The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-04-19

! this right s-If the representative be worthy
OF trust ii he have clear head, stout
heart and principles that are pure, the PEG
pie ought not to exercise this right, but on
few occasions. and OH all, with caution.
Ihey will themselves see truth-be
cause they are not at all times a6ie to make
up correct opinion on the rommon veal
they nave not all the lights for this end
before them-they are not in possession of
all those rays. which are concentrated from
the most distant parts of the Union--nor
those which how from the recesses of the
executive cabinet upon the state of our TO-
reign concerns.
OR do you fear, that the representative
will look to every little junto of his constitu-
ents. and list to their voice as the oracle of
the whole 1.-The voice of the people, to be
binding, ought indeed to be that of the peo-
pie, fairly and unequivocally expressed. It
must not be that of one or two-but of the
malority OF the whole. fairly taken. Some
difficulty. indeed, will generally exist as to
this mere matter Of fdct--ani the repre-
sentative ought ALWAYS to pause, and indeed
will always do so, before he implicitly &C
qu'esces in any instructions which he may
receive. He will .look we'll before he
leaps.
But these fears are visionary, and the
doctrine is placed beyond doubt. in a case
where the sense of the majority is fairly &
freely expressed, upon point on which the
Constituent has the same lights before him,
as would illuminate the path of his re-
preventative. Such is the case of the Sem
ator of the U. s. instructed by his own
Legislature on Constitutional point.
When both branches of the legislature,
vote Tor Certain instructions; there can be
no doubt as to the wishes of the constituent
tits rule that no instructions can pass,
but by vote of the majority of the Legisla-
ture--the Jact therefore speaks for itself.
With respect to the Cd point, it is as COM
petent for the Legislature of Virginia to
torn an opinion, as for their representative.
IL does not rest upon the basis of facts,
drawn from all quarters of the Union, nor
from he other side of the Atlantic. But
1t rests upon the exposition of piece of
parchment or paper. which is in Richmond
as we'll as in the city of Washington. Ii is
the Constitution of the U. S. which must be
scanned and expounded according to the
best abilities of the interpreter.
hgain-the very seohe and origin of our
government give this doctrine additional
strength 1t Is not only rehubhc, but a
confederated one-in other words, not a con
soidated representative system, but a fede-
raj representative system. This doctrine
springs almost as strongly from the confe.
derated feature, as from the representative
one.
Such, as helped to lay the foundations of
the Constitution, cannot have forgotten how
extremely Jealous the small states were of
their own sovereignty, and what special
guards thew wished to introduce for its pro-
lection The Address of Luther Martin to
the Assembly of Maryland, giving an ac-
count OF his conduct in the General Con-
vention, proves this most dis; lnctly-for
the small states even required an equality
81 suffrage in both branches of Congress;
as 1t was in the Old Congress under the
They insisted upon it that
their own state-rights would never be safe a
Sainst the Entertainments of the larger states,
unless they had some such securit,-and a
compromise was at last Effected hey lost
the egnahfyin the H of r. but they gained
~ IN the Senate. Thar body is therefore
their shleld-their chartered asylum against
usurpauon-and its members are the depo-
sitarles OF this chartered power
BUTT be true as has been lately asser-
TED, that It's members cease to be Senators
OF one state and become immediately after
enelr appointment the Senators of the U.
D. this provision was in vain--we are no
longer confederated but a consolidated
people-the great line is lost-for although
the senators may be chosen by the States.
etthey are, according to this doctrine to
serUe one great master-viz. "the whole
realm. - his indeed seems to carry the j.
dea further tnan Mr. Justice Blackstone
hlmseIf-'or even he admits that in the case
OF deputy of the United Provinces, he is
bound ito take the advice of his constitu
ents on any particular point"
But the large States have also stake in
TINS Joint-tund OF sovereignty--for encroach
ments are not so apt to occur, by one state
upon another or by the Representatives of
one upon the other, as by the federal go.
vernment upon he States.--When these oc.
cur, 1T is essential that those who are in
Jured should have the means of repressing
them.-Ihe Constitution says that "the
powers not delegated to The u ). &c &c.
are reserved to the Sfates respectively, or to
the Peohke"
When. therefore, the constitution is in
frlnged when the rights of the People or
the States are trampled on they should
nave Organs TO express their dissent and
remonstraDce' The people have one in
their RePresentatives---but even in this
case, the States themselves not only have
the right to interfere. because they are Joint
co-partners in the Concern, but their inter
position is likely to have much weight
in aid OF he rights Of the people Yet not
only is this true but where he SOVEREIGN.
ty OF the States themselves is invaded. what
Organ have they, but their own senator's & if
the Senators can fly in the teeth of their wish
es iffhe'r oUn organs can turn against
them q ;rample under foot the most delibe
rate instructions of their constituents. it ;s