The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-21
semitic OE<THE U. SYATES.
UNITED STATES BANK.
SPEECH on MIR. BRENT


SPEECH or MR.. BREN7.
Mr.. BRENT said he had not the vani
~ to believe, after the subject had been s.
fully discussed. that he should be able {.
shed any new light ON it (; but having be en-
instruc: ed by the legislature of the state
winch he had the honor to represent: t.
vote on constitutional principles against the
DIV under consideration, and as he was re.
duced to the painful necessity Of. going
counter to those instructions, it seemed &c
him to be indispensaby; necessary that he
should submit 10 the Senate the grounds on
which he acted. Tits (said he) most
painful situation in which stand in relati
on 70 the legislature ofVirginia, in being
compelled to vote in opposition to their will,
more especially as i, isa prevalent opinion
wHn many whose opinions are entitled to
great respect; that instructions are obliga-
tory on Senator. This question is one
which has never been settled or even fully
deiioerated on Instructions when hereto
tore gwen to Senator'S have generally been
IN accordance with the sentiments of the
Senators. and only given to add the greater
wsignt to their opinions. IF called upon
ueHniteiy to pronounce with regard to in
suaCiohs on questions OF expediency, I
might oe under some, difficulty as to what
course to pursue; because, although there
Is no clause IN the constitution to that effect,
am under strong impression that accor,
aineto the principles of our government
.nere Is much reason to believe that the re-
sPecuve state legislatures should have such
. uSne' oot on constitutional question,
1~hatever may be the right of the state
legislatures in other instancesl the ri-ht
OF instruction may be denied, in nv Judge
ment, that is; SO far as to be imperative ON
the Senator. To give vote in such a
manner as IN his estimation to inflict a vital
woano on the constitution. is more than the
legislature OF Virginia or any other state
iesisiature.in the Union can compel me OF
any other senator Of the United States To
do. The resolution of Virginia is bottomed
not on the ground of inexpediency. but on
the principle that the constitution prohib,ted
congress from granting the bank charter in
tue nrst instance; that it now prohibited 1t,
ano therefore. because it was unconstituti
ohai' the legislature have instructed their
senator's In Congress to oppose it. Now
sir, although shall not medlately and di.
recuy violate the constitution by voting a
sahst the bank, yet If Ivote against it when
oeheVe It constitutional and necessary. IT
must be known that I vote in conformity TO
the instructions OF the Virginia legislature,
ana SO lar as my vote goes it will warrant
ana sanction thar Interpretation Of the Con
stitution which the legislature of VIRGINIA
has given-which Interpretation in consci.
ehce believe to be erroneous. Therefore
though IN ordinary cases the instructions of
a legislature may be imperative-N will
NOT determine that question)--I conclude
that they cannot be so when they require OF
senator to Commit either positive or i'm.
pied breach of the constitution, or to vote
i'll sucn manner as 10 warrant such inter
Pretauon OF the constitution as will deprive
it OF an essential attribute. Virginia has
the physical force, but has she moral
right to violate the constitution of the Uni
ted Ptatesf Ii she has it not, can she give
It 10 her legislature 7, her legislature
possess 1t not, can they give it to a Sena
TOT: IAN the legislature give me a moral
rignt to violate the constitution of the u. S
winch have sworn to support! believe
not sir, and that, in the situation in which
4 seand' their instructions ought to have no
operation on the vote I am to give on the
subject under, Consideration.
10 illustrate this question more fully, let
me enquire 1t state legislature should in.
struct ITS Senators to vote FIR a law to take
away the trial,by jury in criminal prose
cution woul id Senator, thus Instructed
who has, sworn to support the constitution
of the U. s. consider himself conseienti
ously authorised to vote for such an uncon
$ itutional measure! When Senator is
elected. he is entitled to hold his seat for 6
years. Suppose that immediately after he
is elected, the state from which he is sent
gets intoa state OF direct opposition to and
ihsurrection against the general government,
ana should Continue so Tor the whole si5,
years, tor which the Senator is elected -
does TINS vacate his seat! Will he not still
remain IN the Senate of The u. 8 and, if he
does his duty, vote for all measures that
may De necessary to restrain the unconsti.
tut'oDai acts and Instruction committed bv
MS slater Either instructions on cons,i,n.
uonai Questions to a Senator are imperative
or they are not. We admit that a 3ena,or
retains his seat in the Senate even while his
state 10 engaged in actual instruction and
feoe'lion, and consequently in the continue d
VOCATION OF the constitution of the u. S..
Whiie oenstor engages in the te!iberati
ohs OIL this, the highest council of the nation.
IS ne TO obey the Instructions of "A state Ie
SisIature who are IN the daily violation of
the constitution of the u. 3. and are endea
vorIng wholly to destroy it by open and de
ciared lnsurrection, and which legislature
VIII consequently instruct their Senator'S "a
pursue such course as will best accom-.
piish The object it has in view In this tl,.
iemma'ii instructions are imperative, which,
u ooeyed, violate the constitutions; a Sera.
tor Will retain his seat ~ the Senate of THE
y. .. for the express purpose of using eve
ry meauS in his power to destroy that con
sutution which he has sworn to- support
q l.