Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-05-30
gq,,E OF THE UNITED s7aTEs.

Mr.. GILES Speech III cohtlhuatioh'l
IT cannot escape attention, that purpose
" void all observations upon the rights OF the
people, IS the legitimate source OF all power
in their highest sovereign capacities, and up
or whom all laws passed by their representa-
tives operate in their individual characters, TO
instruct all their epresentauvcs,Whlc pre-
sumo. if practicable, would not be denied by
.nv. because such "a discussion wou'd be I'M
Necessary upon the present question. he
enquiry I am making respects the right on
enc set of representatives of the people, cho-
sen far certain purposes, 20 give n'uadatory
Instructions TO another set o. representatives
or the people chosen FOR other purposes, with
out any written law TO that effect, aAd BY the
mere force OF implication. II 1t should De
contendcd that the seniors OF the u o'"Cc5 ;
are the representatives Of the legislatures OF
the respective states, and not the rtp:eSeAta-
,:ycs Of the pcople of the United States, III
their individual characters, contrary to th2
express provisions OF the constitution, theh
this absurd conclusion would follow; thae the
PEOPLE of the United States are governed Oy
laws, not passed by their representatives OUT
bv the representatives OF their state ie&iSi'-
lures in their corporate characters, contrary
% the fundamental principles CT all republican
governments, and directly opposite TO the uni
versa. expectations of the whole American
people.
But, sir, let us resort to the constitution
itself, and see the actual relations which do
there exist between the legislatures CT the re-
sDectiye states, and the senators OF the re-
sDecsve states composing the senate OF the
United States.
In the Sd section Of the lst article of the
constitution are these words " l he senate OF
the United States shall be composed OF two
senator's from each state, chosen by the lcgls-
Iature thereof for SIX years, and each senator
skau have onc Dote." In another place, are
these words " And if vacancies happen by
resignation or otherwise, during the recess OF
the Legislature of any state, the executive
thereof may make temporary appointments
until the next meeting OF the legislature,
which shall then FIJI such vacancies" These
clauses of the constitution present all the re-
htions between the legislatures and cXccu-
tives of the respective states, and the scna-
tors of the United States; and i'll what do
they consist? Certainly in nothing but in
choosing the senator's when that Is done, al
the functions of the legislature and executive
are at an crd gaze al that particular subject.
: see no influence given either over the WIGS
or the acts Of the senator during the SIX years
fer which he is elected During that period
the senator is entrusted with the execution OF
ali The powers and authorities conferred up
ca him by the constitution, at his own dis
crltion, subject only to his constitutional re-
s7onsihiiity at the expiration OF his term OF
service. But it may be said, that the right to
Instruct arises from the necessary connection
between the constituent and the representa-
Eve To this il may be replied, that this up
on the general principle is 4 constructive or
nj implied right but doubt its application,
al least in lis full force, to this particular
case. The relations in this case between the
constituent and the representative are OK
pgessly prescribed Ky the constitution nel-
tier Of them can claim am original CT native
rights; and no construction nor implication
ought &c Be i;..crrc-, .>sa..st Us provisions,
ne: Inconsistent with It's obvious meaning
Resides, if this mere implication be the only
foundation of tie right OF the state legislatures
to instruc. senators OF the I. States, it would
equally apply 10 the state executives, when
from adventurous causes they exercise the
right of appointment; right believe not
generally admitted, even by the state e,,isia-
lures; especially in the sense contended for,
that the instruction is mandatory S conclusive.
Will it not also apply to the connection be-
tween the electors and the President OF the
l.. States find BY the ID article of the
constitution, that the President OF tho United
States is to be chosen By electors appointed
bv the several states, and they OF course be-
come the immediate constituents Of the Pre-
sident But what would be thought Of their
inierring q right from this connection to in
struct the President Of the United States in
what manner to execute the powers and du-
ties Of his oticc. And what would be the pro-
liability OF concurrence in such Instructions
from the diffece:,: elscscrs Eof the several
states. The Presidents responsibility is test
cd q, the expiration Of every tour years that
of senator at the expiration Of every six
years; and believe that the changes Of The