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


modern times, in the purcst ERA cfthc l.ry-
lish constitution. in the reign of William III
OF an acknowledgement by the EnglSA coiu->
mons I'm substance Il least, if not III ,erinsl
IV fher d5sctnfc Crfendehcc or their cons,i-
fnents Al viii be found in the eropts,,! re-
l'nonstrance ct me comr,o,,s, on the occas:en-
oi The Sing refusing his assent 10 the bill for
nee and impartial proceedings in parfa-
nient. moreover, we are informed ~ at
theit.c history, that FORMERLY :. whom ~.
commons gave their answer touching The.
subsidy demanded tee the wars, they ticsir-
CO leave to rcturii into the country. 10 confsr
7;ffh their neighbors:" and again. thar he
commons " o!;en refused to agree 10 promo.
sluons from the court, for this. NeScts- only.
hIat theyco,tid NOT, I'll they yye,a .JojAe ard
consulted s'sth their sconxtifnentsgs-.s-.
+" Instructions (says Il member: Of .the
ttouse OF Cammons) ought to be.ys.lo7ped
,mfhc'ffy, after the member has .,,ass,sxifpi-
~ gwen his constituents his oi,nai,n 6ttiem:
Far6e HJrom n,c 10. ohf,ose mn n, svm~ne
10 fhGt q COCO Of mp }rHcry cHi-rsfs ''-
he practice (says another) Of consulting
our constituents was gccel. i wish 1T was
continued. We can dischargc orr au.v no
oe.fer' man n: /oft'Tcing the circc.ioati those
Funo sfnt Us hitler. !that the heopt: chnae
's1iyht, because hhcv chase it.'' ltwerc an
endless labor to collect a catalogue Of Illus
t'1cus statesmen, the wisest and best En,r
land ever saw, who have, from time to tine
publicly subscribed to these opinions: hut i
were impossible not to single utthe name
OF hnssef Who is particularly recorded to
nave acceded to the sentiment last quoted.
without referring to the minor political
authors, without number as they are with
cut fame, who have maintained these no.
sitions Quoted from one of thems-s. that
sthe pc pic have r;rht to Instruct their
srepresentatives--that 10 man ought to be
Ichnsen that will not ,receive Instructions
Ithat the people understand enough Of the in
Itcfcs's ct the country To give general in
structionS--that it was the custom forr,er
I ly to instruct all the members, and the ma
ture OF deputation shows that the CUSTOM
was well grcunded''-it is proper to mem
tion, thatthe great constitutional LAWYER
Coke, tho he fiourishcd in the DAYS of
Queen Elizabeth, (whose attorney general
he was) when prcrogativc was stretched to
ITS uttermost bounds-and Sydney, the
martyr OF II cedom aud ~republcanism, con-
cur on this head Coke SAYS " it is the
custom Of Parliament, when any new de-
wee is moved for, on the kings behalf, for
ms aiti, and the like, that the ccrnInons NAV
answer, hey dare net ogree 10 il 4ptfhou.
conference qchh fhrir conrties And Syd--
ney (whilc he admits that the constituents
cannot call tie representatives to account.
othcrwise than by not re-electing them Is
=" that members derive their power from
those that chuse them---that those who
lSVe power, do not give an nrreserved pow
cr-that many members, in all ares. and
sometimes the whole body of the commons
nave refused to vote, hIthcy consulted
7vifh shose ,soho semi them-that the hon.
1 SEES maze often adjourned to give them time
20 40 so-andi it this were done more fire.
guently, or OF cities, towns and Counties
mad on some urea ciCDc orire,,
their deputies matters would probably have
gone better in parliament than they have
donc. In strict union with these opinions
OF sydney, are the differences dcluciblc
from all the principles of government,
maintained and established, concerning the
nature Oh political trusts, by the apostle of
truth and liberty, the immortal Locke.
: blackstone indeed thssents-he denies the 4
rignt OF the constituent to instruct the repre-:
sentative but while the praise of classic and
OF leSai learning is universally accorded him.
the wings OF England (who concur with US.
that government is a trust for the benefit of:
the governed) have uniformly denied the
orthodoxy of his politics. The celebrated.S
Edmsn Burke, man, it must be admitted.
OF profound knowledge, deep foresight and
transcendant abilities, dsobeyed the instruc-.
eions OF ms constituents; yet, by placing his
excuse on the ground that the instructions
were but in the Clamor of the day, he seems
to admit the authority of instructions sober
~ and deliberately given for he agrees
!" he ought to look to their opinions, (Which
ne explains to mean their permanent set
red opinlon3)" but not to the fash of the
day :; and he says elsewhere, that he could
not bear to shew himself 6 representative,
whose face did not reflect the face of his
constituents face that did not Joy in their
ysSt sorrow in their serrows." 1t is remark
able, that Notwithstanding a NEST spcnllid dis
playof warm and touching eloquence, the peo-
ple.of Bristol would not reflect Mr. Burke, for
this very offence of disobcying instructions
Z 1t appears, therefore, that the right of the
constituent to instruct the representative, is !
.ir'nly establish ed in England, on the broad /,
basis of the nature of representation The
existence of that right, there. has been de- .
inonstrated by the only practicable evidence, !.
by which the principles of an unwri.ten ON
stltution can be ascertaincd --histo.v aDdS
precedent.
II in England, from the days Of INC vouth
ana innocence Of parliament, while yet the
1rec spirit OF her Saxon laws remained in o.
ilginHl simplicity and purity-from the ear
ieSt' 10 the latest periods of her eventrul
history throughout all the commissions aud
vicIssltudes she has undergonc-the right to
instruct their representatives, has been un-
ceasngly claimed by the people, often exer-
cised, sometimes formally acknowledged, e
IL.