Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-02-20
THURSDAY, FEBRUARY 20, 1912

lmperiously requires and Whatever, therefore,
tends, IN ATTY degree, to impair the perfect free
dom OF such deliberation, is plain and mani
test violation OF the right the people to have
the government administered, in the spirit, in
which they gave it being Does the nature OF
such government comport with the doctrine,
" that where the ntenr6evs Of legislative body,
are seyeraiiy elected, blythe people Of the dis
tricts IN which they, respectively, happen to
1--we, each member is implicitly bound to obey
the Instructions of those who Immediately elect
h'm Is 1T not. utterly, impossible, in very
extensive commonwea lth, embracing very many
and much diversified interests, that any one
district of small extent, can wisely legislate for
the whole community II, which il readily
conceded, it always knows what viii, best suit
itself, can it be equally, appraised of wins, win
best suit the rest OF the community
Legislation, il not always, at least in a com
wealth so extended, is, ever, founded or n sys-
tenn OF compromise such, especially, is the
origin OF the numerous laws relative 20 com
merce and taxation or revenue. But the in
structions of particular district can he eroun-
dcd only upon the knowledge possessed BY the
inhabitants Of such district, and cannot provide
Tor the complex provisions of any such compro-
mise Hence, ifesch representative be instruc-
ted, and bound by such instructions, there could,
in many cases, he no Legislation whatever, and
the assembly of deputies would dispense from
the theatre on which they met, like so many
ambassadors, who, having each separate ui-
tlmatum, according precisely with none other,
could agree on no treaty whatever. Such, evil
IDENTIFY, would nor be the situation of tie MAORI
ty OF the whole, ifoollectively assembled for the
purpose OF legislation. The will of the MAORI
ty would be collected, on every question sub
mitted to the general assembly; such, will,
would be, truly, the foundation Of law But if
one district has right TO instruct its members,
SO has every other: all may do so and the as
semoly viii cease to be deliberative body.
1t may be asked, if the representative be not
bound by the instructions of a single district,
why's he elected by single district, II might
be replied, that this is not universally true, and
the theory OF representative government leaves
the subject to be provided for by the peculiar
constitution of each state. In the large state of
Georgia, all the members OF one branch of the
federal legislature, are elected by a general
vote throughout the state. In Maryland, the
members ofthe state Senate are elected by a
body of electors personally chosen by the peo-
pie These, as has been shewn, are but vari-
Gus modes, devised by majority of the people,
for the purpose Of electing those, to whom they
have delegated their Legislative power. The
representative, is still the representative of the
people, although in the latter case, the manner
OF bis election is more complex than usual
But there are nevertheless very strong reasons,
lions, why representative of the people in an
extensive republic, should be chosen by the
people of a district Of TatsIlSTstc extent
The people, to whom he is best known, will
be best qualified to select him in the first IL
stance, and to inspect and watch over his con-
duct afterwards, so TO render him amenable
to that tribunal, which frequent elections are
designed to create. The representatives COM
ing from every portion of the commonwealth,
with hav Lro Id ~
the situation and circumstances, habits, feel
ings and opinions of the whole people, to which
the laws ofevery country should be made to con-
form. They will come charged with the grie.
vances, of each part of the commonwealth, and
Will be bound not only to make them known,
but 10 see them redressed in manner consistent
with the great object of all Legislation, the gen
eral veal. They viii constitute one great de-
Lucrative assembly; one political person; and
not so many ambassadors, representatives OF
distinct sovereigns, and possessing qualities in
consistent with the law of society, that each
shall be bound by the will Of majority of the
whole.
Will this course of Legislation be inconsistent
with the maxim that no man can be bound BY
laws, to which ne has not given his assent 1t is
by his assent, that is, by the assent of majority
Of that people of which he is component part
that the legislative body has existence, that all
| laws are made.
Is it urged, that the representative, who o
beys, sets up his judgment against that of those
| who Immediately elect him! 1t may be repli
| ed, that he, who implicitly obeys their instruc
| tions, closed his ear to the knowledge, and wis
| dom, and reason ofthe residue Of the whole lie
| gislature He is I" part of the Legislative or
gan of the naticn,'' but the ShoIe organ, mas fo
its original, the creative power of tds majority
efthe s0h0le People.
| There is no question but that the people
| who are the only legitimate spring OF all gov
/ epments, may so modify representative gov
| eminent as 30 retain the power of instructing
| not only their legislature, but their executive
magistrates, and their judges. They may re
| tain an appellate or an original Jurisdiction owe
1 all or eitlar of them but IL the constitution
which tiey adopt makes no such reservation
| none such can exist, until that constitution /.
| changed, as il may be, at any time, by thosl
! who made it. Aud this doctrine is in STRIFE
conformity with that of the concluding para
| graph OF the Essay concerning the true orr
4 ginal extent, and end of civil government th,
author OF which has been already named, anC
TO name whom, is sufficient praise. "To con
| ciudc," says Locke, the power that every in
'dividual gave the society, when he entered in
to 1t, can ne~er revert 20 the individuals a
gain, as long, rs tic society lasts but will al
ways remain in the community; because
without this, there can be no community, n,
commonwealth. which is contrary to the orr
| ginal agreement So, also, when the society
hath placed the legislative power . in an as
semb'y ofmen, 70 continue in them, and thei
successors, with direction and authority fo
| providing such successors, the legislative
power "csn never revert 10 the people, willis
that government lasts; because, having pre-
| sided a legislative assembly with power I,
| a.
liticsl power 20 the legislative assembly
and cannnf rrsnn1c n. Rni Is they havl