The weekly clarion., 1879-04-16


inclination; but what sort OF reason L. that i
which the determination precades the discus
sion, IN which one set Of men deliberate an
another decide? and whore those who form
the conclusion are perhaps three hundre.
miles distant from those who hear the argu
ments ?" =" Parliament" said he, Is not
eoagTess Cf easbass1d0rs from different On,
hnslts Interests uh6ct Interests eaeh must nam
tan ds az dgeHt and Gduccde o9ai1tst ofher agent
and aor9oates,- but Parliament Is a deiibera
I tive assembly OF one nation, with one interes
that of the whole; where not local purposes
not local prejudice, ought to guide bat tn,
general good resulting from the general rea
son OF the whole"
And this was the language OF a man o
/ whom II was said he gave up to party wha
was meant Tor mankind See Lie of Burke
| p. u
/ Mr.. Webster, who has been twice erroneous
/ ly quoted IN the CLARION a. having ut leas
countenanced the right TO instruct, not only
repudiated itwith equal emphasis but assigned
substantially the same grounds of objection Il
II. lie said Ii there be any matter pend.
| ing in this body, while | am member OF it
IN which Massachusetts has an interest OF hen
own not adverse to the general interests of the
country, | shall pursue her instructions with
gladness Of heart and with all the efficiency
which / can bring to the occasion. BIT II The
question be one trtich affects ker interest and
az The s5ae time eqn1ity affects the Interests Of al
the 0tter States. | shall no more regard her
particular wishes instructions than
should regard the wishes Of man who might
appoint me an arbitrator reteree 10 decide
some question OF important private right be
tween hIm and hls neighbor, and then instruct
me To decide IN ms favor. Ii ever there was a
government upon earth il Is this government
II ever there body upon earth ii j. this
body, which should consider itself a. composed
by agreement OF all, each member appointed
F.N~ Il
of all, sitting here, under the solemn obiga-
tlons OF oath and conscience. to do that which
they think To be best for the good of the
whole Websters's Works, vol ), p. 356
Third. Ii the doctrine that the Senator is
the mere agent or ambassador OF the State be
correct, it must hold good in every coniunc-
ture OF Senatorial duties, and he can he in
structed as to how he shall vote when sitting
with other Senators Il coUyt Of mpo1ch-
iaeHt. Such a conclusion shocks the moral
sense, OF course, but it is simply the rsi,lctiO ad
absardana OF the principle.
Fourth. No argument has been or can be,
drawn from these supposed analogies which is
not equally as applicable to Representatives as
to Senators. Ii the Legislature is the mouth
piece OF the State, it may speak as well to one
set OF public servants a. to another
Fifth. Though the distinction which holds
Senators subject to be instructed while Repre-
sentatyes can be requested, only, had its origin
the Senator, the advocates OF the doctrine dare
not rest it upon this narrow and artificial basis
They continually advance this plea OF estopDei
but are never willing To stand on it. and
generally find it expcdient to support it by
arguments ad cdptaadua 7dgps. Your CORES
pondent, A. b. C., has sufficiently shown the
consequences Of this principle
Sixth. 1t does not result from a denial Of
this doctrine As argued by the CLARION that
" every public servant can be reached in some
manner, except the Senator" On the contra
~, If the State has this control over a Senator
he is the oHig officer in the whole Federal
" orbit " OF the government who is, in any re-
spect amenable to State authority
Seventh. While il is true that the Conveu-
ton refused to secure the independence of
the Senate to the extent OF making the ten
ure for life, it is also true, that power to
recall the Senators was proposed as an amend
ment in some OF the State Conventions and
met with but little favor" EiIiot's Debates,
257. 8 Ib. 303.
And Judge Story says: Many potent rea-
sons might be urged against it," Story on
Const. 800
Eighth. The opponents Of this doctrine do
not deny % the responsibility of the represen-
tative to his constituents" ;" for that Is a prin-
ciple which applies To all otlicers-Senators
not excepted. They say, however, that when
he comes to be Judged, il is not upon any
question OF obedience to instructions or other
expressions OF popular sentiment but upon
the ultimate question OF the right or wrong of
his conduct, under all the ecircumstances-that
right and wrong the essential constitution
of which it may be doubted, if even the power
OF Omnipotence is competent to alter" And
when that test comes, instead OF comprising
his destruction, it may be set down to his credit
that he d" did not look to the flash OF the day.
that he did not kindle with the passions of
the people, nor obey their instructions but
" "conformed TO the instructions OF truth and
nature, and maintained their Interests against
their opinions
Ninth. Those Senators who have resigned
under the force Of unpalatable Instructions
have, in doing, contradicted themselves and
refuted the logic OF their own position. Ii
obedience was due, as it certainly was if the
right to instruct existed, then. unless the act
involved moral turpitude there was no room
for individual opinion or conviction; and in
resigning they not only disobeyed an acknowl-
edged superior and neglected an admitted
duty, but abandoned their posts in insubordi-
nation. What would he thought OF the soldier
who would thus demcan himself toward his
superior officer? To quote from the The
CLARIoN's own authority, Mr.. Buchanan; ''if
the Senator can look behind his instructions
the right Is at once abandoned - and this is
what he does when he resigns as well as when
he votes contrary to their command.
Tenth. The TACT that Mr.. Benton and others
have been sacrificed upon the altar of this
political heresv is one that docs not rise to
the dignity of argument" 1t proves moth
ing but the, otherwise too evident truth that
communities are often more forcibly swayed
by their passions preiudices and local interests
than by sense OF right and justice. What
befell Mr.. Benton was simply the consequence
of standing by principle; OF supporting in
the Senate his opinions of the countrv's good
instead OF forming his opinions in order to
continue in the Senate Doubtless he felt
that he 'co1dd rather be right than be Senator.
In conclusion, l submit that this doctrine,
so far from being salutary in its tendencies, is
inconsistent with the true character of our
government, (which is that of constitutional
Is opposed to Its spirit and methods OF action,
all OF which are, or were meant to be, regulated
by law. 1t seeks to introduce into its machi-
merry a force for which no place is provided
with the inevitable consequence of iarring and
confusing its operation. We have the author
ity of Mr.. Calhoun for saying, that in none OF
the free governments OF antiquity can the
least trace of the doctrine be found. and that
it is inconsistent with the plan and principles
of our own. L, too, am an advocate for in
struction," said he. Il am instructed. The
Constitution is my letter of instruction
Written by the hand of the people-stamped
with their authority-it admits of no doubt as
to its obligations. This is the
all-powerful creative voice which spake
our government into existence, and made us
politically as we are. This body is the first
orb in the political creation and stands next in
authority TO the original creative voice of the
people; and any attempt to give a different
direction TO its movement from what the con-
stitution and the deliberate consideration OF
its members point out, l consider as an inno-
ration on the principles Of our government"
Works of Calhoun, Vol ., p. I79
Every such attempt is indeed, nothing
less than an effort to subject the government
to the action OF a higher jatc than the consti-
tuition, and it is Just because the doctrine in
question proceeds outside, and independently,
OF the constitution, that it has been a source
of contention, irritation and diseord amongst