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

in their name by any legislative oouf,o
individual presuming TO speak IN their oe"al'
is the most dangerous OF all usurpa''o"'' ""N
deserves the severest apprehension. -
Independently OF these objections 10 az NJ
struc,ions. or evidences of implied Instructions
smana,nr from legislative body 10 whom the
peopIe have never delegated the power o. a''
rectinp other CO ordinate agents, upon suo]ecls'
too. specially con6ded to these co'oralna'e
gents, the fallacy Of The arsumen! rehea upon
by the prosecutor, may be demonstrated
"No man Of sense" says be, ever coh'enoeu
that The resolution Of the Kentucky Lee's''
lure was binding as all instruction upon ihe'''
beers Of Congress" c
How then was i, binding? "lhe frlcnas o,
& General Jackson, he observed, only con'e"u
f" Ina, this resolution, considering tue u"'"''''
I" j,v and other circumstances OF Its Passasc'
{" furnishes positive, clear, and incohtfo'eru'
|" bic evidence Of what was the VIII oil the REQ
" ple of Kentucky on the subject oil that resoiu'
:. ton" BY this mode of reasoning, resoiu,
zion is at the same time binding, and n0f org
ing II is moi binding as an Instructors ou, %
binding as an evidence of implied Instructions,
With equally sound logic, and equal goou
sense, nigh, gentleman say 10 his nel8n"o.'
sir, the fee simple estate in your family ihhe.i'
lance bein,r vested in uov il would be the helSh'
Of folly il should attempt 10 convey or mort
| n,pa i, in your name But TO obviate this littie
! difficulty, am informed by great consu'u-
lional lawyer, that may, by all instrument III
nv own name, aud under my own hand ana
seal, mortgage or dispose oiit; and that 'his
nv own instrument will be considered, III any
! court Of justice, as "lncontroverllOle evidence
| of my having acted in conformity 10 your I'M
pTed inst uciiOs, and will be sufficient 10 diNest
IL, ali hon oh mn
lille viii prevent me from conveying 10 anoth-
er, in nv own rigE,, Wild tile 10 your estate,
| a,ay vet do the same by protesting to act in
your name, and in your behalf; notwiths'and-
! ing NAV have received no authority from you
to do So Genlle!ncn, need not observe to
you, tina, if the opinions Of this constitutional
LAWYER should be established, The only tenure
by which we would hold our freeholds, would
be the tcE Of all who might desire them. And
surely our political ihherltance, the Inherent
rights and liberties Of the People, ought 10 be
brzed as highly, TO lie As secure from INVASION,
and lobe held by as firm a tenure, as the most
valuable of our earthly possessions.
A doctrine like this carries on its face its own
refu,aion It's attended, more over, by an al
di,onal absu?dity The implied instructions
of the constituents, issuing through legs'a-
tive ody, may, in the judgement Of the Repie'
sentative, be directly opposed TO implied M
structons emanating from the constituents
themselves; indeed may be opposed TO ac'ua
instructions which the constituents may have
given. If the former be binding, the other, a
foyf,or, must be- BY thls doctrine, therefore,
the Represenlative would he subjected 10 ~
ranry more cruel than military despo,ism tie
would be compelled 20 conform, a: rhe same
time, 10 instructions wholly Incompatible with
.l
meul was inevitable. He would be placed IN
circumstances noi less critical than those frtm
which The spirit OF the age, IT not the humani-
tty OF our ia vs., has rescued those who were for
merly accused OF witch craft, or other imagi-
nary offences. They WE'RE COMPELLED TO
PROVE THEIR GNHocENcE--and in way not like
ly, | hope, to be introduced IN our Time; though
TO confess the truth. we have seen the principle
recommended by high authority" The SuS-
pscied cuipri, was thrown into the flames. II
he persisted, it was proof incontrovcr,ibe of his
guilt: Tor Heaven had not iH.erposed IN his be-
bait. If he remained unhurl;-a thing, 10 be
sure, 10; likely 10 happen, considering the num-
Der, the power, and The disposition OF his &C
cusers-what greater proof could exist, Of his
communication with evil SPIRITS and he was
condemned "forlhwith" 10 be hung, or to be
shut. II the Representative disobeyed his con-
SlltutntS, ne would De dismissed from thtlf SER
!. vice. If he disobeyed ;he Legislature, he would
be accused of Inconsistency with principles
which he never a,owed, and Of "treacherously
violating his Constitutional obi gation.'t
On are,iew Of the whole subject, am in
struc,ed 10 announce 10 you, Gentlemen Of the
Jury, the unanimous opinion Of the Court, that
the Prosecutor has failed in establishing his
charge. We are of opinion tina, Resolution
passed by a Legislative body, acting without
expr SIS authority from The People, is no evil
dence Of implied instructions from the People
residing within Congressional District. Tie
Prosecutor has wholly failed in showing the
existence Of any instructions whatever, express
or implied; and, without noting other grounds
OF defence, it must follow, with the certainty Of
mathematical demonstration, that, if there
were no instructions, The accused cannot De
Justly charged with inconsistency in not having
coniormed 10 them"
Gentlemen: am well aware that, in the con-
sheraton oil the points which have been raised,
have permitted my observations 30 take