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
To give you the strongest case against my argument, I will suppose
that the Constitution had said—“The State Legislatures may _instruct_
their Senators,” and had said no more; would this have created an
imperious obligation on the Senator implicitly to obey the
instructions? Would disobedience forfeit his office directly, or
virtually by making it his _duty_ to resign it? I think not. It would
have been no more than a constitutional, perhaps a superfluous,
recognition of the right of the State Legislatures to interfere so far
and in this way, with the measures of the federal government, to give
their opinions, their recommendation, their counsel, to their
Senators; but the Senators would afterwards be at liberty, nay it
would be their duty, to act and vote according to their own judgment
and consciences, on the responsibility which they _constitutionally_
owe to their constituents, which is found, as Mr. Madison says, _in
the periodical change_ of the members of the Senate. The Constitution
knows no other check upon the Senators; no other responsibility to the
State Legislature, while the Senator acts within and by the admitted
powers of his office.
But I am wearying you to death. Let me conclude this interminable
epistle by referring to an authority which no man living holds in
higher reverence than you do. About a week or ten days before the
death of that great and pure man, a true and fearless patriot, _Chief
Justice Marshall_, I called to see him. This question of instructions
was then in high debate in your papers. I said to him that I thought
the Virginia doctrine of instructions was inconsistent with all the
principles of our government, and subversive of the stability of its
foundations. He replied in these words—“It is so; indeed the Virginia
doctrines are incompatible not only with the government of the United
States, but with _any_ government.” These were the last words I heard
from the lips of _John Marshall_.
H.
PERDICARIS.
Public-domain text, read in full here on John Shaqi.
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