Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-02-18
Lert.I.tive Instructions.

THURSDAY, FEBRUARY IL, 1913.
Legislative instructions.
The fact that the American members Of the
Tennessee Legislature voted against the reso-
luton instructing our Senators and request
ing our Representatives in Congress, to vote
for the admission Of Kansas with the Lecomp-
ton constitution, is being used by the sham
democratic press, to place those members and
their party in false position before the coun-
try. 1t is inferred, and the inference is stated
as a fact, that by their vote the American
party, or, at least, the members which it has
placed in the Legislature, have arrayed them
selves against the admission of Kansas with
the Lecompton constitution. and hence stand
in opposition to their party friends in Congress.
The facts do not authorize the conclusion, and
the inference is simply unsubstantial and I'M
just In the House of Representatives on the
23rd of January, the American members of
the committee On Federal relations, presented
a minority report on the subject of the admis-
sion of Kansas wherein they took the ground
that they were not prepared to instruct our
Senator's to vote either for or against the adj
mission of Kansas under the Lecompton eonsti-
tuition. and set forth their reasons. On the 9th
of January, American members of the Senate
entered protest against the action OF the
majority in passing instructing resolutions,
under the operation of the previous question,
whereby they were prevented from proposing
amendments, and entering into discussion or
explanations-takings substantially the same
ground as the House committee. The resOlu-
tion coming up in the House, the views of the
minority were sustained and the resolution
was voted down, notwithstanding an over
whelming democratic majority. Thus the
matter rested till the 10th inst, when the pro-
position was renewed in the House, by way of
an amendment to the "Bell resolutions" 1t
was then distinctly stated by many of the
American members, while voting against the
resolutions, that they were in favor of the
admission of Kansas, yet they were not suffi-
GENTLY informed either in their own minds. or
of the sentiments of the people to vote the
instructions; but preferred to leave the matter
entirely within the discretion of our Congress
sional delegation. These are the simple facts,
and while they are incOntrovertible in them
selves, they cannot be so distorted by partizan
construction as to sustain the charges for
which they have been made the pretext.
But what is the doctrine of instructions,
and the grounds on which the right to give
them can be sustained They unquestionably
imply an expression of the popular voice and
will. They can never be safely or properly
given, except on great occasions, and when
they are known to embody the opinion and
feeling of the people. Upon this they are
solely and exclusively based, and failing in
this, the Legislature which assumes to give
them, is guilty Of an arrogant usurpation of
power-instead of being the vehicle for the
transmission of the wishes of the people, it
takes the place of the people, and substitutes
its own for the opinions of the people. The
right and power of Instructions is high con-
servative power, derivable only from the ulti-
mate and superior sovereignty of the people,
and unless it is clear and unmistakable ex-
preston of that sovereignty, it loses its pro-
priety, its sanctity and its force. Now, we
put the question TO the sham democracy, were
the instructions which have just passed the
Legislature warranted by these principles
Were they necessary Were they the expres-
sion of the previously known will of the
people of Tennessee Were they not rather
the expression of the individual will of the
members voting for them, and instigated by
the mere motive Of sustaining q party admin
istration, This is new question. which has
thn
ing of the Legislature, which has never been
discussed before the people about which
the people have never held any primary
meetings, or in any way expressed an au-
thoritative opinion, on one side or the
other. Let us grant that the people of Ten
nessee are in favor of the admission Of Kan
sas under the Lecompton constitution, as we
have no doubt they are, almost unanimously,
is this fact TO be taken for granted by the Lee
gislature? How are legislators to knosc the
fact? and shall they assume q fact aud pro-
coed to act as if that fact were already fully
and legitimately ascertained? Our position
on the Kansas question is well known, We are
fully satisfied with that position; but we are
free TO say that if we had been a member of
the Legislature, We should not have voted for
the instructing resolutions. 1t is a sacred
power, and one which we never could wrest
from its proper repositories, and substitute
our individual opinions in it's place. 1t is q
trust reposed in the Legislature which we
could not consent to tamper with ourselves,
or see abused by Others. And this we under
stand to be the position of the American
members of the Tennessee Legislature, and
in which they are sustained by every consi-
deration of propriety and principle.
1t has been long a favorite doctrine with the
Democracy. fully inaugurated by Gen. JACK
SON when he sent special message to the
Senate, on the occasion of the vote of censure
on his conduct in the removal of the depos-
ties. 1t has been abused by that party. until
it has dwindled into contemptible party ma
neuvre. 1t has been debauched by making
Ii a part of partizan intrigue. But while it
has been a favorite recourse, when il could be
effectually used against their opponents, they
have uniformly spurned it when commended
to their own lips. They are the first to give
instructions, but the last TO obey them. The
Legislatures of Rhode Island, New Jersey,
Iowa, Ohio, and some others, have passed ia
structing resolutions on the Kansas question;
bat in most of these cases, they will, as they
ought to, be dead letter. Those Of the Ten
nessee Legislature were intended 70 harass
and perplex the Hon. JoaN BELL, aud are
only prolongation of the persistent attacks
which have been increasingly directed against
him for years AS such they ara pitifal and
contemplate.