The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-17
OBLIGATION OF INSTRUCTIONS.
FOR THE ENQUIRER.
DEAR SIR,

CcrFauOuS, Oh tue degree OF OOuEatiOn imposed
npon Representative by the Instructions of his
Constituents, forgot TO advert TO the peculi-
ar case OF the Senate of The u. S., which might
be supposed TO come within the doctrpe up
OH which my observations were founded. The
90 sutuent body are assembled, they delibe-
"a, amaJurity decides to instruct their repre-
Sc 1t tves, and hence the Inference, that the in.
situations would be positively obligatory
Sue an Inference would be specious, but not
true.
The general Convention found, that tho sp-
, prehensions OF the small States, for the security
oftheir md ep .ndence and sovereignty, must bu
some way allayed, or all hopes of adopting the
constitution be abandoned. The pride as well
as Tears OF the small states were especially
Earned, at the overPo wering numbers assigned
20 tn large states, III the structure of thu II. of
Nepre sentatives.-One of the devices pursued
Tor t,is purpose, WAS TO give to each state, an
equal representation In the Senate, with the
Intention, that the Senators should be the guar
dians and defenders of the abstract sovereignty,
or political beng, of their respective States
And as the .ta,e Legislatures were the pr,nci-
pal dePos!taiies Of ihis abstract quality, they
zStle thought to be the .iiyess. organs for APP
patlt.ng their fedora! protectors--i. the DOW
er i he Senate solely consisted in lhs Sro-
tecig capacity, the business " Instructions
might he safely ett, to the manage OF them
Sel'es and heir constituents. The capacity
nigh lie dormant, however, unless called INTO
acton by the e1tPSlGely improbable contingent
~, . Huspc3iton in the larger states to usus-
patton md Cypress on over the smaller--But the
Stuiy eiectvs, practical pc yer OF the Senate, is
the power OF Leg Isl ton over the liberties, pro-
perties and persons of the people of the u. s.
a power constantly and annually operating, du-
ring every session OF Congress, and felt in eve
ny moment, IN the form of laws already enact
ed. Had the Sedition act, the Alien act the
eight per Centum Loan, and other oppressive or
smpfoydent acts OF The general government,
been passed. by the casting vote OF SINGLE SEN
ator from Rhode Island or Delaware, would
ihey have been less binding SIX millions OF
people IN the s., than If they had been back
ed by the united sufirsges of N York, Pennsyl-
vania and Virginia 1t is this power of Legs-
&stion, which is the foundation OF tue highest OBJ
LEGATIONS and duties, imposed on the Senators OF
&he u S.-Compared with the relations thus
created, between the Senator'S and the people,
an respect some OF their dearest rights and in
4erests, the relation in which they stand 10 thei.
Immediate appointers, is as dust IN the balance.
s--lf these on any question SHOULD be IN oppo-
sition, IS they certainly may, IS the Senator 10
obey his substantial duty to the people, or his
supposed duty to the peoples Representatives ;
is he, in the more fashionable language of cleo
pioneering and instructng, to conform to the will
OF the agent, attorney or servant, or con-
salt the interest OF the principal employer or
Snas-cr?
When J had written thus far, as e.sure, i'll
fEaith and an habitua repugnance 10 writing
would allow me, two numbers have appeared IN
the E"quIref, supporting the more popuisr doc
true OF obligatory instruction, and composed
with temper aud ingenuity that. invite dis
acussiOn.-The author seems be Possessed of
An irr abie republican ea'Uusy, without the a
cr'mony, blind zeal and pigotfy, that render so
much OF our political writing offensive and TN.
prohtaoie--L TOO, am arepublcan, aud feel per
dectly conscious that Ishali SO contlnue unto the
end but time and experience have taught me
the great difference, between theory anu praC
ttcy the moral. well DlyS.Cai
The mind can clearly discern prnci Piles, and
Srim them up into beautiful systems, which eve
~ man Will ackno wiedge to be true, and every
man WISH 10 see accomplished in prsctlce.-But
the instant We commence their actual execution,
w feel Ave want of power and the detective
ness OF our materials Folly, ignorance, and
vice ia the one case, friction, weight and iragit.
ity IN the other, soon dash hopes and set
bounds 10 cur success to act upon q comprehen-
siye view OF Just speculative principles, IN way
the most conducive to successful practice and
common utility, is the proper character of gvls-
dom The celebrated boast OF Archmedes,
that with proper station, he could raise the
earth, mad more OF glare Than truth in it had a
station sufficiently firm been found for i'm, he
could have proceeded but q little WAY III his
Preparations, before his machinery would have
been crushed by ITS own weight aud iragilrty, x
the protector have stood appalled, amid It's ruins
s---Au analogous fate would attend the effort
20 reduce TO practice, the republic OF Plato,
tH. I1utOPId va Vi tue EOHtlCat Gi
GCdwin
All men are born free and equal, and have
certain natural, unalienabie rights, and when
formed INTO apohlic community, the people be-
come the natural SoUeyeign, the source Of all L.
Giumate power, and If for their own advantage,
lhey delegate their power To certain deputies,
called The government, the later are bound to
Obey the will OF heir PRINCIPAL whenever ti.ey
Can come To the knowledge OF IL, more especl
ally through the incoIum 1t positive instructions.
Now this IS all very uue IN speculation :
but wben we come 20 act these uIaXims our
hopes ana Qualifications must suffer great AUNtr.-
ment.-Tbs equality OF 6rth, these unaiicnable
FIshts, u'ls So ereignty of p.Opie nav ncye,
6teR Perjecty enjoyed in any 5Oyernms mt which
Shis. records, OF observation exhIb,ls.-In far
The &c ater part, they nave been violated and
tram leu upon In man the OaIe ASSERTION OF
tbesc ngh,s Is highly criminal the sovereignty
OF pie people tnceed, undsr TIC s0i ter phrase OF
" Sans pJpuII suprema iex," viii De admitted
by very l}fant, p'0gfded ,is management of
EhG sa~ ~ let entirely to- his own paternai
dlsClc t,On Ind pisNsu even III the best constr
4u's8 s1pubiIcs, tns aOatc IN practice is not
incosiside rable ~ will take illustrations from
our own, beng siie best and this say, not
from Yang lorlOus claim of our pre-eminent
wisdom, but because from tie accidental struc.
ture OF society among US, and frora the mature
gid OF political experience III which we were
eTnancipateG from British rue, we could
not well haye done OF herwise than we did
Inc sovereign people give various Dowers N