Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-03-03

on this subject. sPractlcaiiy, we KNOW tnat
this doctrine has long ceased to be Of any
great use in protecting the public interests Of
the country. | believe Il speak without per-
fec. knowledge on the subject) that this doc.
trine is incorporated as an article of faith in
the creed or political platform of none of the
political parties of this day. The late Wing
party discarded it altogether. The Democratic
party, believe, still profess the doctrine, par
ticularly in some of the States but from my
observation here, beg leave to say that find
Democratic Senators obeying or disobeying
at their discretion. The truth is,
that its general use may be aptly termed an
abuse. 1t is resorted TO for the most part as
an engine of party and to promote party ends,
instead of protecting the public interests OF
the country. This doctrine so far from having
any support in the Constitution, in my judg-
ment is directly at war both with the spirit
and literal provisions of the Constitution as
interpret them. a principal aim of the franz
ers of the Constitution, in giving to the
Senate it's peculiar structure and organization,
was to secure greater stability to the policy of
the Government, and greater consistency to
the national legislation, than could be ex-
pected were both branches of Congress so con-
stituted as to admit an entire change of its
members every two years.
The advocates of this doctrine have con-
tended that the right of instruction springs
naturally from the relation which exists be-
tween the constituents and the representa-
tive-a plausible argument; but Senators do
not represent the Legislature of their States.
They represent, it is true, the sovereignty of
their States-all that portion which is resrrv-
ed to them after carving out that portion
which is conf rred on the Federal Govern
ment; but. on fundamental principles that
reserved sovereignty does not exist IN the Lee
gislature, it is in the people of the State.
From my observation of the use which is
made of this doctrine of instruction, should
say that the people would be in general,
much safer depository of the right of instruc-
ti.a than the Legislature; especially in times
when the Legislatures become but little
more than political juntas to manage, the in
terests of party, and to promote party ends.
Then, again, if the position that the right
of instruction follows from the relation of
con ii u ent and representative, and that the
Legislature, having the power to appoint Sem
ators under the Constitution, must be regard
ed as their constituent, be well founded, 1t
would follow, upon the same principle, that
the electoral colleges of the States ought to
have the right to control the poIicy and the
measures IF the President. They are as much
the constituents of the President as the Leg
islatures are of Senators.
Again, the Constitution expressly provides
that all the legislative powers granted by that
instrument are vested in Congress of the
United States, to be composed of a Senate and
House of Representatives. If the Legisla-
lures of the several States have the rightful
power to control the votes and the course OF
their Senators upon all questions which may
arise in the Senate; that provision of the Con-
stitution ought to be amended, so as TO read
that all the legislative powers herein granted
are vested in 4 Congress of the United States,
to be composed of the Senate and House of
Representatives, and in the Legislature of the
several States. That would follow as an in
evitable corollary. The true theory of the
Constitution upon this subject, L think, Is,
tbat the Legislatures have been selected as
the cost convenient and proper instruments,
by the trainers of the Constitution, to appoint
or choose the representatives of the States in
the Senate and that when they have perform
ed that duty, they have no longer any con-
troll over them.
From these views it will be seen that i do
not acknowledge the instructions of my Leg
islature as carrying with them any obligation
of obedience; nevertheless, there is no mem
Der of this body who would be less willing to
detract from, or to disparage, or to treat with
indifference or disrespect, any expression OF
the opinions of legislative body, in whatev-
er form such opinions may be addressed to
their Senators and Representatives, whether
in the language of instruction or that of rec
think proper. Their views and opinions in
all cases, are entitled to respect and when
their opinions, expressed in the form of in
structions, or any other form, appear to have
proceeded from convictions springing from
"A full understanding of the subject in hand, in
all its bearings and consequences, would say
they were entitled to great weight and influ-
ence with the Senator in deciding upon his
course in relation to it-nay, sir, in whatever
case the expression of the opinions of the Leg
islature should come to me, formed upon such
an understanding of its bearings and conse-
quences as | have described, and involving no
constitutional difficulty, | should shape my
course in Difference to- and in conformity with,
that opinion.
But sir, that is not the present case; and it
is unnecessary to inquire under what circum-
stances of knowledge or of influence this in
structing resolution has been adopted by a
majority of the members of the Legislature Of
Tennessee. | know, we all know, that we
have not full and satisfactory knowledge OF
many material and important facts connected
with the Lecompton constitution and Its pre-
sentation here; and have no reason to sup
pose that the members of the Legislature o
Tennessee had more light or better informa
ton than we have here. But if, after avail
ing myself of all the information within my
reach, should find myself constrained, by
that recommended by II majority of the mem
bers of the Legislature of Tennessee, il vii
be some consolation to me to know that wheI
the proposition to instruct their Senators il
Congress was first debated and brought to
vote in the House of Representatives of th'
Legislature of my State but-a few weeks ago
it was voted down; and it will still be create
consolation to me to know, under all the cir
cumstancrs. that at least three-iourths. so ia
4 inf nf my fri,an Is i'm !,
Legislature, and perhaps even greater pro
portion to the last, manifested their conlidenc
in me by deciding that, on question so grea
and involving such consequences as the pres
ent and in the absence of full information
upon the subject, should be left free 10 TAX
whatever course. in my Judgment, should b
best and safest for the protection OF all grea
interests of the country. This they did unde
circumstances which warrant me in declaring
that by their conduct, they furnished an eX
ample of moral courage rarely, if ever, equal
I'd and never surpassed, in the political histo
~ of the country.
They represented slaveholdiEg communities
they were themselves at the same time sens
lively alive to the consequence of any erro
they might fall into which course might con
promise southern rights. They sat as men
bcrs of the Legislature, in the midst of
slaveholding community; and any one can al
preciate the embarrassments and obstruction
which they had to encounter from the sens
tiveness of the owners of slaves, engendere
and created by the long-continued agitation c
the subject of slavery, To every step or NOV,
ment OF their representatives on a questio
touching even remotely their rights and intel
ests. To add to the emharrassments arisia
from this cause private advices and assurar
ces from persons in Washington, said 10
well informed aud reliable, were circulated
TO the effect that the admission of Kansa
with the Lecompton constitution, would nc
only make il a slave State for the present, bU
that ii could he maintained permanently q
such. Meanwhile, one of the most inliuentis
and leading Journals of Tennessee, in the il
ter II of the American and Wig parties too
decided ground in favor OF the admission
Kansas under the Lecompton constitution, AZ