Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-09-02
For THE NArrosAL INrELLrcExcEn
RIGHT OF INSTRUCTION.

IL ~.
For every violation of a yipht there is a
renledy-this is maxim of law, as well az
a precept of reason. If "a senator of the u.
States, or representative of the people.
disobey the expressed will of the people, or
! OF state legislature, there is noconstitution-
al remedy, and, of course, there can be no
constitutional right Of instruction. If the
constitution had intended a right of instruc-
ton, then wouldit have designated the mode
OF enforcing that right; but not having de-
signated such mode, it could not have intend
ed to convey such right. A right with
out a remedy is equal to no right at all at
least it is right that may or may net be res
pected.
The question Of the right of instruction,
then, resolves itself into question of simple
nioraL obligation, supposed to subsist between
the persons represented and the representa-
tive, And here, it is evident, where the re-
personalities of one opinion, and the per-
sons represented are of another opinion, and
both opinions are conscientiously entertained.
that no moral obligation can be strong e.
nough to Compel the representative to faisify
ms own, opinion by voting contrary to his own
sentiments. IheEepresentatixe is, indeed,
an organ of the people ;sbat lie is an organ
TO his ozvn understanding, andnot agreeable to
Their nlomentary wishes Why do the people
seek for the most enlightened men todirect
their affairsf Simply, because such men ar the
most enlightened, and because they are SUP
posed to understand better than the body of
the people themselves, what is proper to be
done. TO say that the people do not always
choose the best informed individuals to re-
present them, is only to say that they are
sometimes misled or mistaken. If the re-
preventative were not an agent with free
Will, then an ignorant man would answer as
well for representative as wise one /: and
learning, study, and reflection, would lose
half their value, and would be no passnor,
to Office. One individual who authorizes an
other to act for him, prescribes by letter of
attorney, the rule and the extent of his ac-
ton; SO, the senator or the representative
becomes an agent, in virtue of the constitu-
ton OF the United States, which prescribes
the rule and the extent ofhis power; the con-
stitution is, like all other instruments, to be
construed according to its plain meaning
II the representative CONSTITUTES it differently
from the construction of those whom he re-
presents, he does but exercise his understan-
ding IN case where he is obliged TO ex-
ercise 1t; and is condemnable, not for a de-
Walton from duty, but merely for error OF
judgment; and not even for error, if his ar
guments are better founded in reason than
the arguments OF those who differ from him.
10 SesKesd that the representative ought to
be Pund by tbe instructions of his constitu-
enW isyiFualI9 toadmit thathe is not bound .
oee8lsT i'm thug actually exists, it is arrant
norRn& " declare that it ought to exist
But aIposing pat the right did constitution.
ally -ezN, wh2swould be the consequence
The statesseg islatures, and certain portions
OF the people, with imperfect KNOWLEDGE
and sometimes influenced by passion, would
IN effect, through the medium ofinstructions
administer the general government instead
OF its being administered by the aut horitics
designated by the constitution ofthe u STATE,
and instead of political knowledge being
refined up by elections, to a rectihed spirit
OF intelligence, it would, by the interference
OF the various and anomalous bodies of peo-
pie which would exercise such right of instruc-
ton, be confused and dissipated. Besides,
the object of government is not solely TO car
rry into effect eac desires of the people for
It is sometimes essential TO e.ksfare Of the
natioe that the desires of thssfeople should be
resisty as we would ,rgSst the desire Of a
friendtwho, in mossett of intoxicaticn on
anger, should attgf9Pt sotAethine that wonjd
~ w liz 49, 1iin WICNNlltO. ~ IeDTG-
sentative VINO opposes the sefiss of his CON
stituents risks their displeasure but that Is
the price he pays for the exercise of indie
pendence Of mind fine has not the courage
20 encounter that Iisk, he will be mere ma
chine for the faction or party that predomi-
mates in his district
The constitution Of the United States seems
TO have provided not only for the stability Of
the government, but for The prevention of d,
abuse Of power by the legislature. The
mcghers.efsthe house Of representatives are
1hde changeable by elections every two
ars and the senators in congress every six
OBSERVATION-DISCLOSURES, therefore, may
ccEreceebuse partially, at least every two
yeatA and thoroughly every six. This is the
RED hrand constitutional check On the a.
bu* eyer which the people have appro-
prsz5ed't9 themselves. But if the people
could regulate the proceedings Of congress
byinstructions from themselves or from their
state delegates, there would be no occasion
tor a, biennial Of scxennial change Of repre-.