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

| mere force of implication If i, should be
, Commended that the Senators of the United
states are the representatives ofthe lepisla-
lures OF the respective states, and not the
representatives OF the people of the United
States IN their individual characters. cct,-
) trary to the express provisions af the consti.
t"ion, then this absurd conc usion would
'ohow; that the people of The u. States are
governed by laws, not passed by their Re-.
representatives., but by the REPRESENTATIVES
OF their state legislatures in their corporate
cnarac .ers. contrary to the fundamental
principles OF all republican governments,
u''eey opposite to The universal eXpcCta-
! lions OF the whole American people
hut, sir, let us resort To- the constitution
itseif, and see the actual relations which do
'here exist between the legislatures OF the
respective states. and the Senators of the
respective states composing the Senate of
lthe u. States.
In the Sd section of the LIST ar,icle of the
constitution are these words 'frhe Sefatr.
OF the United States shall be composed Of
,"o oehat rs from each state, chosen by the
legislature there of tor SIX wears. and esch
senator shall have one vme" H. another
place, are these words: 'And if vacancies
happen 10y resignation or otherwise, during
tue recess "t the legislature o; ANY state.
1he executive thereof may m Ike t. rnporary
appoil. ments until the mex meeting of the
leg stature which shall then fill such vacan-.
C'eS. hese clauses of the consti ution
present all he relations between the ls,pis-i
iatures and executives of the respective
states and In W at do they consist ? CIR.
FANNY III Dothing but in choosing h Senator'S
when thisis done, all the functions of the
legislature and executive are at an end quo
io cnAt particular subject. l see nj, inhu
ence gwen either over the votes or the acts
OF the Senator during the six years Tor which
he is elected. During that period, the Sc
na'or Is entrusted with the execution of all
the powers and authorities conferred upon
MIN ny The cons tuition, at his own discretion
subject only 10. his cons'itu onal Responsible
NY at the expiration Of his term of service.
But 1t may be said that the righ, to ms rnce
arises from the necessary connection be-
tween the constituent and the Representa-
1--WE. o this IL may be replied that this
upon the general principle is a cons ructive
or an implied right but doubt ITS applica.
ton, at least in its full force, to this parti.
GUAR case The relations in his case be
tween ne constituent and the Representatives
e EXPIRE sSiy prescribed by the constitutions.
neither OF them Can claim any original az, ma,
tive lights and no cons ,ru, tin nor. ;m,1;
cation ought to be inferred asa inst its pro-
VISIONS, nor Inconsistent with its ohv;o,.
ne aning. Besides, If This mere Implication
De me only foundation of the right of tbe
state legislatures to instruct Senators of the
y. otates,i would equally appl, tn the
state executive. when from adventitiona
Causes 'hey exercise the right of appoint.
.he"t d risnt oeiieve not generally admit
ted, even by thesstate legislatures: esnec;ais
ly IN the sense commended for. that th. -
struc'on is mandatory and conclusive: Win
t nFt also apply tothe connection between
tn electors and the President of the H.
eu otaies! find by the I'd article of ~
constitution tn It the President oft IJn;,ad
states is be chosen by electors appointed
ny 'he several states and they of course hr
come me immediate Consti uents OF the Pro
81 ~: But what would be thought of their
lnferriDg right from this connection "a -
sruct the President of the United States in
what manner to execute the powers and du.
ties OF his office And what woul,,5 he ~.
probability OF concurrence in such iustrnc-s
uons rom the different electors of the seye
raj states The Presidents resDonsih;I;,,.
is tested at the expiration of every CO..
years that Of a Sena'ot at The exnira,itn &C
every SIX yeaLs; & believe hat h. cbaro.es
OF the indiv dual electors in he several statee
are not Srca!er at the expiration of every
TOUT years than are the changes in the in
diViauals composing the state lepis,aturs.
at me expiration of every six years.
ne responsibility o. the Preside MT oT tho
Cnlttd STATES, therefore. may be CONSIDERED
as great or greater, to his electors thontha
responsibility of the Senators ofthe IL Sta'as
TO the respec i've state legislatures fro
contend the responsibility Of the Senator 10
not to The state Legislature in it's corpors,s
character, but to the individuals who 60,
happen to Compose the state Legislature -,
the time OF his election. il their individual
Capacities. described ONLY by the corr,,r..1s
term. IL is believed that a preien.;,, g
this kind by he electors of III presid.n.
OF me u. states would rot be ,Ierat,d o.,
ven by the state legislatures. Blu, is ,berS
no'hing expressly cont aimed in the corst;,n..
ton of tue y .. wh ch would afford &C.
ger implication AGAINST the exercise 81 ~
e"t ny the STATE leg sa ures, than the im-
P'1cat'on from which he right is said to he
de'ived ] think the We first wor,s ~e
ne con stllu,inn, after the preamble ag "a
strong idence ~ the exclsi II of tbe ,;,,.
TO the stare legislatures to give mand , 6ms
INSTRUCTIONS 20 The Senators of he ST re-
l hey are the following " Al Iroi.ts,;,.
powers herein granted shall be- yes ed -,
Cq'gress ot he UHied States, which n ii
/ consist OF Senate and House o. Refress,'
tatIves" Now, sir, up n the urinc;rio &C
mandatory Instructions from the STA Q leyi
latures TO the Senator'S Of the u Sntes S;i,
congress exercise all he le gislatiVe nowera
granted y the constitution viii mo, ,ho.
state legislatures essentially participate in
the exercise of the legislative powers re-
tncy can Command AID direct he votes -
| one distinct ana semitic H.. ~