The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-03-19

and honorable servant or agent of the peo-
pie, and the creature OF their will, bound to
carry that will into effect, when it is fairly
and distinctly expressed. q,
The right to instruct is the natural re-
suit OF the sovereign authority of the people.
In tree community the sovereign power
is naturally and essentially in the people :;
to suppose will paramount to theirs is
to suppose that there Is sovereign over a
sovereign, and this must be admitted if the
right OF. instruction be denied Are YOU
prepared TO admit, that the sovereignty
IS not in the people. or thai there is ano,
ther sovereignty superior to theirs, FOR
to use an irricism,) superior to supe-
rior 49,.
g In my view the people are the land
lords, the representatives only the tenants
ct power. liable to be dispossessed whenever
the lords OF the manor please. The same
sovereign will, which created the govern
Hent that same people of the u. States
who ordained and established the constitu.
ton for their form of government, can IN.
initiate it or modify it at pleasure. What
was the sentiment of that illustrious band
OF patriots and sages, who pledged their
lives their fortunes and heir sacred hunors
to maintain the independence and fr edom
OF their country! Look at the political cat
echism which hey promulgated, and read
this article of republican faith, this prima-
ry axiom IN the rights of man-"We hold
these trutbst" be self-evident: that all men
are Created equal; that they are endowed
oy their c'ea''r with certain nalienable
rights THAI among these are life, liberty
and the pursuit of happiness; that to Sc
cure these rights, governments are insttu-
ted among, men. deriving their just powers
from iht Consent. OF the governed; thar
whenever any form of government becomes
q. structive NJ these ends, il is the right of
the people TO alter or abolish IL. and to in
stltute a new governnen laying it's foun-
daton OIL such primo, PIES. and organizing
its powers IN such toi m, as to them shall
SEEM most likely to eff.e, their safety and
happiness" 1T then. the people have the
right to abolish this government, and to in :
stitute new one (; and If hey are the sole
JUDGE in lie case: it they have the RICH
not only to remove their representatives. blu
TO annihilate their functions for lori they
have the RICH. 10 instruc, them The ma
ijor includes the minor, and the ,igh, in.
struct is the natural and inevitable result of
her sovereign authority.
10 say that the constitution does not
communicate the right To- ms ruct. is to say
tRat the cons tuition is paramount to the peo-
Pile, and that they derive their rights from
it. instead of 1t deriving its powers from
them he rights Of the people are ante
cedentt tn the constitution. and in this instru-
ment must be looked tor, not the rights of
the people, but the delegated authorities of
the government Strange, indeed, tn rhe
agent is to look into his power of attorney
for the rights of his employer and not for
the power which he conIers! Have he
Ipeopie surrendered the right o instruct their
representatives? If not, then they retain
it. and cannot be Invested of il, but with
their own consent.
The right of instruction ACQUIRES aid,
tlonal strength when the cons tuition is in
danger of intraction for he states are
parties to the compact. and each party is
entitled to It's Interpretation to prevent SCI
rious collisions, therefore, and to obviate a
resort to unhappy alternatives, the RICH, of
instruction ought to be allowed by reason as
well as by policy" Whoever, said Judge
lWtson, would be Obliged 20 obey an uncon-
stitutional law is justified in refusing o obey
an unconstitutional act of the legislature,
and that when question of this delicate
nature ccurS, every one who is called to
act HIS right to Judge" The legislatures
OF me several states swear to support the
constitution they are, therefore, bound by
an imperious obligation to Interpose in some
way or oth.r, when this institution is in
Danger OF violation but what mode can be
supposed more rational than by instruction
TO their representatives AS parties to the
compact--called upon to act-and entitled
TO Judge--sureiy the proceedings byinstruc-
non is as teicate as unexceptionable. To
DENY TINS right is tantamount 20 saying, that
the states shall not be heard /; and 10 refuse
TO near one of the contracting parties at is
sue, upon the fundamental law of the natl
on involving the dearest interests of he peo-
PIE, IS max ng such mockery Of Justice as
would be scorned by the most inferior court
in the u. S.
" Perhaps it would not be going too far to
say that the Senators, as the representatives
OF states, are nothing more thai their min
Isters- Indeed, from the equality of repre-
sentation in the Senate, this opinion may be
enter aimed without the imputstion of
visionary theory ;--and, if Senators
M lie considered as ambassadors. O.
bliged TO watch over the interests & rights
OF the states, the inter, nee IS irresistible.
that he' Can 5e Instructed, and that such
instruction ought TO be obligatory. Sena-
tors, being chosen Immediately by the state
legislatures, 'hese, aud these alone, possess
the right OF lnstructing them.
Members OF the other house are elected
directly by the people; the people, there
fore, may instruct them. The relations be-
tween constituent and agent. never vary.-|
ihe attrr is obliged to conform to the pro-
per directions of the former. Even the
Wings of England profess ana practice ,bis
doctrine. The history OF that country proves
ina, tue commoners have usually been di
=