The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1879-05-21
RIGHT OF INSTRUCTION.
coMMUS1cATED.l

/
Citizen Without intending to follow the
writer through his various points, l remark
generally, that he has adopted that delusive
| method OF argument which would draw con
dusions by presenting assumed parallels
These are seldom to be found, and your cor
| respondent has certainly been unfortunate. as
his lines were SO widely divergent as rather 10
I conflict, than 10 travel with each other. Fol
example, he cites Mr.. Burke in his definition
| Of Parliament, where the Representatives oil
The kingdom assembled, and applies it to the
ease OF the Representatives OF sovereign States
sitting in Congress Then he assumes 10
correct The CLARION in Its citation OF Mr..
Webster, who he says repudiated the right OF
4 instruction as emphatically as Mr. Burke had
done, and though he quotes at some length
from the speech of Mr.. Webster he omits al!
which that statesman said expressive OF the
right he should feel at being asked to present
resolutions on a subject with which the Legis-
| lature of Massachusetts had nothing to do
and further omits the positive declaration of
Mr.. Webster, that he would not enter into the
question OF the binding force of instruction.
which was to say the least somewhat short of an
emphatic reputation of the doctrine of in
structions. The reader OF his speech might
naturally inquire why if legislative instruc-
tions might be wholly disregarded, should he
have been SO very unwilling to receive in
structions which he could not conscientiousIv
obey. As to the illustration from the case of
an arbitrator referee, it seems to me to have
no parallelism to that of a Senator elected for
along period, who should have to act upon
questions originating after he was chosen.
would be unjust to the memory, and
known sensibility of Mr. Webster, to suppose
that he would have insisted upon continuing
to ac. as the general agent of his principal
and TO decide questions of important private
right which had arisen after his appointment.
IN violation of the declared wishes of his
principal
Your correspondent also cites Mr.. Calhoun
as an opponent of the doctrine and quotes
from speech of his made in 1917. in a man
ner which might lead the reader to suppose
that it had reference to the right of a LegisIa
ture to instruct a Senator. The fact is. the
speech was made in the House of Representa-
tives, and the language italicized referred to
what were termed implied instructions to
members OF the House On the two pages
preceding that from which the quotation Is
made, will be found the full expression Of the
idea as follows This doctrine of impIied
instruction, II | am not mistaken, is a new
one, for the first time preached in this bouse
and II am not greatly deceived. not more
new than dangerous. 1t is very different in
and Il
that the constituents have right to assemble
and formally instruct the Representative and
though l would not hold myself bound 10
obey any such instructions, yet | conceive that
the doctrine is not of very dangerous
But this novel doctrine is of a far
different character" The difficulty of getting
instructions from the constituent |
cy OF the member of Congress. renders il = |
very different case from that which Won have |
discussed. And it is submitted whether Mr.. |
Galhouns argument in view of the subject To |
winch 1t was addressed, and the whole current |
)f II has any application to the subject to |
winch your correspondent applied it, We |
ind hlm declaring that a seat in the house |
was the only office in the general government |
N the gItt OF the people That all other |
lfhcers were responsible to the Congress, and |
he members thereof directly responsible to the
'eople With prophetic vision he pointed out
Why the Importance of a seat in Congress
hould be elevated so as to make this the
'ffcer OF the people, above the temptation OF
ederal patronage, or other reward than that
vhIch his constituency could bestow, and Sc
ure from them that vigilant and bold over
lght over the Executive power which the
constitution supposes, and which is necessary
0 coerce power OF so much patronage"
DEMOCRAT.
Gin searching for the opinion of Mr..
'alhoun on the real question at issue.
he right of a State Legislature to in
truct its Senators, it will be found in
-ords that are clear and positive as lam
uage can make them. In his last and
reatest work written a short time be-
re his death and published in 1851,
On the Constitution and Government c
the United States" p. 24O, Al, in /
sensing the means the government a
State possess to prevent the gov v
nment Of the United States from en- {
oaching on its reserved power, he "
stinctly recognizes ''He right" ''of IN a
''ctl"g ats Senator's and requesting its i
'mbers Of the House of Representa- is
yes." These are his own words. They h
tile the question as to his opinion IL
os. CLARIoN). W