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
which might affect that body, and I doubt not he meant to require
firmness in obedience to instructions against the wishes of the House
of Representatives as much as in any thing else. In the Virginia
Convention he heard loud calls for the protection of the right, yet
never denied its existence.
Suppose a question arises in the House of Representatives dangerous to
a state. It is carried in that body by passion or faction against such
manifestations of popular will as can be given. It is believed the
Senators will go the same way. The people have no resource left, but
instructions through their State Legislature. If this has no effect,
our servants are our masters, and we are ruled by an oligarchy the
more odious, because it presents us with a mockery of representation.
But it seems that Mr. Madison thinks the Senate “may be sometimes
necessary as a defence _to the people_ against _their own temporary
errors and delusions_; he justly applauds the _salutary interference_
in critical moments, of some respectable and temperate body of
citizens, to check the misguided career, and to suspend the blow
mediated by _the people against themselves_, until reason, justice,
and truth can regain their authority over the public mind.” This is
correct reasoning, but it cannot apply to the States or their
Legislatures, but must allude to the people of the Union and the House
of Representatives. The Senate cannot defend the people of any state
from their _own temporary delusions_, or afford a _salutary
interference_ with the proceedings of a State Legislature. The latter
body is supposed competent to act for itself, and not to require the
_protection_ of the United States Senate, and still less of an
_individual Senator_. This argument might be urged _in favor_ of a
Senator instructing a State Legislature, with more propriety than
_against_ the reverse operation, because under the present system the
State Legislatures have no connection with the United States Senators
unless they instruct them, and thus if they choose to be wilful and
refuse to instruct them, which by this new construction would be to
ask his advice, they may ruin the people by their temporary errors and
delusions, without ever giving their Senator the power to save them by
the salutary interference of his “respectable and temperate” mandate.
Public-domain text, read in full here on John Shaqi.
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