The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1839-03-09
THE VOICE OF FREEDOM.
MONTPELIER. SATURDAY, MARCH 9, $780,
The Doctrine of Instruction.

In previous number, the Mercury characterized
all such instructions as extra-legislative, and as
transcendng the legitimate business Of legislation:
in short it was urged that such instructions should
be regarded only in the light of advice. In dis
senting from this doctrine of the Mercury, we in
sisted that the right of instruction was necessary
incident of sovereignty: that wherever the sover-
egn power resided, there existed the unsurrender-
ed right of instruction upon all legitimate subjects
of legislation.
In the rejoinder of The editor of the Mercury
now before us, we are rather surprised to meet
with some admissions which furnish very good
arguments in support of our position, but, in spite
of which, the Mercury still clings to his light Of
advice doctrine. ThS editor says,
Our servants, the officers of government in the
different departments, are frequently charging each
other with assumptions of authority and gross
usurpations. In settling these squabbles, it be-
comes us, and might occasionally become them, to
recoect few first principles, which would much
aid in the result. One of the most ordinary and
well acknowledged of these principles is this, that
the sovereign political power is IN the people, who
still retain all of that power, which they have not
by the constitution, delegated to their servants the
officers of the government
1t is admitted, then, that the sovereign politi-
cal power is IN PEOPLE, who still retain all Of
that power, which they have not, by the constitu-
ton delegated to their servants, the officers of the
government This accords with the 9Th article of
the Bill of Rights, which is itself part of our state
constitution, and which declares that THE PEOPLE
of this state, by their legal representatives, have
the sole inherent, and exclusive right of govern.
ing and regulating the internal police of the same
This article has reference to state legislation it is
true, but it shows with what jealousy the trainers
of the constitution guarded the doctrine of the peo-
pies sovereignty. In Art. 6, Bill of Rights, it is
further declared, That all power, being originally
inherent in, and consequently derived from THE
PEOPLE, therefore all officers of government, wheth
er Legislative or executive, are their TRUSTEES and
able to them. The same important principle is
again recognized in the constitution, Sec. 49, All
commissions shall be in the name of the FREE
MEN of the state of Vermont &c. In the first en-
acting clauses of the statutes for several years a
ter the adoption of the constitution, THE FREE
MEN of the state of Vermont were placed in the
first rank So, also, in all the town charters, THE
PEOPLE are invariably recognized as sovereign
On the naked doctrine of sovereignty, or souer-
eighty in the abstract, then, we have no dispute
with the Mercury.
The editor further says,
All officers of the government are within their
jurisdiction and power, the representatives Of tile
people. 1t is entirely immaterial whether these
officers are appointed directly by our own votes or
by the votes of others, to whom we, for our con-
venience, have delegated the power of appoint
ment. Whenever and however appointed, they
are the servants of the people and to perform their
duties by the constitution and laws.
To this we make no objection, only it is to be
that in the event of conflict between
the constitution and laws the inferior must yield
to the superor-the constitutional law, being su-
preme may not be superseded or nullifed by leg
islative enactment.
1t is not pretended that the power Of insructing
Senators has been in form, delegated TO the legis-
ature. 1t is to be regarded as an original, unsur-
rendered right of the people-coeval and cock
isteht with their sovereignty. In the absence Of
any prescribed constitutional mode for its exercise
it may at least be asked, whether the sovereign
may not elect its own mode of declaring its will,
and whether an avowal of that will is not of ITSELF
a tacit delegation of power. right to command
implies corresponding duty to obey. Rights and
duties do not war with each other. The consti-
luton regards all officers of government whether
legislative or executive, as trustees and 8 SER
wants of the people. These relations, in effect,
cease to exist at that moment when the trustee or
servant assumes the responsibility of dsregarding
the known will of his constituents
The people are not infallible. They may mis-
lake their true interests; but that is their affair.
-
Fair Warning!
Doct Haynes, a Representative in Congress
rom Georgia, recently made the following avow-
ii at dinner table in Washington in the presence
mi .