The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-03-12

IreSrctS tNat our senator, MT. K'Chart
Brent. has. by MS Woe OH he question o
RECEIVING the Charter of the Bank OF tn,
, United States, undertaken to disobey and
set a, nought, the solemn instructions OF the
Legislature of his state. his Immediate con
stituents.
On what grounds Mr. Brent has thought
proper thus TO act, cannot Jude stand, *
| apprehend that he will find it difficult
ma,ter'to Justify his conduct before the Gene
raj Assembly. Ihad always understood that,
although the delegate is at liberty TO vote
according to his best Judgment, when unin.
structed, yet that the people have Il right to
lexpress their opinions whenever they shall
Choose, on any particular occasion to do so,
and in such case the delegate is actually
bound to express, not his own, but his con-
Ist'tuents' opinions j had supposed that this
position had become 4 Maxim, and that If
It was correct IN the case of Instructions
from q county, or District, that it would
hold good fortiori, in the case of instruc
tons from a Legislative body TO its inme-
diate Representative. The order which
prevails in our state legislatures the dis
cussion which prevails whenever a Consti-
stitutional and important question is
brought before them, ought to give To Lee
gislative instructions more weight than po-
pular instructions. / can readily suppose
that where the constituent body directs its
representative ogive voie which he con-
scientiously believes will violate the consti-
tuition OF his country, scrrpulous and up
right man would rather resign his Office,
than sacrilegiously inflict wound on that
sacred Cha,tr
But, in The case before us, no such apollo
| gy car be made fer Mr. Brent. The Legs
lature of Virginia were OF opinion that The
incorporation OF a bank was beyond the pow
er of Cougress-that the constitution would
not warrant it, and theref re directed their
Senators To vote against its renewal. Mr..
ben could not have supposed that. to Vote
against It's renewal, was breach of the
constitution. He must therefore have v0-
ted solely on the score of EXpedency. |
presume that he or ginally thought that the
establi shment OF national bank was re-
pugnant to the constitution. and that he has
! allowed his own convictions to lie removed
ny the flnsy pretex' of an acquiescence in
the constitutiOnality oil it, by the different
branches OF the Government. But be this
as it NAV, it is cle9r that he has opposed
his own belief of the eXpediency of the law
20 the strrng c0nsti utional objecuons o the
| leg Stature, He, and his constituents are.
there fore now completely at issue. The le-
| gislature says you must vote against this
law Mr.. Brent says you Virginia Legis-
!
incap bic of forming q correct opinion on a
cons itutional p int, i'll not lis,en t. your
Instructions, / will act as if 4 received
them not What will the Legislature sa,
to conduct OF his kind when they next
meet ? Win they rot tell NJ Brent that
he has lost their confidence; that he is
not their Representative; rh4t he has mis-
represented their feelings, their wishes and
their opinions The Legislature have ta-
ken ground from which they cannot re-
cede ith honor. They must tell MIR. Brent
hat although they Cannot remove him for
tour years, yet he is not the proper organ of
taei :, ntlments If they do not act In this
way tney must relinquish their right of 81
wing instructions, for it would be foolish *
| futile IN tue extreme to say that it is pro
| per to instruct, and vet that the Represcn
tative may depart at pleasure from these
instructions II am no Enemy Of Nh Brent.
| On the contrary, j v,ted for him as A 81.
ator OF the United States; but although I
respect his virtues, and admire his Aliens.
| la not think that an important principle
should be sacrificed, rom mistaken del
Cacy to his feelings.
liz papers tell the Truth Mr. Giles
seems also to have acted singular part ON
this OCCASION We are Cold that he voted =
galnst the renewal OF the charter, and in
ms speech used irretragable arguments to
prove its violation of the Constitution. Not
satisfied however, with proving that his
vote would be right. he furnishes his oppo-
nents with arguments and protests against
the practice of giving Instructions. Il is
said that he advanced the exploded and RI
dlcuIous position that a Senator was not the
representative of his immediate Safe, but
of the whole United States aud that Al
though the states had right TO instruct y ct
the Senators had righr to disregard them.
M. Giles's heresies, however, did not pass
Hoticed.
M Henry Clay, of Kentucky, (whose
shining talents and patriotic Course if per
sis'ed IN, viii one day raise him o me
highest hon rs) after eulogIzing the sound
ness OF his logic, held up he double ashact
OF this extraordinary speech to the rdicule
Of he house and Of the n ton.
Every days experience convinces us nfthe
danger of long elect ops. A man who is e.
lected 'or six years feels himself too indie
pendent of his Electors He either cares
not whe her his conduct is disp!easing, or at
least hopes that time will throw mantle o
yer his errcrs, or that the good nature of his
lcountrymen viii forgive his aberratioiis. |
am inclined to think that our Senators. great
as are their Talents, and conspcuons their
public virtues, had their tie ms been about IN
expire, OF had they been elected for one or
two years only, would not have DARED.
the one to- vote asaln5', the other to spe k
IN derogation OF, the deliberate and solemn
| Resolution of their Country.
A VIRGINIAN.