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
As to the _first_, even Blackstone admits that members of Parliament
ought to obey if they represented separate communities, and did not
serve for the whole realm. He says, “every member is chosen for the
whole, and hence is not bound, like a deputy in the United Provinces,
to consult his particular constituents.” But here they are elected for
_states_, by analogy to the old congress and the diet of the United
Provinces.[4] MR. HAMILTON says in the Federalist, (No. 9,) “The
proposed constitution, so far from implying an abolition of the state
governments, makes _them constituent parts of the national
sovereignty, by allowing them a direct representation in the Senate_,
and leaves to their possession certain exclusive and very important
portions of sovereign power.” MR. MADISON says, in No. 45, “The _state
governments_ may be regarded as _constituent_ and essential parts of
the federal government.” MR. LANSING, who had been a member of the
federal convention, said in the New York convention, “I believe it was
undoubtedly _the intention of the framers of this constitution_ to
make the lower house the proper, peculiar representative of the
interests of the people—the senate of the _sovereignty of the
states_.” For this reason he wished a power of recall to make them
more dependent upon their states, “of whose independence it was
_designed by the plan_ that they should be the bulwark, and check to
the encroachments of the general government.” MR. SMITH, in the same
convention, was also very apprehensive of senatorial disobedience, and
advocated Mr. Lansing's amendment. He says, “with respect to the
second part of the amendment, I would observe, that as the senators
are the _representatives of the state legislatures_, it is reasonable
and proper that they should be _under their control_. When _a state
sends an agent_ commissioned to transact _any business_, or perform
_any service_, it certainly ought to have a power to recall him.” I
presume this authority, with that in a previous note, will
sufficiently establish this point.
[Footnote 4: “In Switzerland and _Holland_ the different parties
(states) send deputies, commissioned and _instructed_ by themselves,
who debate, but have no other power than what is conferred only by the
people, or may be subsequently given.” (_Harrington_, _Oceana_, 51.)
This bears a close resemblance to the powers of the old congress.]
II. As to the second reason, it received sufficient consideration in
my former number.[5]
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