The Southern Literary Messenger, Vol. II., No. 11, October, 1836Various
History
The Southern Literary Messenger, Vol. II., No. 11, October, 1836
Various
American literature -- 19th century -- Periodicals
One remark of Judge H. will finish our consideration of this portion
of his letter. “This (right of instruction) {688} is practically to
give the legislatures a power to recall their senators, as
instructions may always be given, which _must be disobeyed by an
honest man_.” Such could not be given by an _honest man_. This
supposes a _majority_ of each legislature always dishonest, and ready
to pass dishonest instructions, not to effect legislation, but merely
to eject an _honest_ senator. What could induce this? only _one_ could
take the place, and the rest must be prostrated, unless the people too
be dishonest. A new election would place honest men in power, _they_
would give honest instructions to the dishonest senator, and by our
rule he must obey and honest measures prevail, or give place to an
honest man. So that the rule is likely to work as much good as harm in
any contingency, unless honest men are necessarily corrupt state
legislators, or a dishonest man an honest senator, or the _people_
thoroughly corrupt. If the latter is true, unless we could find an
honest king, we must be content with a corrupt government.
In his former letter the Judge complained that there was no mention of
this right in the constitution,[2] and now declares that “not a
syllable can be found any where from any body which hints at this
right.” I trust this popular periodical now bears many syllables from
high authority having an “awful squinting” that way, and visible to
the naked eye. But there is still higher evidence, not only of the
knowledge of this right by our ancestors, but of the high value and
sanctity of it in their estimation. It was incorporated into the first
Virginia bill of rights, thence copied _verbatim_ by the Virginia
convention on the federal constitution, in a bill of rights which that
body proposed to attach to the federal constitution, and copied again
_verbatim_ in the recommendations of amendments by the _North
Carolina_ convention on the constitution.[3]
[Footnote 2: _Mr. Bowdoin_. “The whole constitution is a declaration
of rights. The rights of _particular states_ and private citizens not
being the object or subject of the constitution, they are only
incidentally mentioned. In regard to the _former_, it would require _a
volume_ to describe them, as they extend to every subject of
legislation not included in the powers vested in congress.”—_Debates
Massachusetts Convention_.]
[Footnote 3: See fifteenth article of Virginia bill of rights, _passed
unanimously_ in the Virginia convention, _June 12th, 1776_, in these
words. “XV. That _the people_ have a right peaceably to assemble
together, to consult for the common good, _or to instruct their
representatives_; and that _every freeman_ has a right to _petition_,
or _apply_ to the legislature for redress of grievances.”
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