The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-07-03
THE RIGHT OF INSTRUCTION"

18th 1878, appears letter over the siS""
ture OF" "A Friend touching "the right OF
Legislature to instruct a Senator IN the
Tinted States Congress" Without making
any personal issue upon any one, desire TO
give the letter some attention.
The letter is, in some respects, remark
able one. Iu the firsf place, the writer
brings in an indictment against "our ieau-
ing papers," charging that they do con
tinuaIly attack the leading men oil our
party in spirit ofhot blood and ''iet INTO
| Them with hot shot" This language Is
excessive; and it was obviously written
without mature thought One womb
think from it that the people and editorial
| profession of this State are set OF polltlcal
ingrates. 1t can benefit no one; but will
furnish excellent capital for our calumnla-
| tors at the North. And in making this
charge, the gentleman has utterly failed to
display that calm, thoughtful. and philo-
sophical craftsmanship, which he seeks to
| enioin upon the editorial profession. L 90
not believe that either the press or the peo-
pie of Mississippi have hastily judged MI
Iamar's Senatorial career. In this matter
they have displayed the same thoughtluI'
fair minded and dispassiouate spirit, which
/
long aud dreary years of oppression that
followed upon the close of the war. with
ms politics have taken on the philosophical
east and no people are more dispassionate
than we. There is no "hot blood" in Mis-
| sssippi.
In suneort of his position against "the
| right of instruction." the learned gentle
| man brought out on parade the erudition OF
| Burke, Blackstone and Chancellor Kent,
and All this to show that Il United states
| Senator is not bound by the Instructions of
h State Legislature. | deferentially sub
miit that the authorities relied on are
| tot the law of the case They are confesSedly
the law of the British House OF Com
mons" upon the matter of Constructions ,
The authorities cited refer, in terms, to the
Gimme diate delegates OF the people. Is a
/ United States Senator an -'im mediate dele
| gater of the people? Aud is the United
StaIes Senate analogous to the British
House of Commons! One Is the popular
brar CHI of "a local Legislature; and the other
| is the conservative" branch of Federal
| Legislature. The popular representatives
bcirg fresh from the people are in accord
| with popular sentiment: whereas a United
| States senator is zone remove from the peo
| pie" and is presumed in the theory of the
| government, not TO participate largely in
| the popular sentiment or opinion. But
Chancellor Kent says they are equally with
| the Representative responsible to the people
| for their conduct.
| By the intendment of our Constitution an
United States Senator in Congress is expect
ed to represent his State, in its iRdiUiduUIty
and in its sovereignty. " Each State has its
equal voice ana its equal weight in the
Senate, without any regard to disparity of
population, wealth, or dimensions" Nevada
| has as many Senators as New York. Della
| ware has as many as Texas. Chancellor
| Kent saws this arrangement is grounded on
the idea of sovereignty in the States.'' 1t
| follows that United Sta'es Senators repre-
| sent sovereign States. and are not governed
| by the same rules that apply to immediate
delegates" deputed to a local legislature.
The sovereign will of a State is delegated
| to, and resides in, and is legally expressed
| by the local legislature OF the State, our
| State Government being Representative
/ Republic" and United States Senators being
elected by the State legislatures, it is reason
able that the legislature should have the
! right to instruct their Senators. II may be
| argued that United States Senators are not
| bound by the instructions of their constitu-
ents, because they belong to the ''cOnserva-
tive branch" of Congress-, and that branch
is "an anchor of safety against the storms
of political faction" Such is evidently the
character of the Senate; but this character
istic does not destroy its ponSibilitV to its
constituency. The sovereign will of state
when legally expressed, is presumed TO be
free from the ''paroXysm of heat and pas
siOn;' because the State legislature al $50 has
a branch, which is presumed to possess con-
servatism. wisdom, and stability, and which |
acts as a check on the popular passions of |
the House. Revolutionary influence could |
never reach the United States Senate |
through the instructions of a State legisla- |
ture.
An argument is made against the "right |
of Instruction., upon the suppoSitiOn that |
''black aud tan" legislature may accede to |
power in this State; and that they would |
claim the right to instruct. This argument |
is more spectous than solid, not to say that it
is utterly fallacions. No one will deny that
the State Government is perpetual: but
under the Legitimate operations of our State
and Federal Governments, ''black and |
tan legislature' can never again assemble
in our State capital. By aid of Esfederal in
reference" our State was once dsgraced
by the character of legislation above re-
terred to; but no matchmaking man would |
claim that the sovereign will, de jure, resided
in that legislation. And when once the
sovereign voice OF the people was heard, the
vile herd fled in dismay from the place of
power.
When Mr.. Lamar disobeyed the instruc-
tons of the sovereignty that created him.
he violated the law of his political existence
The stream is seen to rise higher than tho
fountain. The servant has become greater
than his master. Furthermore, Mr.. Lamar
has been Democrat all his life; and the
right of instruction" has always been a !
doctrine OF the Democratic party there
fore, the presumption can be INDUCED in
that he has always believed in the right of
till it came his time to obey in
In disobeying he adiured his {
own political faith. and repudiated his own
political record. He was, in part, at least
elected to the United States Senate, by in
structons from the counties. Mr.. Lamar's S
friends at that time imagined it to be en- n
Iirely com petent to instruct the 'timm ediate ;
Delegates" on his behalf. The brave and /
patriotic w. K. Barksdale was at that time |
representing Grenada county in the Legis- Q
allure; and he was instructed bv county :
to support Mr.. Lamar for the :
senate. Ii Mr.. Lamar's friends were right II
hen, they are wrong now. If they are o
light now, they were wrong then. 5
The destruction of human liberty ia by .
gradual encroachments. These encroach-
nents are first tolerated, then condoned and a
hen forgotten 1t is truly said, that ''eter- Ii
al vigilance" is the price of liberty and n
'igilant patriots will repell the aggressions
f arbitrary power, without any regard to
he person making the aggression. Mr.
4amar has placed himself in autagonism 10 h
he sovereign will of the whole people of .,
Mississippi. Is not this an assumntion of "
rbitrary power? Mr.. Cody remarks that D.
re may sometimes possibly ''encounter an el
IMPRESSION that Government may figttfuLIv
0 whatever it has the p0aoer to do: and chat
henever particular department. OF Gov u
or officer of any department. has il
OF been m ade responsible to any other for n
ne proper exercise of authority, the deter
lination of such department or officer to
o particular act, must be accepted as sat /
factory and conclusive evidence that the
It itself is rightful and legal. Such is NOT | az
ne tneory al American constitutions, or of T,
ny Governments where rights are reco0- | g
zed and respected. The sOverei0ntv with ~
Is In the people, and they have delegated Nv
the agencies of their creation only 81 | w
UGH OF the powers of Government "a thew ID
Gem saIe, proper, and expedient. The n
'wer exercised must be within the grant ~
ade, and if it be not it is usurDstion A.
neither the means of restraint are provided ~