The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1879-03-12
The Right of Instruction-A Reply to
The Clarion.

EDITORS CLARION: / like antagonist who
comes fairly up to the issue, and does not
shrink from the consequences OF his own logic.
You assert that the Legislatures OF the North
ern States now all Republican, with perhaps
two three exceptions) have the right to
supply the seats OF the twelve or fifteen Dem
ocratic Senators from that section, reduce
them to the condition Of mere puppets, register
ingthe edicts promulgated from the State Capt.
tails. assert that neither good sense nor the
theory Of our institutions give any sanction to
such idea.
This, then. Is the issue fairly joined between
us-You say that while a practical applica-
tion of your doctrine just now might work in
jnriously to the Democratic party, the princi-
pie carries it, own compensation, because a
few years ago the condition exactly
reversed and the Northern Democratic Legis-
laturez could have dictated to Republican
Senators and so on al iafaitma, suppose with
every recurring change of popular mojorities
But are YOU serious in asserting that this
il the true theory Of our political system, or
that any government whatever can be practi-
cally carried on upon such basis? Nothing,
it seems to me, save the authority of great
names, can give to such doctrine even the
appearance Of plausability.
Remember that we are not discussing the
accountability OF Senators to the people nor
their duty OF obeying the clearly defined and
well ascertained wishes of their constituents,
no matter how it has been communicated; so
that all your remarks about the authority of
the people, and your structure upon I" the one
man power" must be discarded as wholly ir-
relevant to the discussion. No man recognizes
more fully than myself, the fact that all polit-
cal power resides in. and springs from the peo-
pie and that their voice when uttered in the
mode and manner sanctioned by the organic
law is omuipotent But it is then, and only
. then, as Mr.. Calhoun says, that the Vor PopuH
Is the Tor Del. The single question between
us il whether under theory of government
the State Legislatures constituted the
tribunals to speak that voice and can de-
mand obedience or a resignation by the Sena-
tors. The only thing claimed as giving
countenance to the idea so far as l have
ever heard is the fact that the Leg
islature elects the Senators. Hence it is
argued that he who by accepting the position
at their hands has recognized them speak
ing the voice of the State, is estopped to ques-
ton their authority when they command him
that power 10 select an officer carries with 1t
the right to control his action? Does the
right OF election when conferred upon
agency intermediate between the people and
the officer elected give the power of controlling
the person chosen in the discharge of official
duty / uuhesitatiugly answer these questions
in the negative, and | assert that where fixed
term of office Is prescribed and there Is no
express power ot control or removal, the
authority OF the appointing agent Is exhausted
.4.Ita hon ar1 hp
officer chosen is wholly independent of the
body appointing him and is accountable alone
to the sovereign people, the common master.
The sovereigns OF Mississippi are the people
OF Mississippi. BY their Constitution and
laws they have made the Governor their agent
for the appointment Of many officers. Can
the Governor direct these officers how to dis
charge their duties Can he tell Judge how
to decide case, or instruct Sheriff, appoint
ed by him to fill 4 vacancy, whom to arrest
You think that temporary vacancies in county
offices should be filed by the county Legisla-
res, the Boards OF Supervisors. Ii they
It filled, would the appointees be subject
were > -nl of these county Legislatures or
10 me cont -aters of the county who are no
iess fbc;r canstitu. "'s, though they dld not
elect them2 These con- ~ Federal Offices
especial force TO holders United States
and mort strongly of all to n the State
Senators. The Federal no less tha I'M the
government derives its authority fr, hts
people, though you and /, both States Rig
Democrats Will agree that these are, properly !
speaking no citizens of the United States,
save As We are all citizens of the particular
State in which We reside. Nevertheless, as the
people constitute the States, and the States
constitute the Union, it remains true that the
ultimate authority OF the Federal Government
springs from the people. And yet, wisely as
think, it is so ordered by the Federal Consti-
tuition that the people have almost no direct
connection with the government and its whole
vast machinery Is put in motion by lnterme-
dlate agents. Though II has a eountless swarm
of officers, no man ever votes for but one OF
them. The members OF Congress each In his
own District are the only officers connected
with the government directly chosen by the
people All the others selected by inter
mediate agents The President is appointed by
the Electoral College. Is he subject to their
orders You say no. The Judges are APP
pointed by the President and Senate combined.
Are they to be instructed by them2 Certainly
not The ministerial and executive officers
are also appointed by the President and Sen
ate. The President alone Re moves them with
out the concurrence of the S. mate and this he
does only because given the p over by express
law.
The Senators are chosen bv the State Legis-
1atures. Why should they alo ne be amenable
to the commands of the age uts appointing
them2 OF all the departments ,0f the Govern
ment il was intended that the Senate should
be the most independent, cons, rvative and
free from violent changes With this view its
members were required to be of mature age
and TO them given term of Office longer
than that of all others.
How vain viii be the scheme if they can be
elected from their seats or forced to violate
their conscientious convictions with every
change of temper In the State Legislature.
Senators are delegates ambassadors of sovereign
States, in council assembled. They represent
the personality, the autonomy of sovereignty.
Where rests their responsibility? To whom
are they accountable? Surely to that body
whose sovereignty resides and to those only
who possess 1t Where is this2 Certainly
In the constituent body, the people themselves
and nowhere else. Legislatures possess leg
islatiEe authority in State affairs only. Over
the federal government and over national
questions they have power whatever. y.
s. Senators, members of the State Legislature
are fellow-servants Of acommon master, chang
ed by that master with different duties in
wholly different spheres Each is the equal Of
the other and neither is the superior Both
are responsible to the common master and
neither Is responsible to the other. These
propositions seem 70 me nepntroyertihle.
might pursue the argument further. but space
f0rbids
AZ for the precadenis they CONT Tor moth
fmp hnrnfrae fhrv are 10 divided chat they