Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-03-12

IL is worth while MIR. Speaker, this
poin-the evidence of insiructon--to consider for a
moment the duties of Delegate relation TO it. TO see
how far these duties extend and where they stop That
the right TO instruct comprehends the further right of
selecting such mode do the peases
Isl proposition VIII CHI will be taken established if not
admitted This right, too, complete il excludes all
interference and participation, Just the perfect right
OF an owner of private property excludes every other
right to 1t and every other power discretion it,
deprive another of the ben fit OF any decision, which
1t Is competent in that other make This will
be conceded. But the Delegate claims, and claims with
proprety to determine for himself upon the facts
instruction; he claims TO determine, in n given case
whether he has been actually instructed not whe-
tlcr this or that party of his constituents ounumbering
the other have best established their right his obcd-
ence II is his right and his duty divided people
To make the Investigations necessary 10 this purpose.
Bound by ms representative position carry effect
the commands oh constituents give his place to
who will il his business and DUTY when these
constituents differ with another to sustain the COM
niands OF that party OF them which itself sustained by
the majority of numbers Now here IL is nj this pont
said Mr. McD here in this admitted duty of the delegate
that we had the orgn he thought of much erroneous
and dangerous opinion upon this subject-opinion the
error and the danger oil which, consisted in its giving
expansion To this duty, which was, in respect con-
sstent with its qualified and limited nature, and which
wento invest the delegate with power the declared
VIII oil ms constituents that was little ifany, short of
power of dspensation. This duty, he thought COM
pretended nothing but matters of fact in the strictest
sense forbdding every thing beyond But even in this
hight and under this restrictions 1t may be duty not al
ways easy to discharge may which other
questions OF TACT than those merely of numbers in
volved. Take an example-The authenticity of the
lists communicated to a delegate those reporting the
number who attended public meeting or those report
ing the signatures subscription paper is denied and
the reports declared 10 be untrue. 1t charged roundy
and expressly that many instances of imposture
found IN the instruction papers, OF one kind
OF another that they the work of mischievous dis
honest or corrupt persons, who intended to palm them
oil upon their Representative Ii charged that some
OF the names by which such paper purports 10 be au.
thenicatcd are forged, that the genuine
but that the instruction matter to which they are APP
pended, is forged, Or that the whole is forgery When
such charges made TO Delegate, what is his duty?
Unqucstionaby to investigate themto probe the hso-
ry OF them as lar rs he do IT. and ascertain what
the true state of the facts This is obvious and i'm
perative justice lie cannot do less, and do what
justice and truth and representative obligation require
OF him 1T is his part, to clear his lists of in
struction of those portions which false-to cut
them away as rotten portions from the sound but
to take care that he docs it upon such testimony
as shall be explicit ample, undoubted, and such would
be admitted by every impartial mind to be satisfactory
even though should he unsustaned by the ormaty of
an oath. To forbear investigation into falselood
fraud when charged upon the very command which he
admits his obligation to obey is virtually participate
IN ihe they exist and to participate in them in prn-
ciPal degr by voluntarily giving them effect The spirit
to and the force of that very principle which binds him.
as leprcsc NATIVE, to submit to the Will of his const
tuents binds him also TO resist the false and
felt presennent of that Will Here, then, without go-
ing into any particulars have the general ground
OF Representatives duty this subject of evidence
lie IS to compare opposite insruc i>ns when there
are such, with reference to their relative numbers
that those ofhc majority may govern; he is to ascer-
tain the genuine instruction from the false one by sepa
rating from the names the which shall appear
enty associated with it, This done, all is done: he can
not any farther there is nothing left for him to
do, but to obey resign he is obliged to receive posi-
i've instructions every thing which is not false IN point
81 tact. He cannot lift the veil which conceals the act
from ITS motiyes--thc instruction from the which
drew u forth or which support III he cannot scrutinize
the arguments, nor the Persuasives sit in Judgment
upon the views the objects, the intelligence of
his constituents His business not with the Justice
nor with the truth of their opnion-whethcr il be found
ed upon full materials, upon fewer materials than he
might consider as Observation-Disclosures il he of more weight
as bV I'm know ed or 10
understandngbu his business OF fact exclusive
y and is limited to the single enquiry of what that OPT
mon is. Whenths enquiry is answered his investigation
is at an end, and his office, if used Alright becomes the
channel through which this ascerlaired opinion is be
conveyed
Such, said Mr.. Med. seemed to him TO be the lust
limits OF representative duty, upon this point But
idea had been thrown out here, former occasion,
chow extensively entertained, he could pretend 10
sayO which, if he understood it, would carry the OPT
Mon Of Representatives duty and power much farther
than this and would require If acted uDon that the obi
cation of an instruction. before it is good against dele
gate should be made out upon precisely the grounds
those upon which the obligation ola moral truth must
be supported. According 10 this idea, an instruction
must import something than the of the peo-
pie, as they themselves in the habit of avowng it,
1t must import that sense as proceeding from maturer
thought and from greater deiberation than customary
with themit must import il deliberately expressed
upon full knowledge, upon full understanding, and
upon FULL calm, and impartial review of all the matters
and circumstances substantially connected with the SUBJ
jet to which the instruction relates. This to be
taken rs the only Just ofthc people, and the nsuc-
ton which is founded upon il, the only proper and
authoritative instruction. ltollows from this of course
that every thing not consistent with this full Of
mental fairness and reflection is Impeachment
only OF the moral worth but of the positive force Of the
instruction itself H. therefore, it should appear
from the acknowledgment of the persons concerned,
but from the circumstances under which insruc-
ton is bad, that it may have been, and perhaps was
| obtained upon partial views of tho case upon an
imperfect knowledge Of it, upon considerations and
under Influences, neither wholly relevant wholly
propcr--or indeed Otherwise obtained than upon the
fullest faircst, and most unprecedented deberation,
then is the instruction such an one, as docs not
proceed from that clear and Just sense of the con-
stitucnt body to which aud which only, the alle-
glance of the representative is held to be due Bound
TO obey other ban this he look it, that
other shall usgrp its aud authority. Now, if
this general idea be correct what results? Why this.
that the representative and the voter as to deter
declares il, is his true will it is, the repre-
sentative who is to determine when instruction
bodies knowledge and dclberation enough make il
obligatory; c is u.s. who to be the Judge in the case
and who is say upon his views whether all the
circumstances considered certain act Of his cOnsu-
cnls though il be the highest within their power, shall
yet be admitted valid and one which ought to
bind his obedience
Trace out this idea Sir and this is the result When
you give to the representative the power Of deciding
what shall be shall not bc dcred authoritative
instruction. according to his acccptaon Of it, you give
to him. in effect, the power of scEabsolution You al
ow him to exclude every single act Of instruction, which
he may choose receive coming within the scope
of proper recognition Show him your lists letters
Of instruction, and he may, nj once, absolve hmsef
, from al ob dicnco TO them this very ground He
may reject them, because ne thinks, they bctokcn
haste privacy, arcc, cXp1ite views, errorshccausc,