The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-04-02
asserted, may fse 70 Loco. 900 900. In order q

|
obtain THAT sum, we stand not in need of loans,
sales, or new taxes;; the sole increase or decrease
OF the tariff of taxes will suffice to attain that
grand object. After having heard our Council
ut State, we have decreed, &c. &C.
81 he decreeIhat follows, declares the pur-
chase OF Tobacco, TO be vested exclusively
in the committee of consolidated duties, in
all the departments, EXCEPT those beyond
the Alps, and the seven on the other side
OF the Scheitlt The committee are to ma
! nufacture no Tobacco but of French :,rowth,
with the exception of a mixture of one-ff-
teepth part foreign. The growth, valuation
price, and delivery OF Tobacco, are suoiec
ted TO regulations (: no individual is to have
in his possession tobacco not manufactured at
the imperial mandatory, nor is any ma
nufactured tobacco to be imported into
France, not even that Of Holland. A fine of
| 1000 francs con6scation. and punish ment.
agreeabiy to the law of the year ii, are the
consequences of fraud and smuggling"
OBLIGATION OF, INsTRUCrIoNsi
az The following Extract oil a letter, on
this interesting subject. is handed to us.
We recognize in it,. the pen of talent-the
writer IS one OF those; Sho have been most
warmly opposed to federal doctrines and
federal measures. But with the leading
ideas, in the following piece, We do not ac-
cord. In our mex , we stall attempt to as.
sign our own opinions on this subject--tnore
particularly, on that branch of it, which
mas led TO the present discussion. Our own
opinion is, that the voice of a legislature of a
state, on great constitutional question, is
imperative and obligatory on those Senators.
whom they have deputed to the Senate of
| the u. States
Onthe other great question, which the
writer proposes To touch viz. incidental &
constructive powers, we shall expect his
communication with anxiety. On ,h,s point
we are apt 20 think, that the writer will
paint. the dictates of Truth in the fairest &c
clearest colours
! EXTRACT OF LETTER.
! You must have observed, that the late
question OF the charter of the Bank of the
United States, has awakened the discussion
of two subjects, which are of the highest
importance to republics, like the Uni
ted States land as they must necessa-
rily recur very frequently in the progress
OF government, it is extremely desirable, that
they should be settled upon some sure and
| indisputablc foundation---the subjects al
Ilsde TO, are the degree of obligation a re-
preventative is under, to obey the instruc
tons of majority of his constituents. and
the true doctrine of incidental and construc-
Tive powers resulting to Congress, from the
general grants of power in the constitution.
Under a sense of duty, prompting me to
lcoHtrihute something towards settling a ues-
itions of such moment, rather than with a
distant hope of Achieving the objects, I
shall present you with few remarks upon
each. and first upon the obligatory force of
instructions to representatives.
| The constitution of representative le-
gisfature is essentially derived from the
lpower of the whole community or common
wealth. and not from the power of its parts.
4 This proposition will be the more apparent
If we direct our view to Community, not
more extensive and populous. than one #
our electoral counties. where the whole
ipeople might assemble at one place, and
freely delegate their power, to the repre-
lsensatiyes OF their choice.--In such d SO
,ciety, there can be no doubt, that the ex-
lPression of the will of a majority of the
whole community u1aon their ozpn hecuEo,.
lcoacerns, ought to be received as positive
commands BY their n representatives. In that
case the sovereign fio4ver would speak.
But as people, whose extent and populati-
|oR comes within this description very r., RELY
Indeed occurs. a necessity has arisen to di
vide larger communities. into convenient. G.
!ectora, districts, in each of which the peo-
lpie may safely and conveniently assemble
$50 give their votes; and as 1t is extremely
important, that the people should bestow
then votes as unnderstandingly as possible,
4 regulation Is generally added that the per-
son chosen, by the voters of each district.
shall himself reside within its limits.
This distribution of the people fer the
purpose of local elections, is forced and
merely Instrumental device, for rendering
ELECTIONS practicable, in a community too
large, to admit the assemblage of the whole
at one place, and SO far from comforting any
peculiar political power on the local cleo
tors, 1T is a plain deviation from the true
mode, in which the power of the people
ought to be delegated.
The instant the elections are completed,
the local electors are politically defunct.
and are merged in the general relations
which the whole constituted body, bears TO
the whole body of Constituents. Each of
the representatives elected, is equally the
Representative of all the people, and in any
act OF legislation, the casting vote of any
one, is equally binding on every part of
the community. In such state, il seems
impossible 10 deddce from reason or utility.
any authority of the district electors TO con-
troll the representative they may have cho-
| sen. while he is acting in The legislature for
the veal of the whole oommunity
| That the elected should represent the sen
timents and feelings OF their constituents.
in limi'ed sense, is true. It is true. as il
respects attachment to their Common Conn
try. 20 the principles of liberty and to the
fundamental rights OF the citizens but id
the exercise of their proper legislative fuDc-
Latte r Il,