Democratic banner., 1849-06-04
For the Banner.

MEssRs. EDrroRs: In the anxiety and sus-
pense with which the promised speech Of Col.
Benton is looked for by all parties, in which will
be given his reasons for refusing to obey the in
structions of the Legislature, the great doctrine
lof instruction seems to be overlooked and lost
sight Of. / have been accustomed to consider the
right of instruction, as one Of paramount impor-I
lance to the people, and a violation Of it, suffi-
Icient to excommuricate any public servant from
the Democratic party. In this / may have been
lin error, but such has been my political teaching
In no State in the Union has this subject been so
thoroughly discussed as in Virginia, and such
deep root has it taken among all parties, that
with the exception of the little band Of federal
ills q mean the federalists of lS00,) that but few
Iif any Of her public men have ever denied the
doctrine in its widest sense. On the subject oil
1.-THE Bank of the United States, in l8ll-l2, and
on the Expunging Resolutions, during Jackson's
administration, the Legislature Of that State
adopted resolutions, expressing the will of the
people of the State, and instructing her Senators
Ito carry them into effect. In the latter instance,
John Tyler who was then one of her Senators,
and believing, according to his views Of constl-
%tutional duty, that he would be violating his OIL
cial oath 10 give the vote required of him, re-
signed his seat, and another distinguished gentle
imam was eleCteQ 10 10 lIldL NHIcu cA-1 ICSluSH'
Tyler could not do with his views Of the constl-
tuition. The principle then maintained is, that
1.-THE Senator is bound to obey the will Of the ma
liority of both houses of the General Assembly
or resign. Itnever was questioned by any party,
or any man of any party, that the Legislature
must be presumed TO speak the will Of the peo-
pie of the State. The chief objection to the right
Of instruction arose from the idea that the Sem
ate was intended TO be a check upon the unstable
and vacillating passions Of the people, and there
fore the long term for which they are elected
This doctrine finds some countenance in the
"Federalist," and is maintained by many Wings,
but repudiated by a much larger numbcr. II the
right Of instruction he admitted, as 10 the MEM
bers of the Senate, even those who deny the right
upon principle, and for the reasons just hint
led at, never thought Of questioning that the Leg
~islature must be considered the exponent OF the
> will of the people. Otherwise what means can
be adopted by which a more certain or reliable
expression oil public feeling can be had! II the
Legislature be not the exponent Of the will oil
the State, how can it be determined what the
views of the people are? The Senator is bound
Ito take the resolutions of the General Assembly
Ito be what they profess, or the right Of instruc-
ltion is not worth contending for. 1t will not dc
lror him to say, that l am willing to obey the will
of the majority of my constituents, but 1 deny
:, that they have fairly expressed that will. Tins
u is professed obedience, but in reality downright
disobediencs. More particularly is this true
where the Senator has a part Of his term to serve
and that too after the Legislature has instructed
him as to the will Of the people, and before an
other general election Of Representatives.
Let us look at the attitude of Col. Benton be
fore the people of Missouri. The Legislature
have instructed him to do a particular thing. III
e saws | cant do what you direct, because you dl
direct me to commit a violation Of my oath OF oil
flee. I do not believe that this is the will Of In
whole people-if l was satisfied that II was
would resign nv seat. Until can hear from tn
v uwhole people"l shall therefore hold on TO m.
! seat. Now let me ask how is he 10 find out tn
will of the whole people, or a majority of tn
70 whole people2 What plan does he propose t
IT ascertain whether the Legislature have reiiecte
70 their will? Will he look to the meetings Of tn
people--the tone of the presto the guesses Q
& his friends?--or to what device will he resort !
lie order TO satisfy himself on the subject? 1t l
10 very evident that until another general election
twelve months from next August, the .Peopl
will not speak on this question. In the interIi
D. another session of Congress is held. Col. Bento
hIholds on to his seat, and is Of course satIShe
,eIthat the people are with him, and votes coun'e
to the will Of the people expressed through thel
REPRESENTATIVES. But say his friends, we den
Of that these resolutions are the will of the peoP.l
shII, on the other hand, say that they are. Whle
, lis more apt TO be correct, my opinion based uP.o
u the act Of the agents of the people, or the oPlI
ion of Col. Benton based upon nothing that CO
lbe construed into q fair expression OF Po.puli
a opinion. Admit that the Legislature has misrel
~ resented the will of their constituents, it is sal!
d. to take the legislative will to be the popular wi
Ito make this the rule, than to permit the Sen
ia tor to look to any other standard Of popular opl
: ion as his guide. In a vast majority OF case
the Legislature reflects the will of their const
n uents, and if the Senator is permitted to say, tn
l appeal from your decision tothat OF the Peopi1
lit IS in fact making his own will the will OF I
people, and nothing less. It is opening the DO
Tor an absolute denial Of the right Of nstru:tlo
lfor suppose a second Legislature instruct him !
Ian same way as their predecessors, ne may Tor !
ity Same reason still hold his seat and disobey aga
100 He NAV re-appeal, and thus trample upon the e
will Of the people during his whoieter
oml IF Col. Benton's position, as developed IN
sntlaAppeal," is not a refusal to obey instructor
nd then { must confess my inability TO comprene