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

he principle, tina: mankind IS competent 10
seit-govcrnnent, should be rcnoanced.f he
itrutl, Is, that our Institutions suppose, thu,
l etthongh the representative ought to't,c aud
generally will bey selected for superior. vir-
Ituc & mtc',igencc,veta greater miss OF wi,
dom and virtue st,.i reside, IN lie cons,itu
tent body, than the utmost portion ted
20 any individual.
bat ii has peen SAID, tha, 2 state rcvcrn-
ment may instruct its senators tu viai ate the
constitution Ct the u. StatcS-tliat Il state,
IN actua! insurrcction Sainst the geacral -n-
NernTreiit. ii'ay instruct IT'S senators, 10 r.io-
mote tic cause ot rebellion and it is askc |,
whether tiie senator would be bound BY such,
Instruction, to violate the CONSTRUCTION hc
had sworn to preserve, aud to overthrow
the so"ernm ut he had sworn to defend
? At may be answered, in tue first. place
that the particular Instruction, which forms
the SUBJECT OF present consideration, could by
no possibility involve a breach OF the CON-
sutution CT the United States. II might,
and In the opinion of this Assembly would,
nave been unconstitutional to charter the
bank OF the Y. States anew but surely. it
Could not possibly be deemed unconsttu-
tional, not to char.er it.
AS to the rest, without Determining the
point, which has been taken for granted
tnata state in open rebellion ag ,nst the
general government, would still he enttlei
to ITS representation in the senate of the ".
States, which, to say the least, is extreme-
iy doubtfal-it is admitted. without difficulty,
that it state instruct its senator to give a
| vote plainly unconstitutional, or raise the
standard OF rebellion, the senator is not bound
to obey such instruction. Every case, such
AS that supposed, must $ and ON it's
own peculiar circumstances /; it s,pposes Ill
bounds OF right transcendcd, all Legitimate
rule Frustrated and the propriety of OPP
opposition must be determined by the Ma.
tue ot the injustice, the extent of The mis-
chief. and the prudence OF resistance But
1t Is no argument against the exercise OF -
lawful power, that 1t NAV be made the pre-
text Tor the assumption of an unlawful pow
er. The right of Instruction, rigattaiiy ex-
ercised, with no evil intention, to no PERM
cious object, cannot be affected by the ad-
mission, that il either state government.
or the general government, become corrupt
ana ambitious, and usurp tyrannical power,
1t may Oh right, and ought To be, resisIe t.
he admission is cheerfullv made The
General Assembly of Virginia l. in capable
or affirming the exploded doctrine of noil-
resistance
Finally, it has been objected. that the in
structions OF the Constituent are not obga-
,ory on the repre- because the OBJ
legation insisted on is fortified with no sane
ton the representative cannot be punished
~ his dlsobedienCe, and his vote is valid
Notwithstanding his disobedience. 1t is true,
than there Is no mode of leg a punishment
provided for this offence, this default of du-
ty and that the act Of disobedicnce will not
invaHdatc the vote. 1t is true, too that a
representative may per, crsely advocate
measure which he knows to be rdinous t.
his dbnntry and that neither his vote will
be Ivaidated by his dep.avity, nor Can he
be punished by law for his crime, heinous
asbt surely is. But it does not follow, that
! t9e one representative is nat bonnd TO obey
Yle fustructfons gfhis constituents, any more
khan that the other is not bound to obey the
dictates OF his conscience. Both duties stand
upon the same foundation, with almost all
the great political and moral obligations.
ne noblest duties of man are without any
legal sanction the great mass of social du-
! tics-dutcs the most important, most sa-
cred, most usefui-our duties to our pa
| rents, to our children, to our wives, to our
| families, to our neighbour, to our country,
our duties to God, are, for the most part
without legal sanction, yet surely not with
ont the strongest obli-s ttiCn, The duty OF
the refresent0tfUe to obey the Instructions
ot the CONSTITUENT budy, Cannot be placed on
higher ground%
Such arc the opinions of the General
Assembly of Virginia, on the subject of
this great right of instruction. and such the
general reasons on which those opinions
are founded. Inc subject is susceptible OF
various other, and very strong, views,
which are not pretcrmitted because they
are not understood. but because they are
deemed Unnecessary.
lF~~1. Resolved, therefore, that this Assem-
bly, doth highly and equally disapprove the
conduct of both the scnatsfs of this state i,
Congress, in relation to the subject OF the
| bank OF the u. States, and TO the inst NC
tons concerning the same, given tn the
said senators, by the General Assembly Il
| the last session.
~. Resolved, That it is the indubitable
right OF the state legislatures, to instruct
their Senators in Congress, on all points,
either constitutional or polite, whenever
the magnitude of the occasion shall re-
| luirc such interference and that, by con-
sequence, 1t is the boundcn duty of the~en-
| ators to obey such instructions provided
thc INSTRUCT MS to b. giver and, o5cyed, re-
! 4lirc not the senator to CON nit a viola
ton of the Constitution, Oh an act OF NOR
al tmpitdde
| rs3. Resolved, that after this solemn OK
| preston of the opinion ofthc General AS
| scr5y, III the right Il Instruction, ana the
! dutytot obedience thereto, no man ought
thencefo'th to accept the appointment Of a
Senator of the v s. from Virginia, who
d th not hold himself bound to obey such,
Instructions. -
-! ron THE EyrQLTIREP