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

- able TO bsstow upon the subject thus pre-
s,pted for consideration. l therefore con-
clude, if the state legislatures possess the
r;,.ht; to instruct Senators OF the United
SITES, chosen by them respectively, It is
AZ, incomplete right without remedy,
or with very remote one. The lnilu-
s,cc or the true obligation OF instructions
err fore. arises from the expression" OF
,n,;nisn BY the state legislatures; and the We
-. b;,b respect which is at alltimes due from
az senator to the expression OF such opinion
he the legislature Of the state he represents
4 respect which feel so strongly, that ne
yer would depart from an opinion thus
pressed, unless In clear and indisputable
case; but the point contend for is, that this
opinion is rot inlunctive, compulsory or man
datory. That it is not In the nature of a COM
raand, but addressed to the discretion of the
senator instructed; taking into due consider
alton all the circumstances OF the case con-
nected with such Instructions.
1t may be said that the senator is responsi-
bic TO the legislature, which appoints him at
the expiration of his term of service; this is
,rue, if applied to the individuals who may
compose the Legislature at that time; but it
does not vary my conclusion; because every
act that he performs, whether instructed or
not, is an act of responsibility and the most
which can be inferred from this idea, is, that
it encreases his responsibility, and would ma
rurslly produce caution; but cannot affect his
right to disobey.
(SEesch TO BE continued.
1t is presumed that this qvns the sense IN
xshicA the Legislature IF Virginia vie7oed this
.utiect in 1900. Ia the memorable mstructi-
CTS of that dcy, the Legislature hrsfaees them
xs,h a declcrat;oa to TIE Senator's Of The United
States. that they deem it imtortant to er1iress
their ot:,.iona,' uton the subject Of instructions.
Then f5lloqys a course Of reasoning TO convtlce
the Senator's Of the frotr7sty Of the OPINIONS
thus e.rtressed. The Instructions IN this case
therefore 4yere clearly addressed to ths discreet
on ofthe Senator's and 10. considered as i'm
tosine tositive commend.
In 1865, the Legislature Of Vagnia instruct
ed the Senators Of che state IN tie Congress Of
,he Un:t:d States, TO use their best endeSUorS
TO obtain amendments 20 the constitution ofthe
United States, which in effect zvould make the
Senator's of the United States readable q. the
Measure or EEC be SfSs1tHfeS " ENc fcSECCEVc
states. II is presumed that the Legislature
did no. cons:aer lis Instructors mandatory, and
THAT tie instructed Senator s0as bound 10 obey,
or III other cords, had no right TO disobey Be-
cause ifthe Senator zras Bound to obey the IN
,fructions of tie Legislature, Il might instruct
hin, 20 resign, uton the same frlncltle 7ohich
e,ould autaorise inssrucrfonS hoSo 10 vote---and
,fthe Instructions Be mandatory, the Instructed
Senator 4yould Be 6o.ind to resign as eyeN as
vote confornably thereto---oF course such an
amendment 10 The constitution goouid be anne
eessary. 7hs Senators from Pi,sini0, s,ith the
mos, rrstectfa attention 20 The opinion er-
crossed 6y the Yirgiaia Legislature, in the
most reshectfm terms presented the obstruction
% the consideration ofthe Senate but neOer
,soueht themselves bound 70 use their best en-
.,ea,,ors 20 obtain the amendment 90 the c0aSti-
t,tiou, as they 7.cre Instructed to do The Le-
pielat,re, hozrever, Jfors9orded The Proposed a.
,,snd,aent to tie other state legislatures for
concurrence; and 0s. far cs iHf2rnation is yet
recezed. the Profession has been unanimously
disathroved By erery ssate Legislature s2h'ch
has acted ufoH IL.