Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-02-20
Virginia Legislature.

"c, ~ me fTeuNOIe ana HeSotntt1,,s, on me
subject of'fhe right cfthe State Legislatures
10 msfr7fcf the Senators Of their reShecliue
sfdfeS' IN The Congress ofkhe u STATES.
THE General Assembly of Virginia, re-
luctantly, pronounces any sentiment, which
can be construed to inply censure ofthe
proceedings of a former Legislature of this
state, convened under the same authority
| possessed Of the same powers, acting under
| the same responsibility, and animated by the
same motives with itself.
Il he opinions of men however falliblc as
| they are, ought not to be immutablc. To
IeeDsure the change of opinion, on the mere
ground, thatitis departure from one former
| ~ entertained, would be to censure human
nature, the errors of which, it is the duty of
| man, rather, to dcplore. 1t is, therefore,
with feeling, at peace with all the world,
and more especially with anindulgence to the
errors otis predecessors, which, it hopes will
bespeak OF succeeding legislatures, a like fnr-
giveness of its own imperfections, that this
Assembly undertakes to review such of the
doctrines, contained in the report of a COM
| mittee of a former House of Delegates, as are
now relied upon, to justify the Instructions,
relative to the Bank Of the u. States, given
| to the Senator'S of this State, in Congress, BIZ
| the last General assembly; and to author
| Use this Assembly to censure those Senators,
for having questioned OF disobeyed the au-
thority of those instructions.
tits commended, in behalf ofthe state legis-
| latures. that they have right to instruct
the Senator's representing in Congress, their
respective states, on al points, relating " eli
Their to the constitution, or the policy of the
United States;" and as a necessary conse-
| quence of this right "that it is the duty of
! ''the Senator's to obey such instructions, pro-
| "yided they do not require of them, a vio-
:" lation OF the Constitution Of the u. States,
or the commission Of an act of moral tur-
"pitude."
! The arguments urged in support of this
| doctrine, are deduced, from the nature of
representative government: from the right,
| which unquestionably belongs to the legisla-
| lures CT the several states to elect the Sena-
| tors who represent those states in Congress
and from the assumed principle, g. that the
state legislatures are " clothed with the ge-
neral attributes of the sovereignty of their
respective states" Is it to be inferred from
the nature, ard end of representative govern
ment, that the constituted authorities of such
a government, are'bound to obey, implicitly,
| the will of their constituents?
| The people, who are the only legitimate
\ source of ali government may, unQuestiona :
bly,, give to any government that they please
to create, the particular form, which they,
themselves, prefer. Wherever the maxims
| which regulate that from, can, be ascertain
ed by custom, or have been embodied in a
written constitution, those maxims, until they
shall have been constiutionally altered, by the
people themselves, furnished the only rule
of political conduct, as well, to the magis-
trate, as to the citizen. And wherever those
maxims, furnished solution of the inquiry,
uvhp ka ~
" Instructions of his constituencies" there is
an end Of all farther argument upon the sub
ject. But, by the nature of representative
government, is presumed to be meant, that
government, reduced to practice, in its best
form, and adapted to its great end, the pro-
motion of human happiness; without regard
to any particular character of it in actual
existence. In this sense, the argument is,
here, regarded.
The first and simplest form ofgovernmcnt
is that, in which, the will of majority of
the people prescribes the rule, by which,
the conduct of each Individual is to be regu-
lated. So, Locke, is to be interpreted, when
he says, that which begins and constitutes
"any political society, is nothing, but the
"consent of any number of freemen, capable
"of forming majority, to unite and incor-
"porate into such society" And this, he
adds, "is that, and that only, which did
"or could give beginning, to any lawful gov
ernment in the world" In this condition
OF society, if mankind, ever did so exist, is il
evident, that majority of the people, admi-
nisterlng, collectively, all the powers of gov
eminent, The relation Of RetreSenfatipe ana
constituent could have no place. 1t is not
necessary, therefore, to pause, here, for a
longer period, than to remark, that all Ie-
gislative, judicial and executive power would
remain in the majority who governed, unli-
mited and unrestrained but by the law of ma
ture. In the General Assembly, they would
: all, be exercised, in one single act. The mo.
ment case arose for the application Of q
law, 1t would be suggested by the feelings o.
| the majority. and the Interpretation, and OK.
ecuton fit, would instantly follow. As such
a government would be but small advance
from state of nature, and uniting all pow.
er, IN the same hands, would lead to a tyrau.
ny, the most intorable, it could not very lone
endure.
The first step from it, however, presup.
poses delegation, by the majority, to some
portion OF the community. of the whole, or 3
part At that power, which they, before, ex
clusively exercised. To make, such dcleea.
tion Of power, legal, it must be effected. b,
the consent of the majority and as the enc
OF such delegation, is the happiness of the
community, it must be accompanied BY p CON
dtion, expressed or implied, that the power
so delegated, shall not be abused by those
to whose administration il is entrusted. To
whCrD, is the trustee, or representative, thu,
constituted, responsible! To those from
whom he derived his power, tbs majority o.
the society. For whose benefit is he TO eSe.
ercise this powerH Unquestionably, forthc
dement, OF those, from whom he derived II.