Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-05-19


currence 10 the and nature of things appca
Die TO private concerns. The of The contrary OPT
mon IN Tie present 10 have arisen altogether
from overlooking the principle and operation of
erne0iate agency IN elections, which far as know,
are exclusively applied TO political institutions
lake Inc iolOWing illustrations authorizes Il 10 choOsc
an agent or representative for to transact AS business
d. III virtue oil TINS authority chooses G. not TO transact
Us business, but As;-whose agent or representative
Is I, "'en thus chosen by Il; Not IS surely for he
mas o'nn 10 transact for u, for his benefit but AS
whose business he IS TO transact. Who would then hay
me consequent right 10 insuuctC? Certainly 4, who
Is alone interested in the agency OF &. Is could not
uerNe any consequential power to instruct G, i'll What
manner TO transact AS business merely from the pow
or 10 choose c. which, when he had executed his power
ceased. Thus when the people of the United States
authorized the state legislatures choose two Senators
10 protect their rights, anG transact their concerns ev
became the beneficial constituents OF the Senator'S AID
not the state legislatures their intermediate amens and
the right OF instruction deyoyed upon the beneficial
constituents, tie people, does tie right 10 instruct
retained by the beneficial constituent even where there
is no intermediate agency find its foundation in the
right To choose or elect. The right 10 choose or elect
may serve to direct the notifications i'll executing the
right TO instruct but II not tic foundation OF that
right ITS foundation has much higher sanction; tide.
ponds upon the great rights and interests of the bcne
hca! constituent, put in charge OF lis agcs or repre-
sentae whose every act in the representative charac
ter, affects the welfare of the beneficial constituent-
II is upon these obvious grounds that conceive IN, self
the representative of the people OF the United States
III tbeir individual capacities generally, and of the state
VI thSiha particularly and not the representative of
The Legislature OF Virginia, in its corporate character
Whist therefore, fake great pleasure in aclznowled-
ing myself servant of the people, in common with nv
ieiIow servants OF the General Assembly, must pro.
test against being the q" my fellow servants ser
wing the people IN coninunioH although employed in
dlercnt occupations or in other words the renresen-
la'Ne OF the General Assembly in lis corporate chsrac
te7' Not because have any objection TO the appea-
tIon II the fact So; but because the fact is mot m
90 not in my senatorial character 7ele9 seyrjee to
the General Assembly in its corporate characters but
IN that character rehdcr 10 the people of the
United states, ntther individual capacities reperaiIr
and 10 he people Of he State of Tiroinia par5ic,,rj
he very thing SAID and repeated the critic saws sought
10 nave sadJ ut is on them Individually that the laws
congress operate not ON the legislatures collective
~ rendering the people service, therefore, am in
that sense their ant From all these considerations
conclude That that ii the claim of the right to instruct
De mace TO depend upon the right choose such claim
demonstrated TO be uniounded if the constitu-
tlon had been silent upon the subject But fine coueti
tuition with its usual logical precision has subsantia
declared ichat shall be tie Consequence of lie a;bt IN
Choose IN the particular under consideration Tho
words are, "he Senators, &c shall be chosen by tho
legislatures, &c. and each Senator. shall hare one l,
mere Is an affirmative logical distribution of rjnLs IN
e Legislature given the rishi 10 choose; to the Scna-
oF "hen chosen, Is given tie right cote as c0nSe-
q"ence OF beng chosen By Ike legislature: But directly
against this constitutional distribution of RIGHTS and
consequences, the General Assembly infer that each
senator Oy consequence shall have vote and each slate
Legislature by consequence shall ina yocs For i
pears 10 ne to be III vain for the Senator TO claim tie d
Tec'lon and command OIL vote if the state legislatures
nave the direction andcommand over him. II then lilo
conSutlonhas notndircc negative terms excluded The
state legislatures from the command and coatrol of fine
seatoral votes Congress- certainly has in atiirnoa
1--WE terms, 10y giving to the Senators respectively the
t 10 VOTE upon principle of direct incompat; biIv
with such legislative control and command II shor,
also be recoeced that another virtual exclusion &c
contained IN the first section of The constitutions in tho
following words: All legislative powers lie rein ron,
cd shall be vested in Congress of the United States
which shall consist of Senate and House of Renrrsen
tatiYesn
now beg you my friends, to ask yourselves what
mas become OF tins eccentric formidable charre of my
denial that was in senatorial character the rnrc
sentative OF the people of Virginia. when you must have
ooseFVeo uat 10 prove that the representative OF
the people ofNirginia, well as Of all The res, of the
people or the several in their individual canac
lies, was essential to the justca ion of the onirio that
was not the representative OF the several state Iegis
atures III their corporate characters But it has been
SAID in hypOCrisIca Spnit appears To mo that j.,
my speech, stated that was the represenla 1.-Two
people OF the u. S. and omitted 20 stale at the Same
'e hal WIS tue representative of the people of Yir
gina This criticism is founded upon tie false infer
e"ce, tha ny Tie omission, meant exclude the idea
That was the representative of the people of Virriuio
MS inference Is said to be drawn from the rule that the
expression OF one thing is the exclusion of another
! us Is uolhing more than strange misappicaton of
the rule should be recolectcd that the omission TO
say thing is not denial Of that thing: particularly in
cdse III "ch II was not necessary to say tie omitted
uing But The rules OF exclusion, has no application
o
thlngs as are not included in the cxpressor-and moi
to such things, as arc included in the expression This
precisely the case in question. The people of rin
are part OF the people of the L. Sand the expires
SION dt was the representative of the peope Of the
L. s. IN their individual capacities necessarily incu
ded the people Of Virginia, well the people of the
other states The rule properly applicable to the case
hat every major includes the minor, or that the
whole includes every part of the whole The desiana
ton OF the people of Virginia particularly had not6nr
to DO with the argument, which merely intended to
prove that Senator of the u. s. represented the Deo
PR the Sered T. S. an their ndir6pai capacities: and not
me ereel sae legislatures IN Mcir corporate characters
on cannot but see, my friends, with what perseveriDr
ardor, the spirit OF CRITICISM has been made 10 pursue
me upon this Unprecedented occasion-and trust Won
can but see how unavaiug have been all jts loe1os,
and most industrious efforts
ITO BE CONTINUED.1
GoM0ress of the n. states.
Congress PrOccedizlgs Of IHeGnesin1 linn 1n