Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-12-08

coe from all the principles OF government, maintained
ana estabishcd concerning the nature OF political
trusts, by the apostle of truth and liberty, the i'm
mortal Locke Blackstone indeed dissents: he denies the
right ot the constituent to instruct tho Representative;
but while the praise OF classic and of legal learning IS
universally accorded him. the Wings of England (who
with u.s. that Government is trust for the be-
neht of the govcrned have uniformly denied the ortho
doxy of his politics. The celebrated Edmund Burke,
man. must be admitted of profound knowledge deep
foresight, and iranscendent abilities, dsobeycd the in
structions of his constituents; yet, by placing his
ease OH the ground that the Instructions but the
glamour OF the day. he seems to admit the authority OF
Instructions sobcr and deliberately given for he agrees,
he ought TO look to their opinions (Which he explains
u mean their permanent, settled opnons) but not TO
the nash OF the days and he says else where that he
could not bear to show himself ga whose
face did not reflect the face of his consuen,s-a face
at ana not Joy In their joys, and sorrow In their sor-
rows 1t is remarkable, that Notwithstanding most
splendid display of and touching eloqnencc, the
people OF Bristol would not reelect Mr. Burke, for this
very offence Of dsobcyng instructions.
appears therefore, that the right of the constituent
England, broad basis of the natufe of
ton The existence of that right there has been de-
onsrated by the only practical evidence, by which the
ed--history and precedent.
If in England, from the days of the youth and nno-
cence OF Parliament while yet the free spirit of her Sax
on laws remained in her original simplicity and purity
from The earliest 10 the latest period of her evenu his
torythrcughout all the vusions and vicstudes she
mas right to instruct their representatives
mas been increasingly claimed by the people, often
cised sometimes formally acknowledged and frequently
implicitly obeyed by the House of Commons; if their
greatest constitutional lawyers, their purest patriots
their able statesmen, and those profound authors who
hrst revealed TO the modern world the of
vernnen have under various circumstances and at dis
Joned periods of time, concured in sanctioning to the
people OF England this great right of instruction who
should presume 10 deny TO the eenen of America the
same degree OF controul their cprese IT, in
England over whose government in its theory and
utmost purity, the People have direct controu
cep In one branch of the Legislature whose system of
representation compared with that Of the United States,
is at best but numerous, open arstocracy-where the
representative is eligible from the great body Of the ma
ton, from the wide extent Of The empire without any
quaiiication or local rssdencethe right of instruction
aS Deeh uniformly asserted ana admitted and enjoyed,
much more unquestonabe is it in the United States,
where the people acknowledged to DO the only legi
mate source oil all egsiationwheTe the representative
and constituent bodies intimately connected by
the Consutution-where be representative
or senator, who shall not, when elected be uhubant
OF the State for which he is chosen.
1t is deeply TO be lanlented that in this country the
coectioh oil thc oPLions oil our own wise, good and
great men: should be- as il is, scanty and
The doctrines of satcsnen deeply skilled in poll
ucai science, and especially in the principles of represent
tat've government have sunk into oblivion, them
selves nave sunk into the grave The voice of our ia
theirs Is heard by their children only in the murnurs Of
ndistinet 'dditon--tat voice which might minister
ight To- oar inds harmony TO our opinions stability to
our principles, and veneration institutions The
authority Of American statesmen in support of the gene
rdlrght OF instruction, though certainly the best
IS The least capable Of distinct citation Happily, that is
not now necessary How generally the right Of instIuc-
ton (as between the People and the State Governments
PaEiculary) has been acknowledged how little question
ed bow often exercised, and how dearly valued in Vr-
gina at least, the memory of every abound
The General Assembly therefore rest satisfied that in
exercising The right OF nsucting tile Senators Con
gress II has advanced novel pretension, it will
presently appear il has made unjust one and that
If example could justify disobedence to such com.
occasion.
To view the subject upon principle-The right of the
constituent TO instruct the representative body
70 result clearly and cODcusvcy from the very
of the representative system. Through the means of
that noble institution the largest nation may almost az
conveniently the smallest enjoy all the advantages of
OF he evils Of
Democracy precipitation, confusion, turbulence, dis.
traction from The ordinary and useful pursuits ofndus
And only TO avoid those and the like mischef that
rePrcse ntaon substituted for the direct surape Of the
people in the Office of legislation The representative
therefore, must IN the of things his own
particular constituents only He must indeed look on the
general good Of the naon but he must look also and
especially to the interests of his particular
Us concerned IN the common weal because the general
good rs but the aggregate of individual happiness He
must iegsaie for the whole nation but laws express
soh5 oil te general WILL and the general will is only the
result of individual Wills fairly collected and compared
IN order TO which collection and comparison 0hat is in
order 10 express the general will, in order make
1t plain that the Representative must press the will
and speak the opinions of the constituents that depute
him.
1t cannot be pretended that tesurcscntot;ve 10 q, he
! the organ OF his own will alone; for then he would
he 30 far desPoIc. lie must be tie organ of otheryof
whom not Of the nation, for the nation deputies him not
out Oh MS constituents VINO alone know, alone have
trusted, and alone dIspace him. And if il be his
province and ms duty IN general to express the will of
ms constituents TO The best OF his knowledge without
ing particularly informed thereof it seems impossible To-
contend, that e is not bound 10 do when he is SO se
cially informed and instructed.
The right of the constituent instruct the represen
ative therefore, il essential principle of the
sentative system. 1t may be remarked that ,beneycr
representation has been introduced howe YER yorab
the circumstance uDder which il existed, however short
Its d1ration however unuporant lis functions howe
yer dnIy understood the right of instruction has al
been regarded as inseparaby incidental it, Not
mention other instances which history affords we are
nioraed that tho pS0curddOfeS members for C1sfc
10 tie CoTcs held at Madrid in tho beginning of fbe
reign OF Charles r., excused themselves from graptino
the supplies he desired because Mcy had yeceired no or
derS from their constituents; and afterwards receiving
press orders not to do il, they gave Charcs fiat denial
The same was The custom IN france before that
was ensIaved The General Assemblies being LAID asidc
Use custom is still ater end Of the seventeenth century,
used IN the lesser Assemblies Of The Suites i'm Louoze
doc and Brs;agac."
1t is maxim Of all goYernmc MS founded on confract
that man BE bound by laws 20 which ne has not iVen
his assent either directly immediately by his Tepre
sentative ar virtually through representatives, cioycn v
same general and local Interests with himself III lie
ght Of the constituent g. instruct The representative be
denied law might be enacicd according 10 all the frs
ct The Coustituon and yet contrary to tho very cx
press VIII Of every iu the community The ndidna
representatives, themselves only excepted If one repre-
sentative may disohey the Instructions of his constituents
the hole representative may dsobcy the whole con
stncnt body. H. then, hw wefc proposed aganst
which TIC nation suemnly and unanimously protested
and Which Use people, with voice instructed i,cip
representative TO oppose; &c Che representative Inigbt
LAWFULLY dsohcy, and should in fact disobcy such I'm.
struction hero wouid bc law binding on the people cn
accd not only without, but directly against their con
sent.
representative has, ndee6 wide field Of discretion