The weekly clarion., 1879-04-16
VOLUME XIII.
The Right of Instruction-The Argu-
ment Against It Summed Up.


Senator passes of. there are few points an
authorities which I would like to present, i
your columns, on the side of the opponents Q
the doctrine-though | have no purpose t
enter, at large, into a controversy which
practically endless for want OF a tribunal en-
powered to finally decide it.
First. Against the views OF the THE CLARI
on, a given in reply to A b. C.. and in an
swer 10 an inquirer, signing himself "Dsci
pie 10 the effect that the peculiar organiza
| tion OF the Senate had no other object thai
the preservation Of the equality Of the State
and the adoption of convenient mode 0
securing their representation, there is tbs
very highest authority. The three features o
apattre age, tang tenure and 75adaai change hav.
been uniformly considered BY the ablest com
mentators on the constitution a. expressly INTENDED
| TO make the Senate stabte and conservative body
II not wholly Tree, at least rea0rsd from the i'm
| mediate influence Of the ever varying phase
| OF public opinion History had furnished nc
| instance OF a long lived republic which had
not such body, and the founders Of our
| were deeply impressed with the necessity foi
/ such, IAN anchor against popular tiuctua-
| tons" it termed by one OF them-stIch
! "a balance wheel in It's machinery-as it has
/
| Accordingly, in one Of that series OF re-
| markabe letters which were addressed To the
people Of the several States Tor the purpose OF
| pcr-uadiug them to adopt the constitution,
and which have, therefore. great value as co
| temporaneous expositions Of it, We ind Mr..
| Madison saying:
| The necessity Of a Senate l. not less ndi-
/ Gated bv the propensity Of all single and nu-
| mer0us assemblies, 10 yield to the impulse OF
/ sudden and violent passions and to be seduced
/ by iactious leaders into Incorporate and per-
nicious resolutions Examples on this subject
might be- cited without number, and from pro-
! ceedng- within the United States as well as
/ from the history OF other nations. But Il
| position that will not be contradicted, need
/ not be proved. All that need be remarked Is
/ thai a BODY which Is 10 correct this Iniirmlty
ought itself to be free from it, and consequent-
| ly ought to be less numerous. 1t ought,
| moreover. 10 possess great fr1oaeSs, and con-
-equentlv ouglt to h0id It's ddhorltyby tenure y
considerable dtrdt,on.'
The mutability in the public councils aris-
| ing from a rapid succession OF new members,
| however qualified they may be, points out in
the strongest manner the necessity OF some
stable institution in the government. Every
new election in the States Is found to change
| one-half of the representatives.. From this
change Of men must proceed change OF
opinions and from a change Of opinions a
change of measures. But continual change
even of good measures Is inconsistent with
every rule of prudence and every prospect Of
success The remark is verified in private life
and becomes more just, a. well as more i'm
portant, in national transactions"
oA7 the cool and deliberate sense of the
community ought in all governments, and
actually will in all free governments, ultimate
lv prevail over the views of its rulers 50
there are particular moments in public affairs
when the people, stimulated by some irregular
passion, or some Illicit advantage misled
by the artful representations Of interested men,
may call for measures which they, themselves,
will afterwards be the most ready to lament
and condemn. In these critical moments how
sautarv will be the interference OF some
temperate and respectable body Of citizens IN
order to check the misguided career, and to
suspend the blow meditated by the people
against themselves, until reason, justice and
truth can regain their authority over the pub
lie mind What bitter anguish would not the
people of Athens have often escaped, II their
government had contained so provldent "A sale
! guard against the tyranny OF their own pas
sions. Popular liberty might then have es-
| capped the indelible reproach Of decreeing 10
the same citizens the hemlock on one day and
statues on the next."-The Federalist, Nos.
81 and 63
! And so Chancellor Kent says:
''The small number and tong duration OF the
/ Senate intended 10 render tHein Il ttyAtfA u
| against the influence of those paroXysms OF
| heat and passion, which prevail occasionally
| in the most enlightened communities, and enter
into tie dcjiberatOH Of popular assemblies In thus
! point Of view, a firm and independent Senate
! il iustlv regarded as the anchor OF safety
| amidst the storms of political faction; and for
want of such stable body the republics of
! Athens and Florence were overturned by the
| fury of connections, which the Senates OF
! Sparta, Carthage and Rome might have been
| allie 10 withstand As the
| House OF Representatives comes more imme-
diately from the people, and the members hotd
their sc1ts tof much shorter time, they are pre-
sumed to partake rih quicker se1lSlbalty, OF
the prevailing temper and irritable disposition
of the times and to be in much more danger OF
adopting measures with precipitation, and OF
changing them with levity." / heRts Conn p.
227
Judge Story, in his work the Constitu-
tion, says
'.TIe term Of sir years would seem to hit the
iust medium between duration OF Office
which would too much resist, and like dura-
ton which would too much invite, those
changes Of policy, foreign and domestic which
the best interests Of the country may require
10 be deliberately weighed and gradually in-
troduced" I" Sec. 122
And in another place he says; "If public men
know that they may safely wait for the gradu-
al action of a sound public opinion, to decide
fore they can be struck down, they will be more
ready to assume responsibility and pretermlt
present popularity for future solid reputation.
1t tthe Senate) combines, the pc
riod OF office OF the executive with that OF the
members of the House; while at the same
time from is otra bje'tH5d( changes, as We
shall presently see it is silently subjected TO
the deliberate voice OF the States" Sec. IA.
Further, on he emphasizes the view that the
bieaaiai changes are the means reserved To the
people of subiectng the Senate to the influence
of their changing opinions. See. 423.
These authorities seem clearly TO enforce
TWO conclusions; lst That the Senate was
intended to be body both stable and iHdepeR-
dent in characterized alike from the shift
ing extravagances OF public opinion and from
the domination of other organized parts OF the
government; and ID. That the opportunity to
change biennally, one third OF It's members Is
the only means provided TO the people Tor sub
iectinc an obdurate Senate to the influence OF
their deliberate convictions-neither of which
conclusions can stand, if the doctrine OF In
struction be sound.
Second. Arguments drawn from the re-
lations of principal and agent master and
servant and the like, misleading because
the analogies are not true ones. The agent, or
servant Is merely such. and Is charged with
no duty or responsibility save to his principal
or master whereas, Senator Is required to
to deliberate and to decide upon the rights
and interests of others blended with those
Of his own constituents. His functions are
o1.axi-iudicial, and he owes a duty not only to
his interested principal or master" but to
others with whom his interests clash, and
therefore to conscience, justice, and truth, the
only rightful arbiters of the disputes of man.
kind.
The representative principle of our govern
ment is not more distinct, or well defined
than was that of the English house of Com
mons. The election OF knights by the landed
nronrietors, and of citizens and burgesses by
The mercantile interests, which is termed by
blackstone ''the exercise of the denOcdticai