing familiarity. We cannot
suppose them ignorant of this great and obvious principle—a principle,
beyond all question, of much more doubtful propriety in England then,
and even now, than it can ever be in this country; because in England
a few places elect representatives for the whole body of the people.
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