The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-02-01

tic people, they car g once adopt rcc-,,a,
plan of opposition, in which they can com
binc all the resources oftbe community-
They can srcadiiy communicate with each o.
taer Sitt ftiiHsfent states and unite their
co0ta,Q 9s,ces {Nr the protection of their
lcuAnmJii liberty" Even the Fedcralist, then,
syrecs th3l estate legislatures may in.cr-
{Pose 10 pr Vent danger, or to resist usurpa-
tim p.cf9ecrioamy their opposition TO The
i5asaS.,ittatc eide eNi. RI, how interpose !
BY sowins, 81 secds os fictioaia silence? or
~ ar:vs ofoy public and digniic,l instr,,c-
|t'cns Let :ct those, who dcprecatc inres-
tilc tcuds and civil wars, deny the right or
obligation OF Instructions.
The Session of the General Assembly Of
Virginia, ot 1T99-,500, is meanwhile fo.'
" 1he report OF 4 committee, to whom was
rcrcrrcd the communications Of various
states, relative to the resolutions Of the
(then) last General Assembly OF this state,
concerning the alien aid sedi,ion l,ws.'--
an this celebrated state paper, Authoritative
Ter the reasoning il contains, it became ne
cessary tn defend the state right Of interpo-
sition In the affairs OF the general govern
ment: aud it is stated 7" to be plain prin-
ciple, founded in common sense, ilnstra-
ted BY common practice, and essential to
the nature or compacts, that where resort
can be had 20 no tribuaai superior to the
authority of the parties, the parties them
.,clves must be the rightiul Judges in the
last resort, whether the bargain made has
been pursued or violated, The Constitute
on OF che United States was formed by the
soi)ctlon OF the states, gwen BY each in its
sovereign capacity. 1t adds to the stability
md dignity, as well rs TO the authority of the
constisutioh, that it rests on this legitimate &
solid foundation. The states then, being
parties to the constitutional compact, and in
fheir sovereign capacity, it follows of neces-
Pity that there can be no tribunal above their
Brfhorty 1t is the sovereign authority of the
kstates exercised by the Legislatures that is
Mere spoken of to decide in the last resort,
whether the compact made by them be vio-
lated and consequently, that as parties to
1t, they must themselves decide in, the last
resort, such questions as may DE of ysufIici-
ent magnitude to require their nterposition.2
In the passages above cited be orthodox
the tnain propostitioD which hath been above
irgeti, to prove the right of a state legislature
10 instruct it's senators, is established-that
The sf&te legislature is clothed zvifh the ge-
neral ATTRIBUTES Of the state sopereignty
IhoA doctrines, too afford a plain infe-'
renee. tRat instructions from the constituent
egslatuSes to their senators in Congress,
ire pabi6 acts within the sphere of that por-
ton OF thastate sovereignty not retained BY
the people, nor delegated by the constitution
OF the United States to the general govern
nent, but represented and possessed by the
xate legislatures.
IN And II those doctrines be correct, there
will le-an ead also .to-eitst-tiis which
mas been insisted On. Observation-Disclosures on
ConstltutIohal points, which have been said
sInS to- De obligatory on seRa4.r, & i.lstruc-
items on marrers-of policy, Whfh are allowed
to be obligatory. On the NnAsS, it would
appea1th if there be any Inference in the
obligation OF such Instructions, those of the
torper description are OF the stronger obi
CATION since the infraction of the bond of
union, gives the states the strongest claim
to Interfere though measures of evil policy
might be attempted, which would equally
Jeopordize the independence of all, and CON
sequently the happiQsss OF each, as any vie<
latien of the constitu%.
The General Assembly will not offer aG
ditional argument to fortify the conclusive
reasoning 1T The Federalist, or of the As
sembly Of 1899 1900, above referred to.
AT the session of the General Assembly of
| 1879 1880, also, various instructions were
given to our then Senators in Congress-
1t is belle we'd that neither the right, nor the
obligat oh of those instructions was then ques-
toned. Cannot escape observation that those
instructions, as we'll as the report above
mentioned are sanctioned with the recor-
ded assent ct the same honorable sena-
tor, who has since denied the obigah-
on or the senator to obey, while he ad-
nitted the right of the state legislature to
instruct which is precisely the relation,
notbetween the state legislature and a Sc
MAJOR, but between it ami a member of the
house OF representatives senator is in
serHcfed u representative requested. The
honorable senator formerly voted to instruct
our senator's and to request our representa-
tves. To i7Sfruct---is not merely to re COM
mend /: an instruction to a senator, in con-
tradistinction to request to a representa-
tive, implies a command. ~ is useless to of
fer proof, that the right TO command Implies
. TIE duty 10 obey. And it is hoped, that the
language OF tie honorable senator was either
not matuiely Considered or not correctly re-
ported
! 1t hath been stated to the world, that the
| legislature of Virginia instructed their sena
tors Ill 1903, 20 use their best endeapours to
obtain amendments to- the Constitution OF
! the United States, which would, in effect.
| give the state legislature. the right OF re-
Calling their respective senator's i'll Congress;
and that this instruction was SuE$!aHtjaAu
| dIsobeyed The fact may have been as sta
ted. - is only mentioned nc e tirat IL may
DC remarked, that it passed WITHOUT cel,sure,
| only because 1t passed without notice It nc
VeE vas understood as an act OF resistance to
( Instructions.
| Nar'ols objections have been urged to this
Clam of the cons. ituent, of right 10 instruct