Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-02-11
FOR TTIE ENC UIkEN
THE DUTY OF A SENATOR.

lhen Du duly revised and wisely regulated. a. i.
FOR TIE ENQUIRER
THE DUTY OF A SENATOR.
An assertion ola truth, in expressive terms, is more
apt to carry conviction to the mind that is not Infatuated
10 close reasoning, than argument, however cogen IN
calculation of that truth. Hence it very often adopt
this style, when wish 10 convince, and do not presume
to dictate. And what variety and innlty of truths
are there the clear assertion of which is their very best
exposition and dcfence!-Wh this remark, will again
adyerto the duty of an instructed Senator in Congress-
Would it not be grossly insulting to honest and intel
gent man, TO tell him. that in his phcI-
ty lie has violated the Constitution ohs State that OF
the United States? Aud why would it insult him: Not
certainly because he is advocate Of that form OF Co.
vernment which is established by the Constitution; for,
he may not be advocate Of such form Of Government
in preference any other and nevertheless, the ascrp
ton is not the less certainly insulting. Why then IS
he nsulted Plainly because the ascrbed violation OF
the Constitution implies violation Of his oath-lm.
pules san act OF moral turpitude.' 49,
Suppose the honest and intelligent is told
that he has, in the discharge Of representative duty,
been guilty Of an Of moral turpitude Suppose he
is called in the for renewal Of the trust to
defend himself against the charge OF having committed
the Of moral lurpude In such Case where is he 10
look for The from which bring forth to- the view of
Others the evidence, besides his proEestaons that he
has committed act ofmora turPudc: AT once, he will
refer to tho Conslutlon-and TO what end? To show
that he has not committed the 'act OF moral turptude
No; but 10 show he has not committed "a violation of
the Constitution and therefore, that he is not guilty of
act DONE in his opinion founded on the chart Of his
preventative powers. But suppose he is not sustained
by the just constituent body, the People, and other
question involved in the election and he is equal to
his competitor, who differs from him in this but is equal
him all other respccts-can it be fairly commended
when he is thus defeated that he is not pronounced gull
~ OF "a violation OF the Constitution Surely not;
for, though THE CHARITY OF sDriDuALs III view oil the
general rcctitudc OF his conduct MAY acquIt him OF moral
turpitude in the act BECAUSE in hes opinion Is viola
OF
the collective will of the constituent body he will stand
convicted before the great tribunal OF public opinion, OF
ga violation OF the Constitution, ntrrtlng moral turpl.
Jude And why IS 1t reasonable and just that he over
mastered BY the elective power for dong act which, in
his opinion, does violate the Constitution Why is
it rnhl that the collective will Of the constituent body
the constitutional question: shall now prevail over his
opinion when he formerly ''sccccd Tor superior
virtue and intelligence Lei the sentiment Of the Re
port of 1872, give the to these Gucstionst is
reasonable, Just and right, in all conflicts Of opinion
occurring between the constituency and those though
the eminent in it, who offer 10 represent the rest,
that the elective power shall prevail, because 60
ycrnncnl is trust for the benefit of the governed and
ia greater of wisdom and virtue resides in the
sucn body, than the utmost portion allotted 10 any in
divdual.'
Now, transfer this reasoning from the elective power,
to the subject Of Instructions The constituent body
Sructng pso ucto declares the instructions 10 be
constitutional and when it is ''actualv given, the
preventative sincerely entertains the opinion that he is
instructed TO support which violates the Con-
suton and that tile constituent body o! course, has
violated the Constitution, by giving the Instruction.
which prevail in tho councils OF the State the opinion
of The constituency, that the instruction is constitutional,
the opinion Of the representative, that the instruction
is unconstitutional Clearly, the opinion OF the con-
surncy should prevail. And why Because "govern.
is Il tor the benefit of the governedj and
therefore, when there conflict Of opinion is not al
lowablc that tho representative shall bc the organ Of his
own will But, why shall it not be taken for granted,
that the opinion of the representative who was elected
,pt,n I pyn.
cued would rebound to 'te benefit of the repre-
scented, than their own opinion carried into effect /?
Let the Report Of l5l2 give the answer:-Bccausr
i, is taken for granted that Ia greater mass of wisdom
and virtue resides in the constituted body than the ut
most portion allotted any individual" And hence i,
is reserved TO the constituent body to be the Judge of the
cunsttutionay of instructions; and as to the represent
tatve and his constituents when the INSTRUCTION given:
ipS0 tuct0 it is constitutional There Is umpire be-
tween the parlcs-tc constituent body has acted and
with more virtue and wisdom than be presumed by
Others much less by himself TO be allotted to the repre-
scnlavehc cannot appeal to any tribunal superior to
the authority OF his constltuenls-Ihey created hun their
ageni-lhey have expressed to him their WILL and he
be the organ OF that will else become DEsroT,
by being the organ of his will. Now, apply this
reasoning to the case OF Senator in the Congress OF
the w. States instructed by the Legislature of his State
And strictly applicable TO Senator elected by
Legislature, it to representative elected by the pco-
Pile: Let the Report Of 1912 the answer, TO ,c
The right Of the State Legislature 10 INSTRUCT It's Scna-
the State Legislature is clothed with the general al
tributes of the State sovcreig nty the instructions
from the CONSTITUENT LEGISLATURES to their Senators in
Congress, public acts, within the sphere OF that Por
ton of the State sovereignty not retained By the people,
delegated by the Constitution Of the U. S. to the
General Government but represented and possessed by
the State Legislatures. Them this point for the present.
is sufficiently fortified to ac-that the State Legislature
has the right to instruct its Senators in the Congress OF
the u States Then is not the reasoning which saPpca-
BILE to tho conduct of representative elected by the
people, and subject to be instructed by them, all points.
either constitutional or polite, as strictly applicable to
instructions given by the Legislature TO the Senator
constitutional points, it to instructions given by the
10 the Senator, matters of policy Let the Re-
port Of 1912 give the answer In view OF its arguments
and the authorities cited the Report asserts that there
is IAN end also 10 that distinction which has been III.
sisted on between instructions constitutional points,
which have been said be obligatory Senator,
and instructions matters of policy, which are allowed
to he obligatory. On the contrary, 1t would appear,
that if there be any difference in the obligation OF such
instructions those Of the former description arc Of Tho
stronger obgaon since the infractlon oil the bond OF
Union gives the States The strong ST clam TO interfere
though measures Of evil policy might be ATTEMPTED,
which would equally eopardize the independence pt ALL
and consequently the happiness of each as any violation
Of the Constitution.
Thu, this point is expressly established by the Report;
,oit that instruction constitutional point given
by State Legislature, obligatory on the Senator IN
Congress- Icust whenever there is question as TO
the cons,itutionay of the instruction This point,
say is expressly established by the Report Now, sup
pose the question of the consttuonaty Of the nsruc-
lion actually given" by the Legislature, is raised by
the Senaor-tha he objects that the instruction has no
obligatory force, BECAUSE in his opinion it violates the
Constitution: Which is to prevail, the opinion OF the
Senator, that the instruction is unconstitutional or tho
opinion of the constituent legislature, that the IN
struction given, ipso facto: is constitutional? Here,
too, the sentiment Of the Report answers, that me
opinion Of the Legislature mast prerait-and 1chy;-
Because Government a trust for the benefit OF
the governed;' or in language better suited to our
system, because delegated power is revocable trust