The Southern Literary Messenger, Vol. II., No. 9, August, 1836Various
History
The Southern Literary Messenger, Vol. II., No. 9, August, 1836
Various
American literature -- 19th century -- Periodicals
A man may pertinaciously assert an error in the face of truth and his
own better judgment; but the moment he attempts to defend it, be
assured that he will seldom fail to destroy the delusion by the very
arguments he brings to support it. Like a brilliant bubble, the moment
you would test it by the touch, it is gone. This truth is forcibly
illustrated in the letter addressed by Mr. Tyler to the Legislature of
Virginia, resigning his seat as a Senator of the United States. Let
any one examine his reasons for refusing to obey the instructions of
his legislature,—for refusing to do what they require of him, for he
does refuse, and his reasons for it are absolutely unanswerable,—and
then say whether the same reasons do not as decidedly prove that the
legislature had no lawful right to give the instructions as that Mr.
Tyler had the right to disobey them. There could not be a
constitutional right to give an order, the obedience to which would be
“to violate the Constitution.” This is a plain absurdity, and it is
equally clear that if there was no right to give the order there could
be no duty to obey it. Assuredly the pointed and pregnant question put
by Mr. Tyler applies to the whole subject of instructions. He
asks—“whether the representatives of a sovereign State are such mere
automata, as to move only when they are bidden, and to sit in their
places like statues to record such edicts as may come to them?” Mr.
Tyler implies in his answer, that Senators are not such passive
machines, and yet he consents to become one, in a modified way. On
this particular {533} case he says to the Legislature, “To obey your
instructions would be to _violate the Constitution of the United
States_.” One would suppose that this was a full and definite answer
to the demand, and to the right to make it. Of course Mr. Tyler will
not do the deed; he will not with his own hand strike the blow which
is to wound the sacred body which his country had put under his
protection. But does this fulfil his duty? does it discharge the
obligations of his oath of office? That oath is not answered by merely
abstaining from the wrong himself; it does not stop with this negative
duty; he has sworn _to support and defend it_ against violation and
wrong _from any quarter_. Did he not desert this high and solemn duty
when he abandoned his post _in order_ that another might take it with
the _avowed design of violating the Constitution_; for that such is
the act to be done is the conscientious belief of Mr. Tyler himself.
To resign, to surrender his power _for such a purpose_, is hardly an
evasion of the high principles which Mr. Tyler assumes as his rule of
duty; it is, in effect, to sacrifice them. Where is the difference
between the sentinel who turns his own arms upon the citadel he was
bound to defend, and one who gives up his trust to the enemy, that he
may do the work of ruin which the conscience of the latter forbids. In
Public-domain text, read in full here on John Shaqi.
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