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
At page 69, MR. JOHN MARSHALL, so happily characterized by JUDGE
HOPKINSON as “that great and pure man, that true and fearless
patriot,” in answer to an argument of PATRICK HENRY, founded on the
asserted rejection of the constitution by certain states, says, “New
Hampshire and Rhode Island have rejected it, he tells us. New
Hampshire, if my information be right, will certainly adopt it. The
report spread in this country, of which I have heard, is that the
representatives of that state having, on meeting, found they were
INSTRUCTED TO VOTE AGAINST IT, RETURNED TO THEIR CONSTITUENTS, without
determining the question, to convince them of their being mistaken,
and of the propriety of adopting it.” This was a matter of
overwhelming importance to the people of New Hampshire, in which their
representatives were convinced that they ought to decide in a
particular way, but being instructed differently, they would not carry
out their own views, though in fact correct; but the whole convention
resigned, to endeavor to convince them of their error. MR. MARSHALL
quotes this instance of a whole body being prevented by instructions
from doing the only work which they assembled to do, as a matter by no
means astonishing or culpable, though he himself was of the same
opinion with the representatives of New Hampshire. It was an example
of good principle worthy of all imitation.
There are a few more remarks in the same speech which we cannot
forbear from quoting. PATRICK HENRY was afraid to trust the power over
both the sword and the purse to Congress, and was very jealous of the
clause allowing Congress the power to keep secret certain matters,
supposing that under the mantle of public necessity they would conceal
their votes, and would violate the rights and instructions of their
constituents without being detected. To this MR. MARSHALL says, “The
honorable gentleman has asked, if there be any safety or freedom when
we give away the sword and the purse? Shall the people at large hold
the sword and the purse, without the _interposition_ of their
representatives? I apprehend that every gentleman will see the
impossibility of this. Must they then not trust them to others? To
whom are they to trust them but to representatives who are
_accountable_ for their conduct?” He then shows that secrecy is
allowed in the British government, and proceeds thus. “We are
threatened with the loss of our liberties by the possible abuse of
power, notwithstanding the maxim, that _those who give may take away_.
It is the people who give power and can take it back. What shall
restrain them? They are the _masters_ who gave it, and of whom their
_servants_ hold it.” We cannot doubt that one holding these sound
republican principles, then at least, approved the noble example of
resignation on account of instructions, which he had just before
quoted.
Public-domain text, read in full here on John Shaqi.
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