Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-05-28

Only u GC lA1S GoAAs' rNN'''S Qu.
IL of Congress, to do SO.
will now proceed to anliadyert upo,
sornc important observations made by two
gentlemen upon the right OF the legislatures
ofthc respective states to instruct the Seiia-
tors of the United States.
Acting, as l now am, Mr.. President, under
the influence of Instructions from the Legis-
l,,urc of the st,,te have the honor to rcpge.
sent, feel myself imperiously called upon 10
notice some observations, which fell from tie
hon. gentleman from Georgia Mr.. CrawforD
end the hon. gentleman from Pennsylvania
(Mr. Leib) in relation to that subject.
The hon. gentleman from Georgia, (Mr
c. feelingiy complains OF the tendency oi iI-
structions from the srcaf states, to embarrass
the proceedings Of this government, by CIV
ing an undue bias to the deliberations, and re-
straining the free exercise OF opinion LII this
honorable body, sc. &c. Without particular.
" adyerting to the emphasis laid by the he
norabIc gentleman upon the term " GHEAr
STATES" agree in general with the gentle
man in his opinions in that respect. But, Sir,
in the prescnt case, it may be observed, that
the question Of instructions to senators VS.
first moved in the state OF Maryland. Now,
sir, Maryland, although grrat in virtues aid
resources, is not SO "Sreat in'polnt Of popula-
ton and extent Of territory, as to have obtain.
cd the denomination OF great stare" Tie
proposition, then, however, was rejected by
one vote. a similar motion, am informed,
is now depending before the legislature of
New-Jersey. New-Jersey, like Maryland, al.
though great In virtues and resources, is not
SO great in point of population and extent of
territory as to have obtained the denomination
of sreu. state" Indeed, Sir, the right to
instruct senators has not been exclusivelyact
ed upon by the graz S'ates, generally SO call.
ed, during the operations Of this government;
but, l admit, has been more frequently re.
sorted to by them.
The gentleman from Pennsylvania (Mr.
Leib) after having read his Instructions, in.
formed the senate, that lac represented one Of
the great states which had given Instructions,
and that he felt himself absolutely bound by
them in the vote he should give on the pre-
sent Question; that he considered hiInselfthe
representative OF the Legislature Of PeAusyiua.
MA that it was the principal, & he the agent
& was bound to carry into effect its will, &c.
However high may be the respect general.
ly entertain for the opinions Of the honorable
from him in these opinions. I feel myself
compelledtoo, to express this dissent; lest it
might be supposed, that being similarly cir
cumstanced with that gentleman on the pre-
sent question, my conduct might be influence
ed by similar considerations.
do not consider myself the representative
of the legislature Of Virginia, although l feel
the most unbounded confidence in its wisdom
and patriotism, and the highest respect for its
proceedings. consider myself the represent
tative of the tteatle efhte q. S:ates, delegated
to that character by the legislature Of VIRGINIA.
AS an evidence OF the correctness of this opj-
mon, / have only to remark, that the laws
which contribute to pass in the character Of
Senator, are extensive with the U. States,
and operate uton tile heofle thercefm theDr IN
dividual cahacities. They do not operate ND.
On the state legislatures in their corhorQte
characters, except in cases where in that cha
racter they are connected with the federal 90.
vcrnment, or instrumental in the execution of
some OF its powers. Still less do they operate
uton the legislature q Virginia erclusiveiy
OF course cannot consider myself as the re-
preventative OF that legislature erciusiUeiv,
as It's agent, and bound lii all cases to execute
It's will upon this floor &c. SC. It is no, ne.
cessary, ror do mean to question t:le right of
the state legislatures, SO long practised upon,
to instruct the Senators Of the United States,
chosen by them respectively because that
might produce ar: unmeapiug and useless dis
cusslon about terms but mean to enquire,
whether the exercise Of TIE right imposes
constitutional obligation on the Senator Ia.
structed, to obey IN what the real obligation
to obedience consists whether the instruct.
on IS inJunctivc and compulsory on him, or
addressed only to his discretion; or III other
words, whether the Senator instructed has not
right to disobey And whether such d;sobc.
dience violates any moral or political obligati'
On also propose to make few observations
on the operation Of instructions upon the tedc-
raj government and its proceedings That the
Senator instructed has constitutional and le'
gal right to disobey his Instructions, is most
obvious to my understanding, from the sing.e
consideration, that law passed bya vote II!
Hiso5eS,erce OF Instructions &c &C Wild a. q law