Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-01-03
VOTING FOR SENATOR.
Ths TleIatiOns Between the LeEisIa-
ture and the PeOpIe-COI. A. 3. Col
vars Reply 20 senator Msyre.

Chattanooga Iimes, Jan. 2.

/ Chattanooga Times, Jan. 2.
TRACY CITY, Dec. 81, 1ST4.-The let
| ter Of al. S. M."-and which it is stated
is the letter of the Hon L. S. Mayre, State
Senator elect from this Observation-Disclosures
in your paper of the 10Th inst, is being re-
published over the State and must soon
come to be the subject Of very general crit
iclsm.
The high standing Of the author Of this
letter, and the great respect 1 have for him,
prompt me 10 an early reply 10 what I con-
slider a dangerous theory.
This letter in plain terms laws down the
doctrine that in electing a United States
Senator the Legislature is not the agent of
the people. Did the Hon. Senator elect
mean this9 IF he did not, the sooner he
explains the better. The question is put
upon the right OF the people to instruct the
Legislature. This is greatly simplifed by
putting it IN the other shape.
Is the Senator or Representive the agent
OF the people in voting for United States
Senator?
Isubmit, fin anything the Legislator
ceases to be the agent Of the people, was It
so intended?
The Constitution Of the United States,
it is true, fixes that Senators shall be chosen
By the Legislature, but it certainly cannot
be seriously argued that this in the least
affects the relation between the people and
the Legislature. The people, it is true,
cannot elect a Senator, because the power is
conferred on the Legislature, but does that
affect the relation Of principal and agent
existing between the people and the Legis-
latUre? This doctrine would prove too
much if established, because the people,
while the Constitutions Of the State and
United States remain in force, are as COM
pletely incapable, in primary meetings, Of
making statutes as they are Of eleCting
Senator, and yet this by no means estab-
fishes that in making laws the Legislature
are not the agents of the people.
But if | gather the true spirit of the let
ter Of the Hon. gentleman, it is this:
that the people elect the lower house Of
Congress, and the Legislature elect the
Senate, or upper house, and, therefore, the
will Of the people is not to be consulted or
considered in the latter election. That, as
the election Of Senators devolves on the
Legislature, that it is ofiiciOus for the peO-
pie to iuterfere, and that such interference
by the people would tend 70 consolidation.
II strikes me that the more power we
give the people, the less is the tendency to
consOlidatOn-and especially that the ac-
knOWledgement Of the right Of the people
in a State 70 control their own Legislature
adds nothing to the dangerous doctrine of
Federal consolidation.
But are the people OficiOus in indicating
to the Legislature their choice for Senator?
Is this matter the Legislature alone are
interested IN, and that the people have no
II, In oil o- r---Ags hra Fha
people and the Legislature separated when
il comes % the election of United States
Senator? The doctrine is a startling ore,
aud will strike the masses Of our people as
not only new but dangerous.
The Senate Of the United States legis-
lates for the people Of the several States,
and not for the Legislatures Of the several
StateS. Every single man in the State has
exactly the same interest in the public acts
Of tho United States Senator that each
member of the Legislature has; and GER
tainly the voice Of the whole people Of the
State, if it could be ascertained, ought to
control the Legislature. Why not? Is
there any constitutional provision, or any
implied or express rule known, that makes
this duty (Of electing a SENATOR one that
the Representative shall in no way be re-
hpOISlDle lot.
Where is the constitutional provision
that places him above his constituents in
this vote? Is the Legislator going to as
sumo any such high prerogative Of rising
above his constituents unless he can find
an express warrant in the Constitution?
The whole theory of government IS rep
resentative, and nothing is so dangerous as
to assume that the peoples agent may defy
the people. If be may in one thing be may
in another, and the dangerous feature Of
the doctrine once established is, that the
agent himself determines in what be is
above his constituents.
l argue but one question, and that is, II
the representative in the State Legislature
knows the will of bis people, no matter
how be gets the information, should be not
obey it.? Should he vote what they wish
or what be himself wishes?
1 understand the Honorable Senator
elect as distinctly taking the ground that
be should vote his own wishes and not the
wishes Of his constituents?
This is practical question and one that
the people are deeply interested in, and if
our distinguished Senator elect means to
practice his theory, ii was at least honest
and manly to say so. A. 5. Z.