Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-11-18
the RIGHT OF INSTRUCTION.

We find ia the Savannah Republican,
a paper distinguished for the ability and
genilemaniy propriely OF lis editorials
the annexed remarks on an important and
much misconceiyed right in our Republi.
can Polity:
In the organization Of the American
Senate, one Of the chief objects aimed al
was TO secure its members by their term
OF office from the influence of popular ex-
element, and from those temporary effer.
vescences which arise in cases which are
not Of permanent character. The Sem
ate was organized, too, with view to the
political equalization Of the States, there
being two Senators from the small as well
as from the large States. One Of the
writers OF the Federallst says, +" Without
select and stable member of Govern.
ment, the esteem Of foreign Powers will
not only be forfeited by an unenlightened
and variable policy, but the national
councils will not possess the sensibility to
the opinion OF the world which is perhaps
not less necessary in order 10 merit than
/, is to obtain its respects and confidence. "
The Senate was designed to hold
check over the popular branch Of the
National Legislature, and the wisdom of
the trainers Of the Constitution was never
more exemplified than in extending the
term of the Senatorial office to period
calculated to insure TO the Senate perfect
independence Of action. "A well con.
sti,uted Senate" says Judge Story,
(which should interpose some restraints
upon the sudden impulses Of more au-
merous branch, would on his account oe Of
great value but its value would be in
calculably increased by making its term
OF Office such that, with moderate indus
try, talents, and devotion to the public
service, its members could scarcely fail at
having the reasonable information which
would guide them against gross errors,
and the reasonable frmness which would
enable them to resist visionary specula.
tons, and popular excitements."
The Constitution provides. too, that
the Senate shall be divided into three
classes, or, in other words, that one-.hird
Of the Senators shall vacate their seats
every two years. Why would such
Constitution if such an abominable doctrine
as that Of instruction is to take effect, de.
leating at once the object intended to be
accomplished by the organization CT the
Senate.
We do not propose to go into the ar
gument, or to examine the grounds upon
which the right of instruction is urged.
cuf IN haf cd
tend that, because the Senator is elected
by the Legislature, and that body is sup
posed to represent the will Of the People,
therefore he must be bound by the will OF
the People, expressed through their Leg
lsaturo. But are not the right TO die
tate and the power 10 enforce the mea.
sure dictated necessarily. co.equal and de-
pcndent7 And did Legislature ever
pretend that they had the power 10 en-,
force their fiat against recusant Sena.
tor! The idea is prepos.erous The
Senator has his right to hold his seat tor
six years guaranteed to him by the Con-
stitu,ion, and by shat same Constitution
the Legislature is bound to choose a sue
cessor when his term expires; but hence
does it derive its RICH, to instruct Sen.
ator to resign, in the event Of his refusal
to comply with its wishes? But. say the
advocates Of the right Of instruction, the
Senator is bound to represent public opin-
ion. Well, the Legislature of this year
thinks differently from that of last year,
and the Legislature of next year may
think differently from both. Is the ma
jori,y Of any one Legislature to urrogate
to itself the sole right of saying that its
views of public opinion and interest this
year are to be entertained for years to
come, or that the will Of las, years ma
jority is not entitled to as much weight
and respect as their own! Suppose (and
it is most reasonable suppostion) that
Wing and Locofoco msjorties alternate
for six years, or, in other words, that each
party in its turn has the majority, and
carry out the doctrine OF instruction in re-
latIon to some national question or ques
lions, and you would elect new United
States Senator erery year, instead Of once
in SIR years, thus reducing the Constitu-
ton TO a nulliiy, or, what is worse, an alb
surdity.
But where is the remedy, asks some
one, if our Senator will not obey our
wishes Go to The Constitution, and GU
will find il. 1t is al the ballot box at the
end of the Senatorial term of six years.
You cannot make that term less, and, If
il is an evil that it is so great, lei it be so
considered, and set down among the i'm.
projections Of the Constitution. That
,hara NAV ha times whom 10 hopora hle
man could hold his seat in opposition to
the expressed wishes ofthe people Of his
State we do not doubt but, in these ger.
rymanderng days, the Legislature of
State is too often far from expressing the
popular will and If it be said that it is al
ways true exponent of tina! will, it may
be answered that the Legislature OF one
year is as much 30 as that Of another.
VERMONT.
The following resolutions, reported by
the Select Committee on the Governors