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
MR. TYLER admits our principle and says he would obey, but for
constitutional scruples, but having these he resigns. This seems a
simple, intelligible, respectful course; but Judge H. “whose political
metaphysics surpass my understanding,” loses himself in a labyrinth of
doubt and obscurity. He says in effect “I will do as I please,” makes
the matter simple enough. All {692} despotisms are simple, and simple
people submit to them. “Obey or resign” is not too complicated to be
understood by men as enlightened as senators ought to be, and seems
more suitable language between masters and servants. He creates a new
difficulty by making senators not enlightened, but simpletons, groping
in the dark in each case, to know whether they must obey _or_ resign.
All such should resign at once, for Judge H.'s theory is based only
upon exalted wisdom, and cannot save him, if he is a “simple
novitiate” seeking a _rule_ to guide him in a plain duty. He would be
a “simple novitiate” indeed who would inquire “what legislature he
should obey.” Common sense would seem to say the question only arises
upon the instructions actually before him in all cases, and he could
not obey a legislature which did not instruct, or instructed last
year, or forty years ago, or may instruct forty years or a month
hence. I cannot see where the Judge finds authority for his “playing
for the rubber, or taking his chance for a third heat,” (as he
facetiously remarks, “_especially in Virginia_,”) unless the senator
has second sight, and then the argument proves that he ought to obey,
not only promptly, but _a year in advance_. But it is better to _count
out with honors_ and gain _his points_, than run the risque of losing
by this _odd trick_.
The strangest perversion runs through these comments upon Mr. Tyler's
course. The firmness before required is forgotten. The senator must
disobey if he finds great men against his constituents—the opinion of
a JAMES MADISON, or even a disappointed minority of his own
constituents, if _in his opinion_, possessed of more intellect than
the majority, may be obeyed in preference. A majority of constituents
seems to be the only body, to be utterly disregarded.
But the leaning on authority is not yet sufficient; we are to be
defeated not only by _concurrence_, but _difference of opinion_, as
the following paragraph proves:
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