Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-09-05
LOWNDES, No. w.
MIR. wpUrFIE AND MR.. CLAY.
70 the Editors ofiae National htelzgsncsr.

which had given, TO prove that the aliedged
INCONSISTENCY between the conduct and the pro
fesseS political principles OF Mr. Clay on the
subject of Instructions, had no foundation III
fact, and were deprived Of acolorahie preteA.'
even with the aid of the suppression OF. na'crl-
al parts of Mr.. Claws political opinions, II now
remains for me to show
Q. That. Mr.. McDufie has himself EXTENDED
the doctrine of instructions farther than us
warmes, advocates have ever heretofore
attcmpted and
3. That the principles OF Mi McDunie on the
subject ofinstruc tons, are unsupported oy
reason and opposed by authority.
From what has heretofore been said, the
nr;n, miles of Mr.. McDuffie may be easily infer
red: bu, that she may have no room to escape
from his own Judgment" will first establish
his principles from his own language, SO as 10
place them beyond the possibility at doubt.
Mr.. McDufie has attempted to foruty his
charge against MIR Clay, by alleging that he
has abused his trust as Representative oil the
People. by not voting for Gen. Jackson, IN con-
formity to the resolution OF the Kentucky LIE.
sislature. The plain inference from this would
seem 10 be, that Representative in Congress
is bound, in all cases, 10 obey the Instructions
Of State Legislature. From proposiuon
like this, even Mr.. McDufhe appears to shrink;
for he is well aware that Ii has never been as
serted, and would not be endured Tor moment.
He attempts, therefore, the usual art OF soPhis-
teal reasone, 5, and makes distinction purely
verbal. when there is no difference in meaning.
As his ingenuity is admirable, he deserves to
be read in his own language.
"No man of sense (says hel ever commended
"that the resolutions OF the Kentucky Legisia-
sure was binding as an instruction upon
members in Congress. The friends oil Gen.
Jackson only contend, that this Resolution
" considering the snanimity and other crrcum-
stances Of its passage furnishes positive,
{" clear. and incontrovertible e.adenee OF what
was the will Of the People OF Kentucky"
And, subsequently, he asks
Is it no evidence of Mr. Clay's corruption
&c th-. ha re,icd aoainst .h- --.an wHon ne knew
{" to be the choice, he almost unanimous
6 choice of the People Of Kentucky; thus open
s. " and flagrantl, and treacherously, violating
"tAe Fundamental right of the People,
Z" and TIE constitutional obligation ,ohich,
50 upon his own avowed principles bound him 10
&c cote for General Jackson.2"
Now do he .friends of Gen. Jackson" with
Mr. Nc Duffie at their head, attach any obliSa-
tory force to this Resolution OF not? Ii they do
not, why is II introduced? Il is evident that
they do. In what, then does Us o6hgatory
fore consist? Not as an instruction, says Mr..
McDufiie: ''no man of sense nd contend
for this:" But, he continues, II is ios92troEer-
tible ev,dence of the will of the Peopie oil Ken
lucky; and the viii of the People, when asce7'
tanned, must "constitu,ionally'' be obeyed by
the Representative: and thus resolution.
wholly unauthorized by the People, which
would be void and imperative as an lnstruc-
ton, is valid and binding when viewed as eci-
1coce Of oonular will. But the Inherent Uice
in the argument is this: If this Unauthorized
Resolution has no obligatory force as an
instruction it can have still less force as"fnfoT
BE evidence" of the will Of the People. The in
falibility of its evidence, or its being any e'i
dence at all, is the very thing which remains to
be proved.
But let US give to thisResolution all the force
as evidence which Mr.. McDuffie denies TO 1t as
an instruction. What then would be the Prin
ciple necessarily deduced from his own lam
guage? 1t would be this: 81
a Representative in the exercise OF powers
conferred by the Constitution OF the United
Estates, is bound to conform, in all cases, to
the popular will Of Lis State, s. to consider a
resolution, passed by its Legislature, as evil
dence of this will :"
!. By this principle Representative clothed
BY the constitution with the highest powers
aid responsible only for their exercise to his
immediate constituents, must rejecs all the light
of his understanding, and oppose all the die
tates of his Judgment and before he votes; Ito
deliberate is unnecessary must learn the will,
not of his constituents, but the People of the
Stale, and be bound by The infallibe evidence
of this will contained in Resolution passed by
Legislature. who were never authorized 10
express the will of the People upon the subject.
Before we admit the correctness OF prin-
) ciple like this, or attempt to compare 1t with
f. ferfa tued nv h.
eral advocates ofinstructions, it VIII not be inn
pertinent to consider very briefly the nature
and the extent of the obligation which rests up
ON a Representative, vested with Legislative
powers by a written constitution adopted by the
American People, to conform his conduct BY
the dieia, or BY instructions having the force OF
command, Of any others than those 10y whom
the powers have been given.