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
proxies in joint stock companies always vote as directed by their
principals? Would it be thought honorable to hold a proxy and disobey
the will of the principal? What have the co-principals to do with the
reason for the agent's acts? Whether he obeys the will of his
principal, or his own will, they are equally bound, and the question
is between him and his employer. They have still less right to object
to his resignation, because the agent is nothing in the contract, but
the _act_ is every thing. Whether the agent {635} is bound by oaths
and bonds and security to obey, or is left free, he is equally a legal
agent.
But is it fair to judge of rights which appertain to the structure of
our government, and are necessary for its proper administration, and
the safety of the people, by analogy to a private association of
individuals, whose rights, if not regulated by express contract, are
regulated by the arbitrary dictates of positive law? You may suppose a
private association to be regulated by any principles which you may
please to fancy, and hence may suppose the right of instruction to
exist or not at your pleasure. But you cannot infer from what you
suppose to exist in this fancied compact, that an analogous right does
or does not exist in the great positive governmental compact. That
must be tried by its positive terms, and not by fanciful analogies.
Wherever a Constitution rests the power to elect _a representative_,
there lies the power to instruct. A Senator is responsible only for
his own conduct, not that of his constituents; if their instructions
are not approved by the people, they are responsible. Shifting
responsibility destroys responsibility. If a Senator may defeat the
will of his constituents in any case, he may in all, however unanimous
the people and the legislature may be, and however important and
permanent the consequences of his vote. If his firmness and
independence may defeat his constituents, and he call solemn acts of
the legislature temporary delusions, so may he under a delusion,
defeat the deliberate wisdom of the people. Persons now living have
seen Senators disobey and defeat the deliberate judgment of the
people, expressed by several successive legislatures, sanctioned by
repeated State elections, and sustained by the concurrent opinions of
a majority of the States, the House of Representatives, and a vast
majority of the American people. If this is right, then our government
is under the control of a despicable and vexatious aristocracy.
Public-domain text, read in full here on John Shaqi.
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