The weekly clarion., 1881-06-02
The Right of Instruction.


+ er against the right of instruction. l
sets out by saying that the doctrine "a
nlo,astrots." If this be true, the peopl
! of the country from the earliest days o
the Government to the present time
have shown themselves to be very igno
rant or very arrogant, for during al
these long years they have asserted ant
exercised the right It has been rule
and it is only here and there in excep-
tional cases that 1t has been denied anc
violated 1t has been an invariable Gus
/ tom from the beginning of the Govern
ment Scarcely session of a Legisla
ture is held in any State in which reso
/ lutions "instructing" Senators and ''re
questing' representatives are not passed
! The term instruct" as To Senator's Is
/ invariably used because the Legislature
is the constituency of the Senator. The
people Of the Districts are the constit-
uency of the Represe Hence
the latter are requested by the Legis-
J lature. but it will not be assumed that il
the people through organized and legiti.
mate channels were "to instruct their
Representative, it would not be his
duty to obey. The members of the Leg.
islature in passing resolutions OF
instruction" as they have invariably
done, could not have usurped a right
which did not appertain to their office,
or have performed an idle and unmean-
ing part, or been guilty of an 'enor-
nous" offence The Senator who seeks,
or accepts his election by the Legisla-
ture has no right to assume that it is not
his constituency If it is not, who
is? Does he represent himself? If so,
there is at least one despotic and ire
sponsible branch of the Government
and the boasted representative feature
Of our system Is a mere pretence. A
representative is defined to be one who
acts in place of another, but if he sets
up his own will above the will of those
who sent him, can he be their represent
ative?
The Examiner tells Us that ''the
idea" (right tofinstruction) lis molstrous"
and that it sis not claimed by the domi-
nant party in either organization, in
any State in the Union. We do not
know where the Examiner gets its au-
thority for the statement. As before
said, it is "a right" that scarcely a Leg
islature in the Union whether Demo-
cratic, Republican, or what-not, fails to
exercise at every session. 1t is a ira
ditional doctrine of the Democratic par
ty, and in the olden time many of the
Wings held it sacred. Hugh L. White,
(once a Whig candidate tor President)
Felix Grundy, E. H. Foster, Benjamin
Watkins Leigh, John Tyler, William
c.. Rives, Haywood, James Buchanan
are noteworthy examples of distinguish
ed leaders of both the old parties, who
the right of instruction
and either obeyed their constituents in
voting for measures which they did not
themselves approve, or resigned when
prevented from so voting by their con-
5cientiOus scrqples. John c. Calhoun
recognized the right of instruc-
tions, and though it has been recklessly
said that Washington and Jefferson and
Madison "had no patience" with the
doctrine, we defy the production of any
sentiment or expression of theirs to sup
port such statement. One thing is |
their great mother, Virginia, |
always held the doctrine sacred and ex-
acted the obedience of her servants.
Thousands are the instances where
he Legislatures of the several States
nave instructed their Senators and been
,beyed. The cases of disobedience, in
which the Senator assumed the right
o know more than his constituents,
md to represent himself and not the
,eople, can be numbered on your fingers.
We will not ask the Examiner to take
ur word as to the rule of the Demo
ratio party. Here is the example, as
veil as the testimony, of James Buch-
nan, the last President elected by the
Democratic party. When representing
in the Senate, he was
as herein stated in his own
lnguage:
Mr.. President: ! rise to present to the
enate resolution of the Legislature OF
which / received from Gov. Ia
timer. on yesterday afternoon, rec ~asting
leir Representatives in Congress, and in
ructing their Senators, "to vote and use b
leir influence for postponement, until n
lie next session of Congress, of the act
troduced by the Hon. Silas Wright, of
ew York, commonly called the Sub V
reasury bill, or any other act or acts of a /
miiar character and that they vote at
lis session for no act of a similar nature" G
Senator Buchanan next explained
by III his judgment the bill he was
to vote against, was good d
easure-and then he added: y
With some further amendments, which l Z
led not now specify, but which | had in a
nded to move, on proper occasion, | Ia
ould have given cheerful support to this
II. But am instructed and it remains p
r me to decide what course ought to Fl
lrsue under this change of circumstances !,
Ever since | was capable of forming an u
,inion upon this subject, | have believed D
at the Legislatures of the several States
I'd a right to instruct their Senators In
Y opinion this right results from the very IL
lture of our Constitution which is a O,
ederai compact between distinct and SOW
eign States. Is has ever been considered, al
IN but fec exceptions, a fundamental article eC
the political creed Of that party to Uhich [ q,
a proud to belong. | have, in public and 81
private, in the face of the Senate and ia
fore the country, often expressed this II
Union and l shall never preach one doc
inc of political faith and practice another. In
shall never shrink from what conceive %
be my duty, because in performing it Il
ay apply the torture to ulvseIF -