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
Will it be said that the obligation of a Senator to obey the
instructions of his Legislature, although not found in the
Constitution, results from the circumstance that he received his
appointment and power from that body? It is impossible to sustain this
ground. I recur to the case of a common agent to whom a full and
general power is given, irrevocable for six years; and, to make the
case more apposite, in the execution of which power the rights and
interests of other parties are deeply concerned, so that, in fact, the
agent is the attorney of those parties as well as of the one from whom
he receives his appointment. Will any one pretend that an agent so
constituted and thus becoming the attorney of _all_, with the right
and power _to bind all_ by his acts, is afterwards to be subject to
the direction of any one of the parties in any proposed measure
bearing on the general interest, merely because his immediate
appointment came from that party? When he is appointed, his powers and
his duties extend far beyond the source of his authority, and are,
consequently, placed beyond that control. His responsibility is to
_all_ for whom he is the agent, and he is false to his trust if he
surrenders himself to the dictates of any one, or sacrifices the
general to a particular interest. The President and Senate appoint the
judges, but it does not result from this that judges are to be under
the dictation and control of the executive. So of any other officer
acting within the sphere of his authority. The President by his
general power may remove him, for that or for any other cause, or for
no cause, but while he holds the office, he exercises its powers at
his own discretion, and is not bound to obey the appointing power. In
a despotism the master holds the bridle and the lash over every slave
he appoints to _execute his will_, but in a free representative
government it is the _law_ that is to be executed and obeyed, and the
officer, in performing his prescribed duties, is independent of every
power but that of the law. This is indispensable to the harmonious
action of the whole system.
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