The southern literary messenger, Vol. II., No. 7, June, 1836 — John Shaqi
The southern literary messenger, Vol. II., No. 7, June, 1836Various
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The southern literary messenger, Vol. II., No. 7, June, 1836
Various
American literature -- 19th century -- Periodicals
recommendation or advice—or a forcible expression of a wish, and not
an absolute right to command. If, however, we turn to the dictionary,
Johnson tells us that to enjoin is “to direct—to order—to prescribe;
it is more authoritative than direct, and _less imperious than
command_.” Not one of his illustrations or examples employ it in the
strong sense of power now contended for.
“To satisfy the good old man,
I would bend under any heavy weight
That he'll _enjoin_ me to.”
Here the submission or obedience is altogether voluntary; with no
right or power in the “good old man” to require or compel it. Again,
“Monks and philosophers, and such as do continually _enjoin_
themselves.”
The extracts from the speeches in the New York Convention, even if
accurately reported, and strictly construed, do not seem to me to
maintain the present Virginia doctrine of instructions. Allow me to
repeat it, for it is _that_, and not something which may approach it,
which is our subject of difference and argument. It is—whether a
Senator of the United States is under any moral or constitutional
obligation—whether he is bound as a faithful and true officer, or as a
good citizen of the _Republic of the United States_, to obey the
instructions of the Legislature of _his State_, when they require him
to do an act which in his deliberate judgment and conscientious
conviction, is contrary to his duty to his country, to all the States,
and to _his own State_; to the Constitution, under and by which he
holds his office and his power, and to the oath he has taken to
support that Constitution? This is the question truly stated—can the
power or authority of a changing, irresponsible body, which directs
one thing this year (as we have repeatedly seen) and another the next,
or, if it were not this changeling—force him to violate his oath, or
absolve him from the responsibility, if he do so? If a Senator of
Virginia or Delaware were to receive instructions to give a vote which
he truly believed would be a violation of the rights, and injurious to
the interests, of every other state of the confederacy, as secured to
them by the Constitution, although it might be of some local advantage
to Virginia or Delaware, should that Senator, acting as he does as a
Senator, not for his particular State only, but for the States also
whose rights he violates, obey such instructions? Can there be a doubt
of the reply to this question? Will you say he should obey or
resign—that another may come who will obey? I deny that his duty
imposes any such alternative upon him. On the contrary, it is
particularly his duty _not to resign_ for such a reason or such an
object. It would be to abandon the duty he owes to the Constitution
and the other States, at the very moment when they need his services
in their defence; and not only to abandon them, but to surrender his
post and his power to one who, in his estimation, is so far their
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