Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-12-30
FOR THE EMO UII E2

The admitted principle, that our systems of Govern.
mcnt, both State and National are founded upon and
must be sustained by the public will leads 10 the neces
sary and legitimate result that all public functonaries
employed in the administration of these governments
must conform their course of administration that will
when clearly ascertaincd. This principle applies with
peculiar force to the immediate representatives of the
the organs through which the public will is express
ed; and whenever Representative ceases to be
the organ OF that will, he conform to
the character OF his Office of Representative for in
the very name of Representatives is embraced the idea of
conformity TO the cW of tie body represented IL il not
my purpose now discuss the right of the constituent
body to instruct the representative for there but few
III this day who will be hardy as to deny directly
and positively If, however, its force be avoided by
tive denial
majority of the people of several counties have for
warded to their representatives in the Legislature of Vr-
gina, positive and unequivocal instructions TO vote
against the reelection of Mr. Leigh the Senate of the
United States Ought these Instructions (he right to
instruct being ADMITTEDLY to be obeycds / should think
they ought, Observation-Disclosures they express the
present existing sentiments of the instructng body-not
their sentiments six or twelve months as,o6ut now
But IT Is objected that the instructions should not be
obeyed on two grounds First, that the opinions of the
instrucng body were expressed at the polls and second
that the instructions have been secretly, unfairly and
raudulcnty procured These objections sustain
able upon principle in point of fact If the expression
OF opinion was distinctly had at the pos should like
10 learn upon tprncpc it Isl that the representative
can hold the constituent body bound by this expression
OF opinion at the polls for day, week. a month or
year. when they had Tor good and satisfactory to
themselves, changed that opinion and required their re-
preventative TO conform to it. If member of the House
ofDelcgates hold his constituents bound for one yeor
member OF the Senate, upon the principle may
hold them bound for four years; a member of the
House OF Representatives in Congress, two years and
OF the United States Senate six years If this doc
trine be true, the constituent body, the admitted pri-
mary sovereign body their right SOVEREIGN
only at polls, and then Surrender il to the repre-
sentative body unchecked and uncontrolled until the
next electionsan idea totally at with every princ
pie OF sovereignty and representative government-In
such case the people, instead ecctng servants or
nd a lnsiv
answer to this objection is that the rght of nsruction
rs only incident to the relation Of constituent repre-
sentative and cannot be impaired while the relation ex
lists At the Posthe question who be the represep
tatve The close ote poll ascertans who the
tive is, and then commences the relation constituent
ana representative, and all the incidents attached TO that
relation. 1t is true that the prevalence of partcular
sentiment may determine the result of an election;
put hat does not determine the right Of the constituents
TO change that sentiment, and with il TO require con-
or on The part of their representative this changed
sentiment if it does should be pleased 10 SOC ,Lc an
toTiy upon which this restriction founded IL the
people are capable of forming opinions the same
capacity will enable them to correct erroneous oncs-sud
ueniy and lnconsiderately formed opinions They are
the exclusive judges, whether they have good cause TO
change or not, and will change their opinions relation
70 men or measures as they please. What power will
conhdently ask can or ought TO control this rioht,
In relation to the manner of getting up Instructions
embraced in the second objection there seems TO me To-
De no room for cay The people, having the RIGHT 10
instruct have just clear and decisive RIGHT t ssc
heIr instructions in that manner which shall seem TO them
noste xpedent and proper The Constitution does not re-
the right to instruct is abiding principle OF
sovereignty which be abolished or inpaired with
Outdestroyng the foundation upon which the Government
rests Inc representative cannot do it, because ne is but
the servant of the constituent BODY TO be controlled bv
and not to control his constituents his own actions arc
10 be controlled by the Instructions and he could with
the same proprety control the instruction itself and d
rect what it should be- direct the BODY which has
right TO instruct him, how and in what the in
sTucton shall be given The only fact which the repre-
sentative ought to know the instruction oiven the
act OF moortyo his constituents? If it IT, Obedience
should be necessary consequence Instructions fraud-
ienty obtained, ought not TO be obeycd But it is no
part OF the duty Of the Representative 10 presume fraud
and throw the burden of proof upon the Dsructing ma
JVrly. Inc proof should como from those impcachng
the obligation of obedience to the instructions fl would
certainly exhibit handsome spectacle when The people
nave instructed their representatives. before they can
command obedience, they must themselves with
proofs TO satisfy their that they have acted fair.
~ This proposition is too monstrous to need serious
Iel9,aon lhe representative is the guardian of tho
rights, but not the intelligence Of the people If he is
he government though in form democratic is essen
tally and substantially arstocratc
The circulation of written memorials au,oup the neo
pie isn my humble opinion the most deliberate and the
most respectful way in which instructions can be given
unless ndceq, the slang Of heated dcmagogues and
he c1citcd defamation Of stump orators have more
virtue in calming the public mind and convincing the
Judgment OF the people than opprehcnd they have II
has been the customary mode pursued in relation to nc
u9ns, memorials and Instructions since the foundation
OF the government, and nothing but disposition to find
soine plausible pretcxt for violating this vital principle Of
tc sovereignty OF the people, raise any objection 10
TINS mode, now. What If here and there an individual
OF two have given certificates that they were imposed
upon This amounts tonothng compared with the great
mass o. Instructions and 70 my mind offers conclusive
proof Of the intelligence with which the nstr,ctons
were signed or more certificates would have ocen got
up thin have been. The idea that these instructions
could be secretly circulated, when signed by 80 many
respectable and intelligent men, rather too ridiculous
70 be seriously considered
have hastily thrown together these views Of this i'm.
Portani subject for the consideration of the pcopo Of
Virginia ! could wish that The subject would occupy
the thoughts and pens Of our hbcst Statesmen and most
nYegcq0mPronisng friends Of Republican government
If a the charges which have been made against (ooet,
Jockson In relation DO On. rnlno.nl of IN. 1uLl. -.