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


Is is, scanty and 50 rare. The doctrines
Of statesmen, most deeply skilled in political
science, and especially in the principles OF
representative government, have sunk in
60 ool,vio,, as themselves have sunk into the
grave. Tcc voice Of our fathers IS heard by
their children. only in tho murmurs of m
Gisti;cs trIdition--shtt voice, which might
miaister light to our maids, harmony tn our
opinions, stability to-our principles and ven
eratiou to our instita,ioris. The authority of
AMERICAN Statesman i, support ut tire rene
ri right of iNetructicNi, though j. were Ger
fcinly the best, is the least at all capable ct
distinct citation. Happily, that Is not nav
rccessary: how generally the right of in
st'ac ton Gas between the people * the state
governments particularly has BEEN acknow =
3clgctl. how little questioned, how often cx-
crcisesi, aud ilow dearly valic., IA Virginia
At least, the memory Of every man must II
bound with proofs
The Gen. Assembly therefore rest salts
fed. that IN c exercising the right of instruct
ing tho Senator's in Congress, it has acvanc-
ed no novel prctension, as it will presently
appear it has made no unjust one 6 that,
if example could Justify dsobediencc to such'
command, even that Justification is want,
ing OH the present occasion.
'Tc vieW,the subject upon principie.-'
TIE right of the constituent to instruct the
representative body, seems To result, clearly
q conelusiYely, from the very nature of the,
representative system. Thro' means of that
noble institution, the largest nation may, ais
most as conveniently as the smallest, enjoy.
all the advantages of a government by they
people, without any of the evils of dcmocra-
cy-precipitation, confusion, turbulence, dis
traction from the ordinary and useful pur-
suits of industry. And it is only to avoid
those and the like mischicfs, that rcpresen-
tation is substituted for the direct suffrage
ct the people in the Office of legislation
The representative, theref We, must in the
nature of things, represent his own particu-
lar constituents only. He must, indeed,
look to the general good of the nation but
he must look also, aud especially to the in
terests of his particular constituents as Con-
oerned in the common veal (; because the
general good is but the aggregate of indivi-
dual happiness. He must legslate for the
whole nation: bnt laws are expressions Of
the general will, aud the general will
is only -the result !of individual wills
fairly collected and compared: in or
der to which collection and comparison (that
is, in order to express the general will, i'll
order to make laws) it is plain, that the re-
preventative must express the will, Sc speak
the OPINIONS, of the constituents that depute
him. 1
1t cannot be pretended, that representa-
tive is TO be the organ of his own will alone !;
for then.he would be SO far despotic. He
musf be the organ of others--of whom 3
Not of the nation, for the nation deputies him
not but of his constituents, who alone
know, alone have trusted, Sc can alone dis
place him. And II it be his province and
his duty, i'll general, to express the will of
his constituents, to the bese1ef his knowledge
without being particularly ipformea there
Of; il seems Impossible to contend, that he
IS not bound to do so, when he is SO specially
Informed and instructey,<
The right of the constituent to instruct
the representative, therefore, is essen
tal principle of the representative system.
Vt may be remarked, that wherever repre-
sentation has been introducetl, however un-
favorable the circumstance under which it
existed, however shortits duratiens however
Gnimportant its functions, however dim
" understandable right of instruction
has always been regarded as insepa-
rably incidental to mot to mcnti-
on other instances, which history af-
fords, we aresinformcd that I" the hrocura-
dores, or members for CASTLE in the corte
held at Madrid, Tfthe beginning of the reign
Of Charles V. excused themselves from gran
ting the supplies he desired because they had
receiued no orders from their constituents (;
& afterwards, receiving express orders not to
do it, they gave Charles a fat denial. The
same was the custom in France before that
Country WAS SHSidNSu. ne StHS1tl AS
sem5ies being laid aside, the same custom
is still Qatter end OF 18th century, used in
the lesser assemblies of the. states in Lam
guedoc & Brefagne."
1t Is kim of all governments founded
> on contract,tlat no man canbe bound by laws
!. go which he has not given his assent, either
directly /; or Immediately by his representa-
. tive, or virtually thro' representatives cho-
sen by his fellow citizens. amongst whom
he dwells. having the same general and 10
cal interests with hinsclf/lf the right of
the Constituent to instruct the representa-
. tive be denied, law might be enacted, ac-
cording to all the forms of the constitution,
and yet contrary to the express will OF every
man in the community, the individual repre-
.entativcs themselves only excepted. If one
representative may disooey the Instructions
of his constituents, the whole representative,
may disobcy the whole constituent, body
. IT then, a law were proposed, against which
+. the nation soiemnly and unanimously protes-
ted, and which the people with one voice
instructed their representatives to oppose ];
IT the representative might iazvinity tlisbey,
and should infdct disr'bev, such instruction
"h"re would be law, binding on the people,
= enacted not only without, but directly "a
gaipst, their consent.
A representative has indeed wide field
of discretion left to him and great is tho
confidence reposed in his integrity, hGe'i Y,
wisdom, zeal but neither is the field ut dis
erection boundless. nor the extent of conh-