[Footnote 5: _Judge Hopkinson_ is against _all instructions_, but thinks his reasoning stronger in the case of senators, because the right is not reserved. I am for _all instructions_, and especially those to senators, because of their character as ambassadors, representing sovereignty, and because it is a reserved state right, secured by our international compact, in which all is reserved which is not _given_, and in which a representation of sovereignties, as such, was insisted upon and yielded. But even as to popular instructions, the case is much stronger here than in England, for reasons intimated in my last. Lee us see how it has stood there, long before the reform bill, and long before the American {689} revolution brought up all the questions of representation and taxation for discussion and decision. In the most ancient times, when the connection between vassal and lord was very close, and the vassal had little to which the lord could not lay claim, the commons were considered as represented in the commune concilium, by the lords and great barons under whom they held; but the king's tenants _in capite_, holding _immediately_ from the crown, could not be considered, by the most liberal construction, as thus represented, and they were therefore admitted into parliament, in propria persona, in their own right. When these became too numerous thus to be admitted, they of their own accord, to avoid inconvenience, appeared by _proxy_. As the towns, cities, and boroughs began to receive incorporations, to grow in importance and wealth, especially personal property, an aliquot part of which was always granted, they too being unrepresented by the lords, were required to send _proxies_; and it was subsequently extended to knights for the shires, as the feudal fetters wore away. These _proxies_ had no power but that conferred by their constituents. (See Pettyt's Antient Right of the Commons of England, p. 14; 1 Gordon's History of Parliament, 215)—(Lex Parliamentaria, 113 and 117.) “And Note, If any new project was proposed in Parliament for raising subsidies or supplies, the commons usually replied thereto that they were not _instructed_ by their principals in that matter, or that they durst not consent to such tax, &c. without conference with their countries.” “And Note, Blackstone (Book I, 168) says, a member of the house of commons cannot vote by proxy, because ‘he is himself but a _proxy_ of a multitude of other people.’” Representation in the Parliament of _Scotland_ went through a similar process. (See Lord Somers' Tracts, vol. 12, p. 610.) In the seventh parliament of the reign of James the First of Scotland, (1427) “the small barons were allowed to send commissioners, and were charged with the fees of their deputies,” and this was the first instance of _elective_ members to the Scottish parliament.