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 cannot put out of the discussion, although I will not insist upon,
the objection to the authority of the reports of the speeches alluded
to, especially when it turns upon a question of extreme accuracy in
the use of certain precise words and phrases, any departure from which
would materially affect the sense of the speaker. We see daily in the
reports of congressional debates, the most important mistakes or
misrepresentations, unintentionally made, not of expressions merely,
but of the very substance and meaning of the speakers; sometimes
reporting the very reverse of what they actually said. I have occasion
to know the carelessness with which these reports are frequently made,
and, indeed, the impossibility of making them with accuracy. What a
man _writes_ he must abide by, in its fair and legitimate meaning; but
what another writes for him, however honest in the intention, cannot
be so strictly imputed to him. There is also an objection to
_extracts_, even truly recited, inasmuch as they are often qualified
or modified by other parts of the writing or speech. As I have not,
immediately at hand, the debates of the New York Convention, I am
unable, just now, to see how far this may have been the case in the
speeches from which the quotations are made. I must, therefore, at
present, be content to take them as they are given in the Enquirer,
and even then it appears to me that they are far from covering the
Virginia doctrine of instructions. Let us see. Mr. King is represented
to have said, that “the Senators will have a _powerful check_ in those
_who wish for their seats_.” This is most true—and in fact it is to
this struggle for place that we owe much of the zeal for doctrines
calculated to create vacancies. Mr. King proceeds—“And the State
Legislatures, if they find their delegates erring, can and will
_instruct them_. Will this be no check?” The two checks proposed, in
the same sentence and put upon the same footing, are the vigilance of
those who want the places of the Senators, and the instructions which
the State Legislatures can and will give to them. They are said to be,
as they truly are, _powerful checks_, operating with a strong
influence on the will and discretion of the Senator, but not as
subjecting him, _as a matter of duty_, either to the reproaches of his
rivals or the opinions of the Legislature. To do this, a check must be
something more than powerful; it must be irresistible, or, at least,
attended by some means of carrying it out to submission—some penalty
or remedy for disobedience. I consider the term _instruct_, as here
used, to mean no more than counsel, advise, recommend—because Mr. King
does not intimate that any right or power is vested in the Legislature
to compel obedience to their instructions, or to punish a refractory
Senator as an official delinquent. It is left to his option to obey or
not, which is altogether inconsistent with every idea of a _right to
command_.
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