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
enemy as to take the post for the very purpose of violating them. It
would be to desert “the general welfare” which he has sworn to defend
and promote, in order to give his place and power to one who will
sacrifice the general welfare to some local and particular interest or
object. To desert it in such circumstances, may produce the same evils
and consequences, as if he were to remain and obey his instructions.
His vote or his absence may turn the question.
As the incidental arguments, not upon the direct question, attributed
to Messrs. Jay and Hamilton, are now relied upon to support this
doctrine of instructions, I will cheerfully refer to these great men,
adding to them the name of Mr. Madison, and endeavor to show, from
better evidence than reported debates, what were really their opinions
upon this asserted power of the State Legislatures, and in what manner
they thought Senators were amenable to their Legislatures for their
acts and votes in the National Congress. I shall do this, not on the
authority of reported speeches, but by adverting to what they have
written and published, as the true spirit and doctrines of the
Constitution. To be brief, I will give you the summing up of the
argument in the “_Federalist_,” in favor of the powers of the Senate
under the Constitution. I refer to the numbers 62 and 63, written by
Mr. Madison; but, {408} as it is understood, giving the opinions and
views of the illustrious triumvirate. Their whole argument and
exposition of the powers, duties, and responsibilities of the
Senators, are utterly inconsistent with the control upon them now set
up on the part of the State Legislatures. It is not merely that this
right of instruction is no where mentioned or alluded to, as one of
the means by which the Senators are to be kept to their duty, but such
a right cannot be reconciled with the benefits intended by the
Constitution to be derived from the permanency of that body—from its
independence and its elevation above, or protection from, the caprices
and fluctuations of popular feeling, often improperly called popular
opinion. Allow me particularly to turn your attention to a few
passages from Mr. Madison's examination of the “Constitution of the
Senate.” His second reason for having a Senate, or second branch of
the Legislative Assembly, is thus stated: “The necessity of a Senate
is not less indicated by the propensity of all single and numerous
assemblies to yield to the impulse of sudden and violent passions, and
to be seduced by factious leaders into intemperate and pernicious
resolutions.” If this is true of the House of Representatives of the
United States; if their intemperate and pernicious resolutions are to
be guarded against and controlled by the more sedate and permanent
power of the Senate, how much stronger is the reason when applied to
the Legislatures of the States? Having their narrow views of national
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