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
In these reported debates, _Hamilton_ is represented to have said—that
“it would be a _standing instruction_ of the larger States to increase
the representation.” Observe, this is not applied to the _Senators_
only, but to the delegates or representatives of the States in {407}
Congress, in both Houses, and has no reference to any right of
instruction by the State Legislatures to their Senators; _that_ was
not the subject of the debate; nor is it intimated _by whom_ or in
what manner these standing instructions are to be given. The meaning
of General Hamilton, I think, is obvious, and has no bearing on our
question. The phrase, _standing instruction_, means that it is so
clearly the interest of the larger States to increase their
representation, that their delegates will always consider themselves
to be bound, to be _instructed_ by that _interest_, by their duty to
their States, to vote for such increase. They will so _stand
instructed_, at all times and without any particular direction from
their States; they will always take it for granted, that it is their
duty to increase the representation. The very phrase distinguishes it
from the case of _specific instructions_ made, from time to time, on
particular measures as they shall arise for deliberation and decision
in the national legislature. But General Hamilton, as quoted, proceeds
to say—“The _people_ have it in their power to _instruct_ their
representatives, and the State Legislatures which appoint their
Senators may enjoin _it_ (that is the increase of the representation)
also upon them.” I may here repeat that all this is true; but by no
means reaches the point to which this right of instruction is now
carried. The people may instruct, and the legislatures may enjoin, and
both will always, doubtless, be attended to with a deep respect and a
powerful influence; but if with all this respect and under this
influence, the representative or the Senator cannot, in his honest and
conscientious judgment, submit himself to them, does he violate his
official duty, and is he bound to relinquish his office? This is the
question, and no affirmative answer to it, or any thing that implies
it, can be found in any of the writings or speeches of the gentleman
alluded to; nor, as I believe, in any of the writings or speeches of
any of the distinguished men at that time. The doctrine is of a later
date; it is not coeval with the Constitution, nor with the men who
formed it. Much reliance is placed, by the writer in the Enquirer, on
the strict meaning of the word _enjoin_; it is thought to be
peculiarly imperative. Conceding, for the argument, that this precise
word was really used by the speaker, it is certain that in speaking,
and even in writing, this word is not always used in the strict sense
attributed to it. Cases of common parlance are familiar and of daily
occurrence, in which it is used only to mean a strong, emphatic
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