Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-01-03
THE DOCTRINE OF POPULAR IN
GTRVTCTVOK

Will OF the people and the instruction
Of their representatives. We are sur
prised to find even the anti-instruction-
lists generally conceding the right to
instruct, and eontending only against
the claims that one or two counties
have instructed. The dogma appears
TO have taken some hold on the popu-
lar mind that the people may, if they
see fit, elect a representative to do what
is best, and then instruct him as to
what is best and Low to do it. This
doctrine, sometimes growing out of a
conscientious desire to discharge a
duty properly, is always the offspring
Of ignorance as to the true duties of
the representative and his relations to
the people, and often arises from a
want Of a proper independence in the
representative, as well as a desire
rather to know what his constituents
want, than what it is best for them to
have. 1t is only the short-sighted poll
tician who prefers present applause to
future commentator.
The power to instruct might exist,
but, if carried to any extent, it would
materially alter the character of
our government. If admitted as part
of the machinery Of our system, it
would forever abolish that far-seeing
and wise craftsmanship, which with
stands popular clamor, raised in a
period of great excitement, and stands
firm to resist the pressure growing out
of heated state of the public mind.
In such periods statesmen are most
useful If they are to be instructed,
they must yield to the tide and lose
their efficiency. The whole doctrine
grows out of a misunderstanding Of
our form of government and Of what
the people require.
The politician, supposing that he is
a mere conduit through which the pop
ular viii is to AOR, impregnating all
legislative action, is misled by the.
fundamental principle that all power is
inherent in the people. While this is
true, and the people may establish
such form of government as may seem
best, they have chosen a republican
form in which the representative is an
agent whose powers are general and
involve q large discretion, in the eIer-
cise of which he is limited by the char
ter, the organic law, or constitution
alone, and controlled only by his own
conscience, and his responsibility to
the people who gave him power-the
calm approval of their sober Judgment
upon his acts. The expressed will Of
the people, by petitions or otherwise,
is only so much light to guide the rep
resentative and direct him in the study
of every measure proposed.
IN a pure democracy the people act
as a mass. This form Of government
is suited, however, onlyito the simplest
forms Of society, and impractieable in
any modern nation. IN this country
the people delegate their powers Of leg
islation TO representatives, who, during
their term Of Office, are clothed with all
the power and discretion pertaining to
the people under the organic law, ex-
cept, of course, the power Of altering
the Constitution. The theory is that
the people Will select the purest, firm
est and best men to represent them,
and there is an additional check held
IN reserve-the power to approve or
to re-elect or defeat, but
never to instruct or compel. Such a
system secures the temporary indepen-
dence Of the representative; prevents
him from being swayed or directed by
a mere popular clamor, or a temporary
excitement, while it leaves him still
to the calm Judgment Of the
people, and their sober approval or dis |
it disposes him 10 look rather |
to sound public policy and ultimate ap-
proval than to the temporary demands |
Of a people excited to unthinking praise !
Or inconsiderate blame.
Once allow the doctrine of instruction |
TO have place in our system, binding |
the representative in the immediate dis
charge of his duty, and all the evils of
pure Democracy become apparent.
Divided and distracted counsels har-
rass the legislator until he becomes no |
longer soicitous concerning the public
interest in his endeavor to discern the
popular will. The distracted counsel
IF the multitude, with It's crude theories,
IS substituted for the wisdom of the
legislator. He dare no longer ask
himself, what is right, but only what is
popular.
Legislation is a result IN which the
wishes and interests of the whole State
md of every part are factors. 1t is Of
,en a wise compromise or balancing of
forces, or it is ameasure elm
mated from a mass Of opinions upon
of views. Obviously
he people cannot instruct the
how to reach such a re-
ult. They cannot reach it for him
nd then instruct him. The instruc-
ed. representative is an unmanageable
iece Of material, who viii fit nowhere
md work nowhere. He is a hard, an
,ular body, whom reason, nor argu-
nent, nor truth can smooth down to
max him fit. He is a mere puppet
legislator, worked from behind the
Genes. He may be prolific in fan
1stic tricks, and loud Of mouth, but
e can never legislate, can never dis
barge his duty to his constituents.
must 90 on without him,