The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-03-03
THE pocrnryr OF rNsrnrcrIoS.

tor, under positive instructions, and under a
mere expression Of Legislative opinion, or a
mere request. The fact that the Legislature
declines to instruct, proves conclusiyely that
they did not intend to exact absolute obedl-
ence." This position, we think wholly UNI
sound and indeiensible, the premises are erro-
neous and the conclusions false. II the doc
trine Of Legislative instruction is fundamen-
tai article Of the Republican faith" and we
will be the last to question it--then, we think,
that g the duty Of the Senator under positive
instructions, and under mere expression of
Legislative opinion" Is substantially the same.
/" Positive instructions" are nothing more than
"the expression Of legislative opinion = they
are the emanaton Of the same body for the
same object, and the mere difference of tech
nicaty does not vary the object and substance
of the legislative will.
The duty of the representative Is to carry
out the viii Of his constituents, and when that
will is expressed by "opinion," It is as en-
phatic in its obligation as " instructions" and
no sophstry can escape from the conclusion.
We therefore think that the Senators from
Ohio and New Jersey are as imperous'y
bound by every principle that can operate to
influence the duty ola representative, as that
which has been bowed to with Difference by the
Senators from Tennessee and Pennsylvania.
Lawyers may resort to special pleading, pro-
iessional ingenuity may try to make the worse
appear the better cause, and casuists may work
through the mazes ofsophistry to effect spe-
cious pretext; but to this complexion must
they come ut last either to obey the declared
will Of their constituents, or, to disregard it
and represent their own will which will be
virtual Reputation Of the Republican doctrine
Of instructions,
In Virginia, where the doctrine Of instruc-
tons is as scrupulously observed as in any other
state Of this Union, the Richmond Enquirer,
one of the Oldest and most jealous champions
of the doctrine, thus treats the subject in one
of the last numbers-'.How can Messrs. Wall
and Morris vote for il, (the Sub Treasury billy
in the very face Of the declaratory resolutions
Of New Jersey and Ohio True, they are
not in the formal shape of Instructions but
they are virtually, to all intents and purposes,
the Instructions Of their respective Legsla-
lures"
If the doctrine be sound, the obligation to
respect il rannot vary by being declared either
by a Republican or Wing Legislature.
So obligatory did Gen. jackson consider
the mere implied expression Of the constituent
opinion, that he considered his reelection,
with his known opposition to the Bank Of the
United States, as obligatory for carrying out
that opposition; which he did, and in obe-
dience TO that implied opinion though SO equi-
vocally expressed. The Globe took the same
| ground in vindication of Gen. Jackson's
course. This was carrying the involved prin-
ciple Of instruction as far as ingenuity could
invent.
II this weak point could be defended as OBJ
ligatory, with what consistency can an apology
4 be offered to release the Senators from New
Jersey and Ohio from the strong injunction Of
Legislative opinion in reference to their course!
The Globe has heretofore used this Ian
suage. i" Mr.. Leigh knows full well upon
the theory of representative government, if
each representative Of the several States, votes
the will of his immediate constituents, Qhe
| majority of the whole controling,) makes the
| result in every case, that intended by the Con-
stituton, viz lat the public opinion of the
i
Union, ascertained by the majorties in its re-
spective representative bodies, shall rule
| And again it said, " those who hold that the
| agent is morally bound to obey the will of
those constituting him their representative, do
not admit disobedience' and violation of du-
ty." 1.-THE moral sense of men, who have
character to command the confidence Of the
people, or Of the General Assemblies Of the
States, is relied on to secure compliance
with the representative princple." Al another
time the Globe held this opinion. /" 1t would
be an anomaly, indeed, if the representatives
should be instructed with the power Of repre-
senimg the State in choosing its Senator, but
should be considered after the election subor-
dinate 10 the individual so chosen; his decla-
ration Of the will Of the people being held SUI
perior to that expressed by their immediate
representatives, the constituent body appoint
inn the Senator" It's useless to pursue the
Globe further with its own weapons. 1t was
right then, it is wrong now.
But we beg to refer the Globe, and the
/ W Al.