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 again quotes MR. MADISON. “MR. MADISON goes so far as to
say, that as our governments are entirely _representative_, there is a
total exclusion of the people, in their collective capacity, _from any
share_ in them.” This is true, and makes it the more iniquitous to
deprive them of any share through their representatives. If they can
neither act themselves, or act by their representatives, they only
elect masters, and it is nonsense to say the will of the people
prevails. Mr. M. could only have meant that no act of the people, in
their collective capacity, was a governmental act; he did not mean to
say that they were slaves, who periodically elected masters, but that
they should never act in person, and only by their servants. The
inference drawn from this remark, viz: that the Senator ought not to
be bound by the will of all the people in his state, must be
fallacious. If all the people of a state came to the Senate chamber,
and wished to give a vote, they could not vote except through their
Senator. It is so ordained in the constitution; but how can it be
thence inferred that the Senator is not bound to obey them? This
however is impracticable, and the Senator can only know the will of
his state through the legislature. That body constitute his
constituency. Whether it properly represents the people or not, is a
question between its members and the people. No Senator would have
thought of looking beyond his own constituents, but from the fact that
_they_ happen to act vicariously. If the same number of individuals,
not being representatives, were selected by the constitution to elect
Senators in the several states, it is clear that the Senators could
not look to the public opinion of any persons except the electors. We
must presume that the constitution meant to place the full power of
instruction (if the right exists) exclusively in that body in which it
had sufficient confidence to place the power of selection, and which
only could practically exercise it. If the Senator does doubt, or is
even sure that the legislature does not conform to the will of its own
constituents, it will afford him no excuse for a similar violation. If
a representative can look at all beyond the opinions of those who have
a right to vote, then there is no limit. Where there are high freehold
qualifications to suffrage, and instructions are given by every voter,
a delegate may say, “The unqualified individuals outnumber you, and I
will assume that they think differently”—nay, he may say, “the women,
the children, the free blacks, paupers, Indians and slaves think
differently, and they are a majority of my constituents.” What then
becomes of those guards and checks in the constitutions, which presume
superior wisdom in a particular class of persons, or that certain
rights require especial protection, if the delegate may thus, by
creating a new and fancied constituency for himself, and one too which
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