If they wish to protect themselves from oppression, they ought to have weight, and no human being should have power to throw their own weight against them. The people of the states would be peculiarly destitute of protection, if they could not instruct their Senators, because from the size of the districts and number of the constituents, it would be extremely difficult, if not impossible, to instruct a member of the House of Representatives, and hence PATRICK HENRY'S uneasiness for fear the Senator should disobey. What if the Senate should be “on a vital question under the control of the smallest state in the Union?”—Are the two houses of the Legislature of the smallest state less honest or less intelligent, than the individual Senator, who by supposition is about to oppose his own constituents and at least half of his co-Senators? Where is the evil? The will of the Legislature, which is responsible, prevails over that of the Senator, who is not responsible, unless he is for disobedience. Which adjustment of the question ought, by the theory of our government, to be {631} most satisfactory? We cannot hold instructions to be an evidence of _passion_ or _faction_ in the Legislature, but disobedience we must hold to be a ground for suspecting the Senate. If neither of these operated, I can conceive no reason for not resigning, when obedience would be wicked or disgraceful. If Mr. Madison required firmness and independence in the Senator, against the instructions of his own constituents, as well as against the acts of the House of Representatives, as Judge H. supposes, then it is clear that he knew and understood the right, and its obligation, _and feared it_, and wished to provide against it, by protecting the Senator from its force. If such was his purpose, how egregiously has he failed—how bungling has been his work—how disingenuous his course—how unlike in all respects, is this to the other works of that great man? The length of term did not protect from instructions, because a Senator of one year may be instructed as well as one of six years. Where is the protection against this awful right? Mr. M. knew that it existed under the articles of confederation, and was exercised, yet he did not prohibit it in the constitution. He feared the power to recall, and he took away that; but it seems he feared this right, and left it. It is true that he provided no punishment for disobedience, but none existed under the confederation, and none had ever been found necessary in the British Parliament, the Convention of New Hampshire, the Congress, or the State Legislatures. If he feared the right, he must have wished it uprooted, yet he left it precisely as he found it. He was particularly cautious in concealing his antipathy in the Virginia Convention and the Federalist. In the latter he speaks of firmness necessary to resist the House of Representatives, and transient popular commotions