University of Virginia Library

TO——

DR. SIR,—The letter of Mr. Leigh to the Genl.
Assembly presents some interesting views of its important
subject & furnishes an excuse for reflections
not inapposite to the present juncture.

The precise obligation imposed on a representative,
by the instructions of his constituents, still divides
the opinions, of distinguished statesmen. This is the
case in Great Britain, where such topics have been
most discussed. It is also now the case, more or
less, and was so, at the first Congress under the
present Constitution, as appears from the Register of
Debates, imperfectly as they were reported.

It being agreed by all, that whether an instruction be
obeyed or disobeyed, the act of the Representative is
equally valid & operative, the question is a moral one,
between the Representative, and his Constituents.
With him, if satisfied, that the instruction expresses
the will of his constituents, it must be to decide
whether he will conform to an instruction opposed to
his judgment or will incur their displeasure by disobeying
it and with them to decide in what mode they
will manifest their displeasure. In a case necessarily
appealing to the conscience of the Representative
its paramount dictates must of course be his guide.

It is well known that the equality of the States in
the Federal Senate was a compromise between the
larger, & the smaller states, the former claiming
a proportional representation in both branches of
the Legislature, as due to their superior population;
the latter, an equality in both, as a safeguard to the
reserved sovereignty of the States, an object which
obtained the concurrence of members from the
larger States. But it is equally true tho' but little
adverted to as an instance of miscalculating speculation
that, as soon as the smaller States, had secured
more than a proportional share in the proposed
Government, they became favorable to augmentations
of its powers; & that under the administration
of the Govt., they have generally, in contests between
it, & the State governments, leaned to the former.
Whether the direct effect of instructions which could
make the senators dependent on the pleasure of
their Constituents, or the indirect effect inferred from

such a tenure by Mr. Leigh, would be most favourable,
to the General Government, or the state Governments,
is a question which not being tested by
practice, is left to individual opinions. My anticipations
I confess do not accord with that in the letter.

Nothing is more certain than that the tenure of
the Senate, was meant as an obstacle to the instability,
which not only history, but the experience of
our Country, had shewn to be the besetting infirmity
of popular Govts. Innovations therefore impairing
the stability afforded by that tenure, without some
compensating remodification of the powers of the
Government, must affect the balance, contemplated
by the Constitution.

My prolonged life has made me a witness of the
alternate popularity, & unpopularity of each of the
great branches of the Federal Government. I have
witnessed, also, the vicissitudes, in the apparent
tendencies in the Federal & State Governments to
encroach each on the authorities of the other, without
being able to infer with certainty, what would
be the final operation of the causes as heretofore
existing; whilst it is far more difficult, to calculate,
the mingled & checkered influences, on the future
from an expanding territorial Domain; from the
multiplication of the parties to the Union, from the
great & growing power of not a few of them, from
the absence of external danger; from combinations
of States in some quarters, and collisions in others,
and from questions, incident to a refusal of unsuccessful
parties to abide by the issue of controversies

judicially decided. To these uncertainties, may
be added, the effects of a dense population, & the
multiplication, and the varying relations of the
classes composing it. I am far however from desponding
of the great political experiment in the
hands of the American people. Much has already
been gained in its favour, by the continued prosperity
accompanying it through a period of so
many years. Much may be expected from the
progress and diffusion of political science in dissipating
errors, opposed to the sound principles
which harmonize different interests; from the Geographical,
commercial, & social ligaments, strengthened
as they are by mechanical improvements, giving
so much advantage to time over space; & above
all, by the obvious & inevitable consequences of the
wreck of an ark, bearing as we have flattered ourselves
the happiness of our country & the hope of
the world. Nor is it unworthy of consideration,
that the 4 great religious Sects, running through
all the States, will oppose an event placing parts of
each under separate Governments.

It cannot be denied that there are in the aspect
our country presents, Phenomena of an ill omen,
but it wd. seem that they proceed from a coincidence
of causes, some transitory, others fortuitous, rarely
if ever likely to recur, that of the causes more durable
some can be greatly mitigated if not removed by
the Legislative authority, and such as may require
and be worthy the "intersit" of a higher power, can
be provided for whenever, if ever, the public mind
may be calm and cool enough for that resort.