The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-02-01

which the legislatures are forbidden TO TORCH,
aud excepting certain powers, specified il
the contribution of the United States, which
are transferred by rho people and by the
states, from the state governments to the
general government-dn certainly vest ia
the state legislatures, every power and at
tribute of sovereignty, which the people
Themselves would otherwise exercise in
person. Those legislatures are in fact, IN
the daily exercise of all powers ebe!o.ssinx
to the state sovereignty. except those thus
siorbi.ldcn To them. Now, the ppwer 70 in
kstroct the Senators uf the states IN Cvs.
!gress, has not been fort;dsle:, by The sta.e
tcclssutrti1ns TO the state legislatures. AMI
RETAINED by the people in their own hands
I therefore, the stare legislatures r,aysexer-
bcisc this act OF sovereignty, this right Of
instiuctihg, their senator's, as properly as
they may exercise any OF those powers,
which they exercise dailv, without anv
fdoubs about their right. and which yet are
mot 'on' grants Z 2 ,1s@ ~ express dslss@1
Or this doctrine. the whale history Of a.,
| the American governments proves tho
business. The state legislatures sent depi-
ties TO the first Congress thru formed the
Fold articles of confederation of the United
States ; they sent deputies to the federal
convention that framed the present consti-
tuition and fhey called the conventions of
the people which ratified that constitution.
Had they any express grant OF power to
perform these important acts! Yet, was
it ever doubted, that they had rightfil
power! An these great acts of sovereign
ty are as much beyond the range of ore.jna-
~ state legislation, as is this power ar in,
But this right of the state legislatures to
instruct their Senator's in Congress, is yet
more conclusively dcmonstrab,e from a
view OF the federal constitution. taken wi
its context, the ole articles of confede
| ton.
The articles Of confederation were GER
| family nothing more than perpetual SOL
| emn league and covenant between the state
sovereignties. The federal convention was
| dePutcd 70 amend them. 1t, however, pro-
posed rev system, which, in its construc-
ton OF the House of Representatives, de-
parts from the principles of the league, *
is clearly national /; but in that of the SER
| ate adheres to those principles, and is
| Clearly ;leratiye-federative, as we'll in.
ne equality or representation as i'll the,
node of election. This was no more in
leHect, than ENGRAVING SO mcuh of the for
mer league upon the new constitution !; ma
| KING that branch of the government as tn
whole had formerly been, the representa-
tive OF the state sovereigntes and placing
1t, like the Congress under the articles ox
confederation, under the influence of thsy :,
state legislatures. Now, the right OF the
| state legislatures to instruct their delegates
In Congress under the conteder ration, never
was doubted. The senator's under the
present constitution stand in the same re-
iation to the state government. The SEN
ate was designed, III trust to form the bal
ance OF the new constitution I; to check the
consolidating tendencies of the other prin-
ciples OF the system and to preserve the
state governments inviolate Such vas
sf r. .ssjs 'ss sN,ts@
1t has been asked by hme-id the State
legislatures may instruct their senators,
Why may not the colleges of presidential
electors instruct the president? The right
OF the state legislatures to instruct their
senators, rests not solely on the ground that
they eject them but if it did, there is no
| slmiltuGe between the electoral and legisla-
tive bodies. in regard to the right of i,slruc-
ton. Instead of parallel. there runs con-
trast, between them. The former exists
but a few weeks, is created for single pur-
| pose, and when that is answered, is disso-
1 yea forever the latter may be regarded
| as always In existence, is created for gene
raj purposes, and is the fair representative
OF the state sovereignties. No one electo-
raj body elects the president and vice pre-
sident; each gives only the votes of one
state; no one OF them, therefore, can with a
ny colour of right, claim control over officers
elected by the electors OF all the states; where,
as the state legislatures have the exclusive
election of their senator's, who return to them
for reelection. Every facility for action
too, IS possessed by the one ; to the other
1T would be inipractcable to act at all. Be-
sides, the President and the Senators are of
Ulcers OF very different character /: he is tru-
ly the representative of the whole nation,
Pected by all, responsible TO all they are
kthe Representatives Of the states, elected By
1.-THE states, responsible to the states and we
fnaturaiiy look to our particular representa-
tives, TO promote the objects We have al
1heart. 1o instruct tie. AreSident were alb
ksolutely Impossible.
it has been argued; that if the state legis-
iatures may instruct their Senators in Con-
:sress, SO may also the sta te executives. Blu;
tnc state executives are clearly, in no case
the electors of the senator's they are YES
ted with the appointment during the recess
or the legislatures, from nero nccessity.4--
And it Is no. thc executive, but the icj,isia-
tive bodies OF the states, that are clpthet!
| with the state Soyereighties this Is the
| great distinction.
Ihe power of the state legislatures to in
! terpose or questions Of deep political inter-
est, in tie affairs of the General go, ernment
the obligatitn q such Instructions, are sus-