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
questions, and their local designs and interests as the first objects
of their attention, it seems to me to be a strange absurdity to put
the Senate as a guard and control over the House of Representatives,
and then to have that Senate under the direction and control of the
Legislatures of the States—or it may be, on a vital question, under
the direction of the Legislature of the smallest State in the Union.
Are there no local impulses and passions to agitate these
Legislatures? no factious leaders to seduce them into intemperate and
pernicious resolutions—and to induce them to prefer some little, local
advantage, to “the general welfare.” To give to the Senate the power,
the will, and the courage to oppose and control these sudden and
violent passions in the more popular branch of our national
legislature, Mr. Madison says, “It ought moreover to possess _great
firmness_, and consequently ought to hold _its authority_ by a tenure
of considerable duration.” But what can that firmness avail, how will
it be shaken, of what possible use will it be, if the Senator is bound
to follow the dictates of a changing body, subject, emphatically to
sudden impulses and seductions, at a distance from the scene of his
deliberations, and deprived of the sources of information which he
possesses, and acting in a _different sphere of duty_ from that he
moves in? Firmness in an agent who has no will of his own, no right to
act but on the dictation of another, would not only be superfluous,
but a positive evil and disqualification. It would produce struggles
and perhaps refusal, where his duty was to submit. The more pliable
the instrument in such a case, the better would it answer the purposes
it was designed for. To be firm, says Mr. Madison, the Senator must
_hold his authority_ by a tenure of considerable duration. But how can
this be, if he is to hold it from year to year as the Legislature of
his State may change its opinion on the same subject, and require him
to follow these changes or to resign his place? The tenure of the
Constitution, as Mr. Madison understood it, is essentially changed by
this doctrine. These changes of opinions and measures are, in the
opinion of Mr. Madison, a great and dangerous evil in any government,
and show “the necessity of some stable institution”—such as our Senate
was intended to be—but such as it cannot be on this doctrine of
instructions.
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