The North-Carolina standard., 1838-07-04

hostile 10 CTen JACKSON on lnat OcCdSEOn, oAo
held the following distinct language. He said
III is said, that in matters of legislation, it as
n cered question: qohether the representative as
not bound to obey the qciu of has constituents, and
that aanV great and arise men hGce held the
affrmatire Sir, Iqc0WM not gire button toT the
doctrine either tie one aoay or The other, so far
ms reeards its practical utility As to the mere
theo7H cOncefe 1t to genttemen-they may de-
Eght Themselves acih qohaterer theories they
qiease an1ehter imgeniously or inartifcially con-
sfructeA But though the question as to egisla-
ZION may be vexed, gentlemen tell u.s. that in the
business of electing President by the House of
representatives there can be no doubt-the case
in plain Sir. l argue directly the reverse
In the business OF LegiSLatiom the People IN
primary assemblies cannot act at IS constitution
aliy it is phySialiy impossible. There is, there
fore, propriety in a representative government
like ours, that the Legislative body should respond
10 the voice of the People: that as reflector, it
should give back the true image of the Peoples
wishes. But, in the election of Chief Magis-
trate, the People act in primary assemblies.
Those assemblies present the proper and the
best mode in which the election can be made. But
the People having attempted an election in this
mode. and having failed of success, the Constitu
ton brings the election to the House; this House
IS the umpire, the judge on qch0m derOtres me
settlement Of that mOmentOuS question aohach the
=
the aoant ofgreatsr unamimity
'tSir l hope have now succeeded in showing
the fallacy of the gentleman's-pardon me-the
Peoples doctrines of instruction. What, then, is
our duty in the present crisis, and on the ap-
proac hing occasion? Is it to fall into the ranks
Of the candidate, who may happen to be the
strongest? "a very comfortable doctrine, in
deed, particularly TO those who happen to be in
the minority, understandings and conscience
approving we should like to be waited with you
gentlemen, on the strong currents.) Is it to obey
The voice of our States or is to obey the voice
OI our districts2 1t is in my judgment, neither
more nor less than this-To do what is right
according to the best dictates of our own under
standings, and leave the consequences to God
and 10 country.
I'VE have heard, further, and much to my as
tonishment, that the doctrine of the gentleman
from Delaware would not flourish in old England
nay, that it is too strong even for the military
despotlsm of Napoleon. | scorn TO hatter any
man, and am sure that, on this occasion, l shall
be exempt from the imputation of such design
when l say I an atientire listener to the
gentleman from DeIeware, and did Think and
still think that SOunder doctrines or doctrines
delirered acith more PeLLucid cteG1neSs merer
fell from the lips Of any man. than from those of
that dlStIn guiSbed member and did consider
The demonstration by a0hich they arere maintain
I'd precLuded reply; and | am happy to find my
own opinion bolstered and corroborated by an
opinion that comes to me with so much weight
and authority"
The Hpellucid" doctrines of Mr.. McLane, so much
lauded by Mr.. MANGUM, follow in Mr.. McLane's
own words:
MIR. NJ FLAME. of Delaware, said, Il contend
that the immediate constituents OF member Of
the House of Representative have no right to
instruct him in his vote for President, and that
though the opinion of the people OF this Union,
when fairly ascertaned would be entitled to great
weight, it would not be absolutely imperative.
but that the representative should, in all cases.
exercieSe a sound and honest judgment, acknow-
edging only his uterior responsibility"
in whose hands is the sovereignty of this u
Mon deposited? The Constitution supplies the
answer: In those of the People And what is
the Legislative power? 1t is but seminal prin
ciple which fructifes in those enactments de-
nominated Ian. Sir, The writers upon juris-
prudence inform US, that Law is rule of action
emanatlng from sovereign power, commanding
what is right, and forbidding what is wrong
II, then. the People who make the constituent
body, admitted to be sovereign, and each
Representative expresses the sense of his con
siuents upon every vote he may give, in the
passage OF any law, do you no. obtain rule of
action eaanatiHg from the sovereign power of
the United States, and filing up the measure oil
the definition L have just recited2 2'
We now call the attention Of our readers to the
following remarks of MIR. Barbour, on the same oc-
casion, which will show what the true doctrine of
Instruction is, and the respect Representative is
bound to pay to the WiU Of the People.
By adopting the principle of the gentleman
from Delaware, and vesling in this body an ire
sponsible power of selection. you Danish this
great safeguard of the Constitution. Yon force
the election into that small space upon which
full scope is furnished for the operation of these
baneful enemies of our free institutions. Upon
the theory have sought to advocate, in which
members are the mere organs through which
public sentiment is disclosed upon this floor this
great conservative principle is maintained in all
its purity. The honorable gentleman from North
Carolina says that, by this course, no election
could possibly be made. l think differently
lfeach Representative shall here speak the sense
Of his constituents. and that should not disclose
on the ballot majority of the whole, l take it
that his duty would require of him by all exer-
lions to give effect to their will. Should this be
unauainable, and the last ray of expectation be
extngushed in the gloom of despair, he should
cas-! from him the expired hope, and yielding to
he greater priuc;Dle which makes the safety of |