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
In Burgh's Political Disquisitions, (London, 1774) the American
doctrine in its most rigorous extent is found applied in full vigor to
members of parliament, and sustained by an abundant series of
precedents from the earliest times, and quotations of the strongest
language from members of Parliament in sustaining the duty of
obedience, and the advice and opinions of the best English authors, to
the same purport. (See vol. I, from p. 180 to 205—many instances of
instruction and obedience against the sentiments of the
representative, a few of which are in _Mr. Leigh's_ report of 1812.)
In the _Irish_ parliament, which met in November 1767, there was
scarcely a town or county which had not instructed its representative
to vote in favor of a limitation of their parliaments to seven years;
and so eager were they, that all required the most positive
assurances, and some even exacted an _oath_ from their members to vote
for the bill. The bill was passed, and its subsequent history affords
a curious instance of legislative cunning and popular firmness. (See
London Magazine, 1768, p. 131.)
In the session of 1733-4, (An. 7, Geo. II) _Sir William Wyndham_, in
the house of commons, in a speech on _Mr. Bromley's_ motion for
repealing the septennial act, said of an opinion of _Mr. Willes_,
(afterwards chief justice) of a character very similar to that
advanced by _Judge Hopkinson_, (to wit: “After we are chosen, and have
taken our seats in this house, we have no longer any dependance upon
our electors, at least so far as regards our behavior here; their
whole power is then devolved upon us, and we are in every question to
regard only the public good in general, and to determine according to
our own judgment. If we do not—if we are to depend upon our
representatives, and to follow blindly the _instructions_ they send
us, we cannot be said to act freely, nor can such parliaments be
called free parliaments. Such a dependance would be more dangerous
than a dependance upon the crown”)—that it was “not only a _new_
doctrine, but it was the _most monstrous_, the _most slavish_ doctrine
that ever was heard, and such a doctrine as he hoped no man would
_ever dare_ to support within those walls. He was persuaded that the
learned gentleman _did not mean_ what the words he happened to use
seemed to import—for though the people of a county, city or borough
may be misled, and may be induced to give instructions which are
contrary to the true interest of their country, yet he hoped he would
allow that in times past the crown has oftener been misled; and we
must conclude that it was more apt to be misled in future, than we can
suppose the people to be.” (See Com. Debates VIII, pp. 172, 188. The
whole debate might be read with advantage by many modern
_republicans_.) Here, whatever right the crown had to control
parliament, is vested in the legislatures as to senators, and the
Public-domain text, read in full here on John Shaqi.
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