The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-04

ted States, delegated to that ctsracrer b
the legislature of Virginia. As an evi
ae"ce OF the correctness of this opinion
nave only to remark, that the laws which
C'n'r'oute TO pass in the character o.
| SENATOR are co extensive with the Unites
ocates anu operate upon the people there
OF IN their individual capacities. They d,
nor operate upon the state legislatures ir
thelr corporate characters. except In case.
| wnere IN tina. Character they are connectet
win ire federal government, or instrumeD
.ai IN me execution of some of it's powers
"u'i less do they operate upon the legisla
'u'e OF virginia exclusively, of Course.
| cannot consider myself as the represen.a
tive hatIegisla,ure exclusively. as its a
gent, and bound in all cases to execute lis
VIII upon this floor, &C. &c. 1t is not ~.
cessarr, nor do mean to question the RICH
vi the state legislatures. 80 long practised
upon, to instruct the Senators of the Unit ed
otates' CHOSEN BY them respectively be
cause that might produce an unwilling and
useless discussion about terms; but mean
% enquire, whether the exercise of The right
imposes constitutional obliga ton on the
Senator instructed, to obey: In what the
rear ooigatioD TO obedience consists whe-
ther he Instruction is injunctive and COM
Puisory on him, or addressed ONLY t. his dis
~ iu OtutT WORDS, Nnefner the
oenatorr'sructed has No., "A righ' to DISC
bev! And whether such disohed;ence v,c,
Id es am moral or political obligation
a'so propose t. make q few observations on
tue operation ot instructions upon he tede
raj government and ITS proceedings That
tue Senator instructed has a constitutional
ana 'egai r'sht TO disobey his instructions,
- '"ost obvious. nv understanding, from
the single Consideration hat a law pass
ed by vote in disobedience to inst ucti
ons is as valid as law passed bv vote
VI "oedence to instruction. Obedience to
Instructions Is no where commanded. Nor
- opeqlehce OF instructions any where pro-
nlo'ted by any written law or constitution
nc ac' OF uisobedience does not subject
'ne disobeying Senator to any punishment
whatever; of curse the disobe dience of in
s.rucuons violates no political duty, and if
me instructions be addressed only to the
diScretion OF the Senator, his disobedience
U. mem violates no moral obligation; pro
V'ueu ne exercises a sound and conscien-
t,nns discretion, founded upon the best re-
ne is able to bestow Hpon the sub
Jeect nus presented for consideration. ri
heretore conclude. ifthe state legislatures
posses the right to INSTRUCT Senators Of, tle
Cnhed states. chosen by them respectively
II Is an incomplete right without a rene
o!' OF with a very remote one. The infu
e :, or inc rue obligation of instructions.
ene'elore' arises from the expressions of
OPINION bv the state legislatures; and the
very nigh respect which is at all times dine
from the Senator to the expression of such
o1ihion by the legislature of the state he
: pr, sents-A respect which, feel so strong.
~ NAT never would depart from an opi-
mon mus expressed unless in a clear and
lnd'spu'abie case; but the pom 1 contend
'or u, nat this opinion is not lniunctive
mpulsory or mandatory. that il is nc,
III NE nature OF a Command, but address
e1 20 tbs discretion Of the Senator in + uc,
a. taxing into due consideration all the
OF the case connected with
sach in iructions.
1t NAV De said that the Senator is esnon
t The expiration of his term of service
MS Is rue, IT applied to the individuals VIII
lay COMPOSE the legislature at that time
~ 's does not vary my Conclusion because
very ac' mat he performs whether in
C'eu or not Is N aci OF responsibility
~ the most which can be inferred from
us loea IS that L increases his responsibi
- ana would naturally produce caution
ut cannot affect his r,gh to disobey.
1t cannoI escape attention. that ! purpose
y avoid all observa ions upon the ,ights of
me people, as the legitimate source of all
over IN their highest sovereign capacities
md upon whom all laws pa Ssed by their
representatives operate in heir individu.l
characters, to instruct all their represen
@tiYes, which i presume, if practicable
"euih not be denied by any because such
discussion would be unnecessary nm,
Tue present question The enquiry am
70 king respects the right of one set of r.
I.reseniatives ofthe people chosen for cor
tam purposes, TO give mandatory instruct
1t is presumed that this was the sense IN
which the legislature of Virginia viewed tb;.
subject N 1900 In the memorable jns,ruc,ions
OF tea day, N Legislature prefsces them with
II declaration TO the Senator's of the u. tia,
they deem It important Ito EXPRESS their oD,n.
n. upon Che subject Of instruct on,.-Ths n
follows course of reasoning to convince tne
> majors OF he pfopriety the opinions thus
expressed The Instructions in this ca e there
7 re were clearly addressed 10 the discretion of
the Senator's x not considered as imposing
positive command
H. 1893, he Legislature Of Virginia instruc-
I'd the Sena ors of the state in the Congress NJ
he u. ). TO use their Dest cndeavurs TO Obtain =,
meHdments to the constitution of the II s
which, IN effect wonld make the Senators nftbe
u. readable at the pleasure Of tie Lec,sI.-
lures Of the respective states. l. is prcstlr,, RI
hi the legislature did not consider its instruc-
tons mand tory, and that the instructed Sen tor
was b'nHd to,o5ey,or in Other wpris,h.d ORC. I
TO disObey. cause ifthe Senator WAS .,u, Il
to obey the Instructions Of the Legislature. Il
might instruct him to resign, upon the same
r. .t,rar lie .syia I'll