The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-04-12

lives" The question WAS certainly taker
up in Congress, but no decision was had or
4 i-and ii the reason. stated lay Judge luck
err, for their evading it, be the true one, il
is certainly not very complimentary to- the
principle, OF that body The person
chosen (says he, p.l9l. Voi.1 seems to be
s richly tae delegate Of those by whom he is
chosen, and bound by their instructions
whenever thew think proper to exercise the
right. a defence OF the maxims OF the
British government probably prevented the
lteeision at the question, when agitated IN
Congress in the form OF an article to a pro-
posed bill of rights"
| The fact however. is, that on certain oc-
casions, the people have acted ON the idea
ut this right--and the States have, in nire
striking degree, exercised it whenever they
thought proper. Such is the case. which
has directly led the way TO this discussion
and. experience proves that the Legisia-
lures of the States have never hesitaied to
appeal to their respective Senators, as ifthey
were board positively by their appeal.
| Their language has generally, it not univer-
sally, been ofthis stamp, Resolved, 1 hat
the Senators from this state be Instructed,
and the RepreseDtatives"-.ha Why
barely "re9uested &c. 8c.--Wc, in com-
mon with our sister states have used it
our Legislature used it, as to the suability
OF states. On january, 1903, they agreed
10 paper. which was he AIDED "INsrRUc
Ttoks from the Genorel Assembly of Vir-
Isinia, to s. 7. Mason aud w. e.. Nicholas,
Senators from the state of Virginia, in ihe
c. of the u. S."-which, af.er long pre-
amhle, concluded with. an enumeration of
certain points, which the Senators were Sin
structed to use their best eff .rts" to effect.
The very last Assembly had, clearly, no
doubts whatever Of the right, when they
instructed their Senators "to use thei, best
ef1o, IS in opposing, by every means in their.
lpower, the renewal of the Charter of the
Bank of the U. States"
| In the other scale, what have we Hum
phrey M ,rshall and Gouverneur Morris
who both flew from their instruction. the
one. as to the .Hlien md .Sediiion Laws, the
other as to the Discrin,ina ring trincihte, of
vote, with respect 10 the Pre- sident & Vice
| President-Men, who were calculated to
give every thing but weight and dignity to
| their opinions.
Such was the state Of this question, as it
1 regarded the authority of naues--such W as
the relative weight OF precedent and prac-
ticc when 10 in the last Congress of the
U. >. some men have arisen. whose past
lives were calculatedto give some grace TO
the ideas of Morris and Marshall. Senators
from the States OF Virginia, Kentucky, and
New -JerAey, were found casting off their
instructions. and voting for the Bank of the
u. S.
The question assumes a new interest
from this circumstance-We shall take II
up. on ITS own merits only, free from the
weight OF authority-and we shall attemp,
to show, that one of the strongest cases, tina,
can be stated, in which a representative is
bound by instructions, is the very one be
} fore us--;hat is, where a Senator of tin, l..
5. isinstrucsed by his owp state, on a greaI
constitutional point.
/ In the London TIMES, there are some
elaborate Essays on the subject of our dit
ferences with G. B.--The DRIFT of the wri-
ter isto prove, that the French DEGREES we're
NOT repealed that the President Of
the United States had no right to- insist OF
the REIMBURSEMENT OF her blockade of 1906, a,
as well as her o. in C.-and that she had a
right to require, not only that the DEGREES
should be resCinded, but 8. that the COM
merce OF neutral nations be restored to the
state in which it stood trior to the Berlin
Decree. The 1st isa matter of fact, and
must, OF course, await the test OF expert
Ience.
Is &c the Cd, the writer after a vain at.
tempt to show that il involves no new prin-
Iciple contrary to neutral rights, goes on ir
the following strain:
ceased to exist, or at least to operate. II
/ was merged in the more extensive order oil
November IL, 1907, which having been for
maliy repealed BY that of April 26, 1909
) and the latter reaching no further than tc
the northern boundary of Holland, the orr.
. gnal order of 1906. has ever since been con.
sidered cead letter. mention this with
reference to the Presidents statement, tina,
: 1t is still nnrescinded ; which cannot Blu,
conceive to have originated in some error
; either in England or America and there
fore trust that the amity Of the two coun-
tries will not be disturbed by any needless
discussion on this subject"
The writer himself shows gus zvhv we
insist upon this point 1t was merged in
the order of Nov. 1907" it is now a dead
letter." But would il be so, if the orders
OF Nov. were to cease! Would it not at
once revive against US The writer seems
to admit, that though it may not oherate,
lyet 1t may still exist--for, why else, draw
the line between the ceasing to exist, and
ceasing TO operate And yet cit is dead
letter p'z-hll that we require from G. B. is
what merely. that she would say that it is
q dead ietter-or in other words that, If the
orders in G. cease. the blockade of MAY
: will cease along So;th them.
AS to the Cd. proposition, he argues upon
it thus:
The remaining question arises on the
CONDITION which England requres, previ-
lously to the abandonment OF system, .by
which she has effsctuaily ret,,rted on her