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
A right so important, so often asserted in his presence as existing,
so frequently exercised in those times, if disapproved, should have
been directly denounced in the letters of Publius. That great work
left little to conjecture in the thorough examination which it gave of
the rights reserved or the powers conferred by the constitution. Every
objection which the talent of its opposers, or the ingenuity of its
friends could imagine, was ably discussed. This right is no where
denied or objected to. The passages on which Judge H. relies, do not
in my opinion sustain him. Nothing can be found in the numbers 62 and
63, specially quoted, unfavorable to the exercise of this right, or
the force of the obligation of instructions. In those numbers, Mr.
Madison is meeting two objections, of a similar character, to the
constitution of the Senate. The one founded on the impossibility of
recall, and the other the protracted duration of the term. The
objections to the power of recall, we have already partially
considered, and shown the wide difference which exists between that
power and the right to instruct, as they affect the course of the
Senator—the one being a power which may benefit a Senator, and cannot
injure him, the other placing him and his character in a great measure
at the mercy of jealous rivals, or the caprice of the factious. To
have a very short term, would manifestly have an effect upon the
Senator analagous to that produced by the power to recall. The fear of
being turned out would operate as injuriously upon his firmness and
independence as the fear of being recalled. Indeed it would be a
source of greater terror, as the Legislatures could be more easily
induced not to re-elect an officer whose term had expired, than to
resort to the harsh measure of recalling one in the midst of his
career. Both these objections were then of a similar character. Either
of the powers demanded, would diminish the firmness and impair the
independence of the Senator—prevent a sufficient continuation in
office to ensure an adequate amount of information in public affairs
to enable him to regulate foreign matters with skill, or pursue any
uniform course of enlightened policy—and either would at the same time
deprive the Senate of one of its principal badges of usefulness, as a
check to the House of Representatives, with which it would have been
too similar in its character and term of office to resist effectually
its impulses to yield to popular opinion, or, as the Judge perhaps
more properly expresses it, popular feeling. But none of these
objections apply to instructions. They do not eject the Senator from
office, unless he differs with his constituents upon some important
question of constitutional law which is about to be practically acted
upon; or unless he has in some manner committed his honor in
opposition to his constituents. In either of these cases, the
Public-domain text, read in full here on John Shaqi.
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