Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-08-31

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IS 6, ;tnen,s giving instructions, should DC LII
&c ,ossess;nn Of all the material facts upon
e which the Judgement OF The Kepreseh'a''e
"could be formed. >,;.o.
49,, &C his limitation to contested fresiaeh-
,;oi election: in which the People, inhaoltins
= ren,o,e Conrre ssional District, and perhaps
knowing nothing Of any of ths candidates, ea-
rrn, bv name, can scarcely be said to know; III
svrrv instance, alltb material facts which might
ruide the decision OF the Representative:
'rhese facts may either relate TO the htness,
or ouarfc atoms, of The different candidates:
concerning whom, from superior sources OF III
formation, from personal observation, ana rom
habits Of association and intimacy, "ithou'
which no true estimate oil character can 's
formed, the representative may De IN poSsess.o"
of facts. unknown to his constituents, "hieh
should determine his choice, and when pecuha,
circumstances, perhaps his having been nimsth
| a candidate. might prevent him, eyen IN his
own yindication, from publishing 10 the world.
/ Or these facts may arise in the progress OF the
election by the House. Some of,he candidates,
or their friends, may, u, that period, adop'
no,icv. unforeseen BY the People, aud Destructive
| Of The permanent prosperity OF the couniry, oy
/ which the Judgment Of the Representative
should be formed. Nay, more. Three candi-
dates are returned by the People. One must
| be soun abandoned and the contest hna'iy set'ie
upontwa In the combination Of parties which
must inevitably arise, material facts may occur
which no political sagaci,y sould have ioleseeh'
and which, therefore must have been Unknown
10 constituents attempting 10 give instructions
mop,hes before. But j, may safely be affirmed
| that, under circumstances like these, and these
were the circumstances In which Inc accused
was placed, instructions never were, ana never
will be given They would involve the absurdl
" of prescribing 10 the Representative GER
tain and undertaking course, the correct,
ness of which would depend on contingent ana
unforeseen events. And is there Representa-
tive. worthy Of the name, who would attempt,
in these difficult emergencies, to regulate h,s
conduct, not by his own intelligence or his
knowledge Of the events before him, bat by
public ,rumor-by newspaper denuncia:ion IN
his Slate or out of his Stately the acts OF a
Legislative body, acting in the name, but with
out the authority Of his constituents or by any
thing and every thing which fac,ious dema-
: eoeu.s may call implied Instructions And what
can equal the presumption Of that Representa-
tive. unless il is his folly, who would not only
regulate his own conduct by these unerinS evil
dences of the will Of his constituents, but AZ:
raien before your bar Representative, at least
as intelligent and homes, as himself, Tor the IN
heard of crime Of consul.ing his OWN Judgment;
rejecting his authority, and not Initiating ms
example! will only add, upon this point, thai
il you believe, that The ReprcsentaIve Nigh
have been i'll possesion OF material facts, nauen
cling his decision. not knownio his constituents
/ YOU are bound 10 find him innoctn, Ct the charge
of inconsistency; that you are bound, by the IA
,ure Of the case, TO- regard as evidence OF The
Repre- sentative and the conduct ofhis cnns,iu
ents, and that the con lectures and opinions o
third parties are impairment aud irrelevant
But should YOU BE- unwllling, gentlemen oil
the Jury, TO rest your verdict upon the points
, which have been raised, there remains another
upon which alone il is The unanimous opinion
Of the Court that the accused may rest his d..
fence. You will 6nd, by referring 10 the Alb Ii.
initiation Of the general principle orlhe c5lga
ton of he Representative 20 obey ins,uc tons
that the accused has declared: " That the in.
} structions 10 the Repre- sentative must 6c givci
"by Uhese--0niy who reside "ithlu his 2artCl'
5 " lar Congressional District-his constituents
thus using tautoDs,cai expression 10 show
the importanc- attached 10 the fact, that The IL.
s,ruc,ions mus, b. given dy his constituents
themselves, aud 10 gard, if possible, against
} future misrepresenta
|, is not pretended by The prosecute, that in
this case a"y positive instructions were given
lie has commended, howessr,i IN argu.nehJ, that
the accused has admitted the validity OF impl.
ed Instructions and tnat the act OF the lrgisla-
lure is soideace Of these implied instructions.
Bat youw,ii readily perceive; gentlemen, with.
oui any direction from the Court, tina, the Pros
rcutor has forgotten 10 advert to the Tact, that
Il be relies on part Ut the admission OF he ac-
cussd. Ne is bound 10 AXE the toaoie and that
the accused, while admitting the ,alidlly of I'M
piled Instructions, as ad,led that these implied
instructions must be given by his constituents
only. The accused, then, has the right to de-
mand the proof no, only Of The existence Of I'M
Piled instructions, but Of implied instructions
by his constituents. What is the proof upon
which the prosecutor relies? A resolution of
the Legislature, preJess,ng to express Inc wish
Of the People Of Kentucky.> This resolution is
no doubr evidence 10 show the sentimt n, Vi the
members who adopted it, Bat 1t affords no
proof Of ms ructions ny toe People Of The SAFE,
for tine obvious reason that il is no, stomp, d by
their authority. The People Of Ken,ucky aa,e