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 would here make a remark upon this report of Mr. King's speech,
which shows how carelessly the report was made, or how loose Mr. King
was in his choice of words. In the beginning of the passage quoted, he
refers to the _State Legislatures_, as the bodies who are to check, by
their instructions, the wanderings of the Senators. In the conclusion
he is made to say—“When they (the Senators) hear the voice of the
_people_ dictating to them their duty,” &c. Now, it can hardly be
pretended that the _Legislature_ and the _people_ are identically the
same; or that a vote of the Legislature by a majority of one—or by any
majority, can always be said to be the voice of the people. It is as
probable that they may misrepresent the people, as that the Senators
should misrepresent them. It is not uncommon for the people to
repudiate the acts of their Legislature. It was understood to be so in
Virginia, on the late question on the conduct of her Senators. The
solemn and deliberate opinion upon any subject, of the body from which
an officer derives his appointment, will always be received with great
respect, as coming from a high source and with much authority, but the
Senator, acting on the responsibility he owes to the _whole country_,
must take into his view of the case the effect of his instructions
upon the whole; he must not shut his eyes from examining the occasion
which produced the instructions—the circumstances attending them—the
means by which they were obtained—the errors, or passions, or
prejudices which may have influenced and deceived those who voted for
them; in short, he must carefully and conscientiously examine the
whole ground, and finally decide for himself on the double
responsibility he owes to his _own State_ and to the _United States_;
to those who appointed him to office and to himself, and his own
character. There is no doubt that this examination will be made with a
disposition sufficiently inclined to conform himself to the wishes of
his constituents.
Mr. Jay expressed himself with more discrimination and caution than
Mr. King; and no inference can be drawn from what he says, that there
is any right or power in a State Legislature to demand obedience or
resignation from a Senator, to their instructions. He considers their
instructions to be, what in truth and practice they have always been,
nothing more than advice or information coming from a high source and
entitled to great respect. He says, “the Senate is to be composed of
men appointed by the State Legislatures. They will certainly choose
those who are most distinguished for their general knowledge. I
_presume_ they will also instruct them.”
Public-domain text, read in full here on John Shaqi.
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