The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-04

OF the general government; and, sir, had it
not been for the Opinions entertain OH this
question, l should not have given the other
tue critical examination have attempted !;
but sir such is my opinion of the injurious
effects of the practice of giving Instructions
by the legislatures OF the states 10 the Sen
atnrs nf the u. =. that / deem it nv iAds-
pensabie duty to give the subject full and
candid investigation although in doing so.
know shall have to encounter strong and
honorable, AMI perhaps insuperable prepos
sessions against my opinions; particularly
IN the state have the honor to represent.
II wish it to be understood, however, sir.
. that in the discharge of my duties ON this
floor, shall always obey the honest die
tates of my own judgment; and whenever
/ see, or think see; danger OF any kind
tire atening the due administration of this
government, l will at all times endeavor To
expose it 10 the view of the people, and
particularly IF those from whom the unin-
territorial danger is unprecedented; regardless
Of any consequences to myself upon the pc
liticai theatre. The best mode of appreci--
ating the tendency Of mandatory instructi-
ons upon the proceedings of the federal go.
vernnent. will be to bring to our recollecti-
on the great poins of difference between
the present government and the former con-
federation.
states poted in their CORPORATE characters !;
and if the Representatives of any one of
them were equally divided in opinion, the
state gave no vote. Under the present go
vernment each REPRESENTATIVE notes in MS
individual character, and upon his individual
responsibility The words of the cons ituti
OH are, "dnd each Senator shall haze one
uote." Under the former confederation,
the re3msifions of Congress operated upon
the states in their CORPORATE chGracters.-
Under the present government. the LAWS
of Congress operate upon me feof!e Of
the United STATES TN their individuol cha
racfer
The former Congress did not POSSESS she
saeans necessary and proper for executing
its own will upon the subjects confded to
its deliberations. The present Congress
Possesses horDer TO carry INFO effect its own
will or its laws, upon all subjects confidea
to IFS management. These are amougs, the
great points of difference in the character
and powers of the two governments. The
former government fell TO pieces from the
feebleness Of its organization and principal
ly from the want of hoqver to erecuteits osu,
will, from its dependence upon tho stare
legislatures for the execution of its requi-
ejtions.
Now. sir, if the state legislatures possess
the right to give mandatory instructions to
their Senators respectively, l see very lit
tle difference in the character of the pre-
sent and former confederation; for there
cen be very little difference in the practical
effect of the principle of acquisitions by Con
gress Upon The state legislatures, which may
be rejected at their discretion. and the
principle of the state legislatures making
rcquisitinns by mandatory instructions upon
One Essential branch of Congress; which
na hy I'll h,9n in g. vel t.cyf
of all discretion whatever. The feebieness
and incongruity of the latter principle is, in
NV opinion, at least equal to the first, and
If admitted and indulged in, will as certainly
terminate in the ruin and dissolution OF the
government. Another injurious tendency
ii mandatory instructions, 10. to add to the
locality of feelings and opinions IN the deiib
erations of this honorable body already too
strong by native and habitual prepossessions
and predictions Another injurious ten
dcncy Of mandatory instructions results
from their influence in restraining the free
exercise of opinion in the deliberations Of
this honorable body: and if generally prac
ticed upon, would render all deliberations
unnecessary. The incongrdty of mandato-
ry instructions to the operations OF this go
verDment will appear more obvious. by re-
necting that if the same measure were to
be concurred i'm and required by every
state legislature in the Union and their
Senators fireremhtorily instr ucted to effect
it, without exercising any discretion OF their
own, il is probable that such would be the
difference in the mode or detail of the in
structions from the respective state legis-
latu,es, as to put il oat Of the power OF the
Senate to effect their object, the Senators
from each state being bound TO pursue the
mode pointed out to them by the Legislature
of the state they respectively Representa-
Indeed such is my opinion of the tendency
of the priucipie of mandatory instructions,
that should regret very much to see it
established and frequently resorted to. The
practice. in my opinion would evenluate
in producing feeblensss and inefhciency
in the general government; collision a
Inong the several states (; and finally dis
union and dissolution of the general govern
ment,
Sir now am. and always have been,
attached to an efficient governmental 60
vernment strong enough to repel external
violence and to ensure domestic tranquility,
and to secure the person and property OF
the individual cltizebS. The federal go
vernment conceive to be an Indispensable
Instrument in the effectaation of these great
objects have often wondered a, Seeing
gentlemen OF learning, of talents, ara Of pa,
triotsm, rejoicing at the cIrtai.ment OF its
necessary powers They seem to me to
enjoy the triumph oFevery event OF this
Fluid, as much as it they had pluoked lau-
rel from the brow OF their most inveterate