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

coie from all the prime Plies OF government, maintained
u eStol'shcd, concerning The nature of political
us,s oy The apostle Of truth and liberty the I'M
mortar Locke Blackstone indeed dissents: e denies the
VI te constituent to instruct the Representative
w: WINE the praise of classic and of legal learning IS
universally accorded him, the Wings Of England (who
concur with us, that Government is trust for the be-
neh OF The governed have uniformly denied the ortho
ooSy OF his politics. The celebrated Edmund Burke a
man, 1t must be admitted of profound KNOWLEDGE deep
foresight: and trunscendcnt abilities disobeyed the in.
stfuctions OF ms constituents yet by placing his ex.
cuss on The ground that the Instructions we're but the
GLAMOUR OF the day, he admit the authority Of
instructions sobery and deliberately given for he agrees
lie ought TO look to their opinions (Which he explains
70 mean Their permanent, settled opinions) but
Tie Hash OF the day; and he says elsewhere that he
could not bear TO show himself representative whose
race cid not reflect the ace Of his CONSTITUENCIES face
ha oid not Joy IN their joys, and in their
rows 1t is remarkable, that notwithstanding most
sPenold display OF warm and touching eloqnence the
people OF Bristol would re-eect Mr.. Burke for this
/ very offence OF dISobeyi ing instructions ..-.
IL appears therefore, that the night of the constituent
20 Instruct The representative is firmly established in
On Line broad basis of the of representa-
om Il ne existence OF that right there has been de-
o"suatcd ny The only practical evidence, by which the
Pt"cp.s OIL an uwritlen constitution Gun be ascertain
/ cd-i!sory and precedent.
II IN Eng and from the days of the youth and limo.
cehce u farIianen while yet the free spirit of her Sax
on laws remained in her original simplicity and purity
from the earliest to the latest period of her cventfu his
tory-hrongout all the commissions and vcisstudes she
has rgoncIe rg ht to instruct their representatives
has been increasingly claimed BY the people often exe1
cIsrd sometimes formally acknowledged and frequently
implicitly obeycd by the House Of Commons; if their
greatest constitutional lawyers, their purest patriots
their able statesmen and those profound authors who
St revealed 10 the modern world the OF 60
vrrn!ncn have under various circumstances, and at dis
Juinled periods OF time. coucurcd in sanconng 10 the
people OF England this great right of instruction. who
son!a presume to deny 10 the recmcn of America, the
same degree OF conroul their representatives IT, in
LII in ItS nj
utmost purity, the People have direct controul,
crpt in branch of the Lcgsature-whsc system of
representations compared with that Of the United States,
is IL best but numerous open arlstocracy-w the
representative is eligible from the great body of the
ll,n from the wide extent of The empire, without any
qualification local residence-t the right Of instruction
has been uniformly asserted and admitted and enjoyed,
much more urgueSt!onabr IS II III the United States,
where the people acknowledge to be the only egiti
mate CT all observation-disclosures the representative
and constituent bodies more intimately connected by
the Consltuion-wheTc can be 4 representative
SENATOR who shall not when elected, be inabans
OF the State for which he is chosen.
1t is deeply to be amcnlcd, that in this country. the
collection OF the opinions Of own wise, good and
great men, should be, it is, scanty and
The doctrines OF statesmen, deeply skilled in poll
tcal science and especially in the principles Of represent
tllVe government, have sunk into oblivion, them
selves have sunk into the grave. The voice Of ia
thrs heard by their children only in the Of
lndiSnct tradl!ton-llIat voice which might minister
light 10 our T!Inds harmony TO our opinions stability to
princpl,s and generation institutions. The
authority ut American statesmen support OF the gene
RAJ right Of Instruction. though It certainly the best,
The least capable Of distinct citation. Happily, that Is
necessary. low generally the right OF instruc
ton (as between the People and the State Governments
naTlicuarlvA hae hsnn ..L n-ide,i, L--- l:.~i
cd vi,on exercised, and how dearly valued, in Viz
gna a, least, the memory oil every man must abound
with proofs.
The General Assembly therefore rest satisfied that, in
exercising the eight of lnsttuctng the Senators in Con-
grrss, it has advanced novel pretcns!on as 1t will
presently appear il has made un ust one and that,
II example could justify disobedience to such COM
mand, that Justification is wanting the present
! occasion.
To view the subject upon princple-The right Of the
constituent 10 instruct the representative body,
to result, clearly and concusvey from the very nature
OF the representative system. Through the of
that noble institution, the largest nation may, almost
conveniently the SMALLEST enjoy all the advantages of
Government by the people, without any Of the evils Of
Democracy-Pr Pitaon, confusion, turbulence, dis
traction from the ordinary and useful pursuits ofndustry.
And it only 10 avoid those and the like mischef, that
representation substituted for the direct suffrage the
people in the Office Of legislation. The representative,
therefore, must the nature OF things represent his own
particular constituents only He must indeed look the
general good Of the nation; but he must look also and
especially 10 the interests of his particular constituents,
concerned IN the common veal; because the general
good is bu! the aggregate OF individual happiness He
leglslate Tor the whole nation nut laws express
OF the general WILL and the general vii! is only the
result of individual wills fairly collected and compared
III WHICH CO!eClloH (ti!aL 49, III
order express the general will, in order to make awsD
it plain that the Representative must express the Will,
and speak the opinions Of the constituents that dcpuIe
him.
1t cannot be pretended that Representative is 10 be
the organ Of his will alone; for then he would
be far despotic lie must b. the organ Of oters-of
whom; OF the nation, for the nation deputies him not;
but of his constituents, who alone know, alone have
trusted, and can alone dispacc him. And if it be his
province and his duty, in general 10 express the will of
his constituents 10 the best Of his knowledge without be-
ing particularly informed thereof il impossible to
CONTEND that he is not bound do when he is pe-
cially informed and instructed
The light Of the constituent instruct the represent
ta;ivc therefore, essential principle Of the repre-
sentative system. 1t may be remarked, that whenever
representation has been introduced, however unavorabc
the ccumst under which It existed however short
its duration, however unmporaDt its functions, howe
yer dnly understood the right Of instruction has always
been regarded insepaaby incidental to it. Not 10
mention other instances which history affords we are
informed that the procuradores members for CASTLE,
in the Cortcs held at Madrid, in the beginning Of the
reign Of Chnries T., excused themselves from granting
the supplies he desired because they had rcceiced
Gers from their constituents ami afterwards receiving
press orders not to do it, they gave Charles fiat denial
The same the custom IN France before that country
WAS enslaycd The General Assemblies being LAID aside
the custom is still alter end Of the seventeenth century,
used in the lesser Assemblies OF the States in Langut
doc and BrcdyRc.
It's maxim of all governments founded on contract
that no man be bound by laws 10 which he has given
his assent either directly Immediately by his repre-
sentative virtually through representatives. chosen by
his fellow Citizens, amongst whom he dwells having the
same general and local interests with himself If the
right Of the constituent 10 instruct the representative be
denied Law might he enacted according to all the forms
Of the Constitution: and yet contrary to the very
press will Of every in the community, the individual
representatives theniscyrs on excepted If one repre-
sentative may dsobey the instructions of his constituents
the whole representative may disobcy the whole con-
r,ituent body If, ticn hw we've proposed, against
which the nation solemny and unanimously protested
and which the people, with voice, instructed their
representative to oppose if tie representative might
ia1rfuuy disobey and should IN taet disobey such in