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
Such a right is at once met and nullified by a right to
refuse. They are equal and contrary rights. As we are upon a question
of verbal criticism, and it is so treated in the Enquirer, we may look
for information to our dictionaries. To instruct, in its primitive or
most appropriate meaning, is simply to _teach_—and instruction is the
act of _teaching_, or _information_. It is true that Johnson gives, as
a more remote meaning, “to inform authoritatively.” Certainly, the
Legislature may instruct, may teach, may inform a Senator, and
whenever they do so it will be with no small degree of authority from
the relation in which they stand to each other; but the great question
is, not whether this would be an impertinent or improper interference
on the part of the Legislature, but whether the Senator is bound, by
his official oath or duty, implicitly to obey such instructions;
whether he violates a duty he ought to observe, or usurps a power
which does not belong to him, if he declines to submit to these
directions, if he cannot receive the lesson thus taught, or adopt the
information thus imparted to him. Does {406} the spirit of our
Constitution (for clearly in terms it does not) intend to make a
Senator of the _United States_ a mere passive instrument or agent in
the hands of a _State Legislature_. Is he required by any legal or
moral duty or obligation, to surrender into the hands of any man or
body of men, his honest judgment and conscientious convictions of
right? To act on _their_ dictation and _his own_ responsibility;
responsible to his country for the consequences of his vote, and to
his own conscience and his God for the disregard of his oath of
office, which bound him to support that Constitution which his
instructions may call upon him to violate, _as he conscientiously
believes_. It will be a miserable apology for him to say, that he has
done this because he was so ordered by a body of men, who may have
thought or cared very little about it, and may hold a different
opinion the next year without remorse or responsibility. But if he
cannot obey, must he save his conscience by resigning his seat? This
is the most unsound and untenable of all the grounds assumed in this
discussion. If it is the _official duty_ of the Senator to do and
perform the will of his constituents, or rather of those who gave him
his office, then he violates or evades that duty by resigning; and he
may, in this way, not only abandon his duty, but as effectually defeat
the will and intention of his Legislature as by actually voting
against it. To return to Mr. King—how does he propose or expect that
this check of legislative instructions is to act upon the Senator?
What is the nature of the obligation he considers to rest upon the
Senator to obey them? He does not pretend that there is any power in
the Legislature to enforce their instructions or cause them to be
respected.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account