Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-05
The RELATIONS AND DUTIES OF REPRE-
sENTATIvEs TO THEIR CONSTITUENTS.

sENTATIvEs TO THEIR CONSTITUENTS.
During the legislative session just ended
several quite remarkable illustrations oc-
Cured of the prevalence of erroneous con-
ceptions of the relations and duties of
representatives to their constituents.
On several occasions of particular moment
members explained votes which they adj
mitted to be against their individual judg
ment, and which were obviously against
the general interest, by stating that their
constituents held such and such views, and
that they felt bound to be the mere echoes
| of their constituents. This aspect of the
relation of the representative has indeed
been held in our presence by more than one
member, quite seriously; and it involves
so disastrous misrepresentation OF the
whole theory of representative government
that it is almost necessity to bring it for
ward for examination.
1t is evident that those who hold to the
view outlined above must regard them
selves as deputies and not as representa-
tives. Nothing is more certain than
the fact that the American principle
of government is representative and
not deputative. The deputative form of
government has in fact always been asso-
ciated with the swift destruction of lib
erty. In all the continental nations of
Europe it produced political stagnation,
then responsibility, then despotism.
England alone succeeded in preserving her
progressive vigor, and she did it by substi-
tuting the representative for the deputa-
tive principle. This was effected in the
sixteenth century, and Hallam, speaking
in reference to debate on the subject in
| 1871, says ''This is a remarkable and per-
chaps the earliest assertion of an impor-
&c tant constitutional principle, that each
" member of the House of Commons is
&c deputed to serve not only for his con-
Sc stituents, but for the whole kingdom
So principal which marks the distinction
+" between modern English Parliament
'and such Populations of the estates as
were assembled in several continental
" kingdoms a principle to which the
House of Commons is indebted for its
weight and dignity, as well as its bene-
" fetal efficiency"
In founding the present Union the depu-
tative system, which had obtained while
the Confederation of States continued, was
| deliberately exchanged for the representa-
tive system. To House of Delegates
succeeded House of Representatives, and
the new form of government was so ar
ranged as to allow for the largest liberty OF
opinion in the discussion of the public
| business. 1t is true that there has existed
a difference of opinion as to the extent
of the responsibility of the representative,
and especially as to the right of the people
to instruct the representative, and his OBJ.
legation to obey such instructions. This
consideration, however, appears to us to be
conclusive on these matters. The limits
of the rights and duties of the repre-
sentative are laid down in the organic
law, and the natural presumption is that
within these limits he is unassailabe. No
power has been given to constituencies to
recall representatives, and such power
would seem necessary corollary of the
power to dictate to them. The methods
by which instructions are usually given
are extra constitutional, and cannot repre-
sent faithfully the opinions OF the whole
constituency. A few persons, OF many
persons, but seldom or never anything like
all the voters in district, undertake to
instruct the representative upon some
measure or policy. There is no provision
for this form of pressure in any of the consti-
buttons, and however custom may have
sanctioned it, the fact of it's irregularity
ought to have aroused suspicion of its
illegitimaey.
The question whether the representa-
tive should obey instructions has never
been dealt with more nobly and rightly
than by Edmund Burke in his speech to
the electors of Bristol. Said he " did
not obey your instructions no. l con:
I" formed to the instructions of truth and
nature, and maintained your interest,
against your opinions, with consist
50 ency that became me. A representative
g worthy of you ought to be person of
90 stability l am to look, indeed, to your
sc opinions but to such opinions as you
g and l must have five years hence. was
" not to look to the flash of the day. l
know that you chose me in my place,
" along with others, to be pillar of the
state, and not weathercock on the top
" of the edifce, exalted for my levity and
g versatility, and of no use but to indicate
the shiftings of every fashionable gale. !"
And the subject on which he had differed
from his constituents was one which
greatly concerned the Americans of that
day.
The position of statesmen like Burke
and Washington flor the latter never ap-
proved OF instructions), has been supported
almost without break by the most emf
nent publicists of the age, including such
men as Mill, Lieber and Woolsey. The
question as to the duty of the representa-
tive to retain his individuality and indie
pendence has not been answered with any
doubt or hesitation by one of these emf
nent thinkers. Thus DIR. Lieber observes,
in his "Civil Liberty and Representative
Government )" 'HCivil liberty distinctly
requires the representative to be the
representative of his political society at
"large, and not of his election district