Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-08-24
From the Charleston Courier.

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"7zs fundamental principle, the wW Of The people"
The examination of this will contain some
"recurrence 10 first principles" Ifby the "will
of the people, is meant the Constitution, which
is the highest expression Of their will; or such
occasional and periodical expression of their
will as the Constitution provides, the sentiment
is unexceptionabe. If il means any thing else,
as it would seem it does, let the people set
mark on such as openly or covertly avow such
sentiments. The Constitution may be viewed
as contract, to which the people, and all the
functionaries arising out of it, are parties. Pre-
vious to its adoption, the people were Tree to
choose this any other form Of govern
ment; but having adopted it, they and all other
parties are bound by it. The people may call
to account, but they cannot (rlghtfully) inter-
fere with he deliberations and decisions Of one
Of the functonaries. And in some instances,
their functionaries cannot consult public opinion
What would be thought of Judge, who, in
forming his opinions, should ascertain the SEN
timents of the community, and decide accord
ing to the opinion of the majority; and this from
reverence Of the fundamental principle, the will
of the people? The moral sense of the commu-
nifty would be shocked by it. SO too the peo-
pie well understand that they cannot Interfere
with the de CELEBRATIONS and decisions. of Judge;
and when made in the sphere of his authority,
if there is no appeal, they are to be regarded as
part OF the law of the land; and as such are
binding on the whole nation as one man. If
the people are disposed 10 withhold confidence
on suspicion, let them not withhold 1t from
men who have served them with distinguished
ability, and without stain. Let them withhold
it from men who either do not know, or keep
out of sight Of the true principles that should
direct their choice;eand if disappointed, cry out
the will of the people is defeated; who have re-
publicanism and love Of the people on their
tongues, and disobedience TO the laws in their
actions. If the people need any other monitor,
when they find such men, than their own ex2e-
rience and reflection, let them reeur to the tes-
timony Of history. There they will find, that if
the opinion becomes general that they may set
up their own will in opposition to the laws; or
if they tamely permit any to do so, they may
provide for toling the knel of their liberties
They may witness the scenes Of Marus and
Scylla Of the two triumvirates, and the law Of
suspicion enforced by the guilIotine.
AS to the power vested in the representative,
a difference of opinion exists, each side being
supported by distin guished and meritorious
men. In the free examination Of the opinions
Of such men, respect is always due. Its main
tanned by some, that the representative is bound
by the Instructions of his constituents; and con-
sequently that he may with propriety pledge
himself to support any fayori'e measure. The
pervading spirit Of the Constitution is, that all
the acts emanating from it, should, if possible,
be the decisions of reason. Instructions may
be contrary to the Constitution itself, still more
frequently they may be inconsistent with the
selection of the best means; and the most Judi
cious application of those means for the &C
complishment Of its objects which the Consti-
tuition intends; for they may be given on par
tial views; they fetter the discretion of men, who
are presumed TO be chosen for their talents, in
formation and integrity; and that too when they
are in the most favorable situation to form Just
judgment. For, these reasons it is my delibe-
rate and decided opinion, that the doctrine of
instruction, with the consequent practice Of
giving pledges, is, in all its forms, inadmissi-
Bile. Every desirable object proposed by the
doctrine Of instruction may be effected without
one of its sacrifices. Let the people cultivate
free interchange of opinions; and select men
whose views are in unison with their own
But let them be men of talents, information, In
tegrity, firmness; men who are as anxious to me-
rt,as to gain popularity. Ifbetter than such men