Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-01-07
PoPULAR 1NsrRUcrEoN AeAEE.

mllaGlOu OF the lebuS NAY eSOdDllSu
precedent for the Senator's and Repre-
ssntatives Of this and future Legisla-
lures, which viii be potent for good or
i'll in our general legislation. The
principle is one which lies at the
base Of all legislation; it is not even
party issue; it is a fundamental cues
ton.
In an article IN our Issue Of Sunday,
the Sd inst, we held the general doc
trine, that the Representative, in the
discharge of his duty, has large dis
erection, and that it is mis- duty to use
it, exercising his own Judgment, after
a careful and conscientious discussion
and comparison Of views, with tie use
of ali the light he can derive from dis
cussion, from the views Of his constit-
uents.
The Representative elected in David
son county, for instance, becomes a
member, not for Davidson only, bnt for
the entire State; and, if the people
have discharged their duty to them
selves, they have selected a member Of
large information, Judgment, and abili.
" t. discuss, compare, and decide cor
rectly. 1t is his duty then to legislate
for the entire State, and for all its in
terests. To the performance Of this
solemn duty ne should bring AL his
powers and abilities, and, certainly. he
must decide, after discussion, with all
the light before him, whether it come
from oral discussion, private comparison
of views, study Of authorities, or from
the opinions Of the people. Bat he
must decide, and act with frmness,
swayed neither byone influence nor an
other, unless it be one that VIII en-
tighten his mind, and alter his views as
to the reason and right of the course
he Is about to pursue. If his constitu-
ents are to instruct him-to decide for
hint is they, and not he, who legis-
late. He viii then deliberate-they de-
eide.
We propose to examine the subject
now as a question Of authority, upon
which there has been but one line Of
precedent and authority IN all coun-
tries under parliamentary government.
The question first arose IN the
British Parliament in 1871, and the
decision was in accord with the views
we have expressed (see HaIlam's COnst.
Hist. Vol. I, 352)
In France, in the latter days of
Louis Philippe, member of the As
sembly was denied his seat because he
had made a contract with a municipal
corporation to support a particular
measure, the ground Of the decision
being, Of course, that he came tram
melcd by local interests, to act not, af-
ter discussion, for the good Of the en-
tire kingdom.
Burke, in his Bristol speech, laid
down the true doctrine on the relations
Of the representative to his constitu-
ents. His reasoning is so cogent and
convincing that we cannot do better
than to quote it entire. He says: ct
ought to be the happiness and glory Of
q representative to live In the strictest
union, the closest correspondence, and
the most unreserTed communication
with his constituents. Their wishes
ought TO have great weight with him;
their opinion high respect; their busi-
ness unremitted attention. 1t Is his
duty 70 sacrifice his repose, his pleas
ures, his satisfaction, to theirs; and
above all, ever, and IN all cases, to pre-
fer their interest to his own. But, his
unbiased opinion, his mature judg.
ment, his enlightened conscience, he
ought not to sacrifice, to you, to any
man, or to any set Of men living
These he does not derive from your
pleasure; no, nor from the law and
constitution. They are 4 trust from
Providence, for the abuse Of which be
is deeply answerable. Your repre-
sentative owes you, not his indus
try only, but his judgment; and
ne betrays, instead Of serving
you, if he sacrifices it to you
opinion. Government and legis
lation are matters Of reason and judg
ment. and not inclination; and what
sort of reason is that, IN which the de
termination precedes the discussion; II
which one set Of men deliberate and
another decide, and when those who
form the conclusion are perhaps three
hundred miles distant from those who
hear the arguments? To deliver al
opinion is the right of all men; that o!
constituents is a weighty and respect
able opinion, which a representative
ought always rejoice to hear, and which
he ought always most seriously to con
. slider. But authoritative instructions
mandates issued, which a member IL
bound blindly and implicitly to obey
TO vote and argue for, though contrary
to the clearest convictions of his judg.
meat and conscierce-these are things
utterly unknown to the laws Of this
land, and which arise from a funda
mental mistake Of the whole order anC
tenor Of our Constitution.
Parliament is not a congress OF am
bassadors from different and hostile
interests, which interests each mus
maintain, as an agent and advocate
against other agents and advocates
but Parliament is a deliberatiye assem-
LIy Of one nation with one interest, thai
of thewhole; where, not local prejudice'
ought to guide, but the general good
resulting from the general reason o.
the whole. You choose a member IN