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
I do not know whether the advocates of this doctrine of instructions
extend it to trials or impeachments before the Senate. If they do not,
I would ask on what distinct principle do they exempt such cases from
this legislative right of dictation? The claim is broad and general,
covering all the powers, duties, and acts of a Senator. Who is
authorized to make the exceptions? By what known rule are they to be
made, or do they depend upon an arbitrary will? Is this will or power
lodged in the State Legislatures? Then they make the exception or not,
at their pleasure; they may forbear to interfere in one
impeachment—and they may send in their dictation in another, according
as, in their discretion, it may or may not be a case calling for their
interference. Their power over their Senator, to compel him {410} to
obey or resign, is in their own hands, and they may issue their
mandate to him to condemn or acquit the accused, or they may leave him
to his own judgment and conscience as they may deem it to be
expedient. Such is the state of the case, if the right of
discrimination, of making exceptions from the general power of
control, is vested in the Legislatures themselves. Is it then given to
the other party, that is, to the Senator? Then the power resolves
itself into an empty name; or rather into just what I say it should
be, a recommendation entitled to great deference and respect, but with
no obligation to obedience. If the Senator has an admitted discretion
to obey or not to obey the instructions of his Legislature, _according
to the nature of the case in which they are given_, then the right of
the Legislature to give them is not absolute in any case, but it is
left to the judgment of the Senator to decide for himself whether the
case be one in which he can and ought to follow their instructions or
not. There is no special exception of impeachments, and the right to
exempt them from this legislative control, if it exist at all, must
depend upon the nature of the case, and, of consequence, what is the
nature of a case which entitles it to this exemption must be decided
by the Legislature or by their Senator. We have seen the effect of
either alternative. In truth, this power of control must be
co-extensive with the powers and duties of the Senator, or it is
nothing.
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