The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1881-06-16
The Ripht Of instruction.

BoaUEcH1TTo, MISS, JnLe IA, 1881.
EDITOR BRooKHAvEN LEDGER:
/ ask the Clarion one question? The
Clarion is very tenscious Of the supposed
right OF the Legislature to instruct its
United States Senators, and claims for
its position the precedent OF both the
old Wing and Democratic parties. The
right of instruction was always denied
by the old Wing party as party prin>
ciple, and although there may be ex-
ceptional cases as mentioned by the
Clarion Of Hugh L.. White and others.
they are only exceptions to the rule.1
The question / wish to ask the editor
of the Clarion is: Did he ever know =
Democratic Senator to obey the instruc.
tions OF a Wing or Republican Legisla
ture. Aud does he claim that q Demo.
cratic Senator is bound to obey the in
structions of q Republican Legislature?
And he must admit, if the Legislature
has the power to instruct at all, it has 1t
in all cases. and that it is moi. circum.
scribed bya chanae of public sentiment
in the Legislature after the Senator is
elected. To illustrate: Suppose that
the Legislature of Virginia that elected
Mahohe, the Re-Adjuster, was to in
struct Senator johnson to vote
with Malone OF the Republican party
in all cases. does he claim that johnson
would be bound to obey or resign, for
it logically follows that if the Legisla-
ture has the right to instruct in one
case, it has the right to instruct in
every vote the Senator is called upon
to give. Aud suppose again that the
present Legislature of New York does
elect two Republican Senators. and
suppose the disafeetion OF Conkling,
or by any other cause the next Legisla-
lature of New York should be Demo
cratic. and they were to give the two
Republican Senators instructions to
vote with the Democrats IN all cases
for if the Legislature has the
right to instruct at all. 1t has it iii all
cases-for if they cap Instruct by special
net, it can do 1T just ID well by a general
act instructing them in one sentence tc
vote for; all Democratic measures
does the Clarion editor contend that
they, the New York Senators. should
either resign or obey such instruction!
If o Senator is bound to obey lnstruc
tions, why was his term of office fixed
at six years. l was Taught in my
young days that it was to prevent this
f~uctuatlon in legislation that would be
caused by the ebolition of public senti-
mert. Aud again, the instruction o.
the Legislature is made by a bare ma
jority vote. II the trainers OF the Com
stitution had contemplated such thing
they would have fixed the rule to be
by a majority of two or three, or three
fourths of the whole number OF the
members of the Legislature. Tue
present practice is a majority, and tbs
most illiterate, inexperienced, and lg'
norant member of the Legislature may
hold the balance of power, and his
vote may instruct him who was consid-
cred by the same Legislature to be the
ablest man in the State. I do not be-
lieve the doctrine is legitimate, aud if
did, 1 think it dangerous in practice.
and v~itiates and makes void the Con
st1tution. and instead of a Senatorial
term being six years. it is without
tenure. The Legislature that elects a
Senator may in one week or any
other length of time by the doctrine
of instruction as held by the
Clarion and all others who believe
in the doctrine of instruction, be
forced to resign or violate his oath,
Aud further, when q Senator is elected
for six years under the Constitution
and accepts the office and takes the
oath, he has no right to resign without
good cause,and whenever that doctrine
is established, the Constitution is
made void, and the voice Of the ma
jority takes its place. The majority has
no right to rule ip violation of the Con
stitution. 1t is in violation of the
principles and doctrine OF all ConStitu-
honal governments, and especially
Democratic, Republican governments,
For if the majority rules, what nse have
we for a Constitution at all. The doc
trine, carried to its logical sequence, il
utterly destructive to governments ant
the Constitution becomes a tissue Of
falshoods.
Yours Respectfully,
NJ