The southern literary messenger, Vol. II., No. 7, June, 1836Various
History
The southern literary messenger, Vol. II., No. 7, June, 1836
Various
American literature -- 19th century -- Periodicals
If the Constitution—for that is our _government_, and by that must
this question be decided—intended to reserve this great controlling
power to the State Legislatures, over the Legislature of the United
States, for such it is as now claimed, we should have found some
provision to this effect, some evidence of this intention, either
expressed, or by a fair and clear implication, in the instrument
itself. Nothing of the kind appears. We should have further found some
form of proceeding to compel a refractory Senator to obey the lawful,
authoritative mandate of his State Legislature. It is an anomaly in
any government to give an authority to a man or body of men, without
any power to enforce it, to carry it out into practice and action, to
make it effectual. To give a right to command, and to furnish no means
to compel obedience, no process to punish a disregard to the order, is
indeed like Glendower's power to _call_ spirits, but not to _make them
come_. To say that I have a right to order another to do or not to do
an act, but that it is left to his discretion to obey me or not, is a
contradiction in terms. It is no right, or at least no more than one
of those imperfect rights which create no obligation of respect. If I
give to my agent a command which, by the terms and tenure of his
agency, by the limitations of his authority, he is bound to obey, and
he refuses to do so, I may revoke his power, or rather he had no power
for the act in question; he is not my agent, and cannot bind me beyond
his lawful authority, or in contradiction to my lawful command. On the
other hand, _that I am bound by his acts_ is a full and unquestionable
proof that he has acted _by and within his powers_, and that I had _no
right_ to give the command which he has disobeyed. There cannot be a
lawful command, and a lawful disobedience on the same subject. If by
the terms of the power of attorney, which is the contract between the
principal and his agent, certain matters are left to the judgment and
discretion of the attorney, or are within the scope of his
appointment, without any reservation of control on the part of the
principal; then no such control exists, and this is most especially
the case when the rights and interests of other parties are concerned
in the execution of the power and trust.
Public-domain text, read in full here on John Shaqi.
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