Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-12-20


amination to be both ami and not eer
Ing materially in its substantial practical operations,
from the orthodox standard established by the resolution
OF the General Assembly, would it increase the re
greet OF every liberal impartial MUD, that its author
should have been onGemned and censored when the o.
pinion inducing such condemnation and censure-
was not onsy honest but not essentially erroneous
nat the opinion ones has never been questioned
by malevoeDcc itself far have heard indeed, it
rs impossible all the ingenuity OF malice itself TO sug
ges even rla 1ble motive for its dshonesty still less
could 1t be presumed. that the liberal and enlightened
spirit Of thu General Assembly could fer
moment, such extravasant superstition; and whe
ther the opinion be correct and how tar 1t is
sanctioned denied by the resolution of the General
Assembly ITSELF let beg its liberal indulgence to
inquire.
The opinion then expressed, respecting the founda-
lion OF the true obligation of Instructions far from
denying either the right of the General Assembly to give
them, their obligation upon the Senator, when given
IS IN the following words "a: The influence OF the true OBJ
legation of therefore, arises from the ex
preston of opinion by the legislatures and the
ry high respect which is all times due from the Sc
nator to the expression of such opinion by the egsa
ture OF the state he represents respect which fee
SO strongly, tPot could depart from an opinion
thus expressed, unless in clear and ndispptable
out the point Contend for is that this opion is not
InJunctve, compu sorry mandatory that is not in
the nature of command but addressed to the dscre-
ton ct the Senator instructed taking into due considera
ton all the circumstances of case connected with such
Instructions"
And might have added and probably did add in de-
Cate thogh omitted in transcription, that this very
hgh respect for the opinion of the legislature, derives
the chief portion of its influence from the great proba
bty that its opinion would correspond with the gene
raj opinion of the people of the state and would afford
the best guide to their interests. &c. &c.
The General Assembly has given its opinion upon the
nature and character of instructions in the following
words " Resolved, That is the indubitable right of
the state legislatures. instruct their Senators in
Congress- all points. either constitutional or oiic
whenever the magnitude of the occasion shall re.
quire such interference and that by consequence
dnt,y f he instr
lions provided the instructions be gwen and obeyed
require the Senator eonnu violation Of the con-
Situation, or an acf Qfmorai faafhnde" What is the
difference In the substantial practical operation, be-
tween these two opinions They agree in the follow
ing respects: both admit the right of the General As
sembly to Instruct and that an obligation imposed
the Senator by the Instructions That such obligation
is of very high and imposing characters and ought
not to be dsobeyed except in cerrSn In these
Important respects both opinions concur, and in these
respects will be found all their relations each other Of
practical Importance. They differ, the foundation Of
this obligation. The General Assembly resolves thar it
consists in its positive right to command. expressed
the opinop that IL consisted In the very high respect
due the legislative opinion in the form OF instruction
that the instruction command, but addressed to
the Secretion of the instructed Senator 1t ~U be
Oily seen, that .se differences will not vary in any
teria degree the operations of instructions FOR any
lutary practical purposes, Qualified the principle of
Command is by the proviso to the resolution But per
nit me to test the correctness of these varying opinions
and definitions, by recurrence to the resolution ITSELF.
The first part of the resolution asserts q the induba
be right OF the legislatures to instruct their Sena
tors in Congress all points, constitutional oic
whenever the magnitude OF the occasion shall require
such interference and that by consequence it is the
boupden duty of the Senators to obey such INSTRUCT
ons."
If the resolution stopped here, although deny all
such consequential duty it would certainly Contain the
principle of positive dictum, command; and would
have been carrying into effect the principle of COM
mand asserted by the General Assembly in the pream
bic, to its full extent But the General Assembly have
he
Provided the instructions to be given and obeyed re
qure no: the Senator commit violation " the
sfnufioH, or an oct Of moral tuyd 1t is here res
pecttully asked the General Assembly, who Is to
judge upon these important POINTS, whether the in
strucions require the Senator to commit Uioiation ofhe
corofhn1fon, act ofHoraL frinde, or not.
he state legislature cannot judge, from the very
ture of the 1t has already decided in the Of
instructions itself 1t is its judgment, and its act,
which be judged of Of course. the Senator
judge OF both To adge of acts OF this high and impOs
ing Character quires thought ard elaboration and
judgment must be formed according the dictates Of
this exercise Of the mind It's discretion Upon this
plain and clear Interpretation of this proviso am
warranted IN saying, that the Instructions not in the
nature OF a command but addressed to the mental
peraIions, discretion OF the instructed Senator
commando positive and unconditional annex cpnd
tion OF which the person supposed to be commanded is
10 JudBe and II ceases TO be command. IL may be a
requei, direction, instruction, &c neither OF which
preclude the idea OF qualification or condition
but Il cannot be command Because the meaning Of
the word Command, necessarily precludeS all quali-
cations and conditions Il is for this that the
word command" is never applied to agent, who is
authorised to deliberate upon the subject ofihe supposed
command. II is the common term applied TO military
organizations aud discipline because army is pre-
cuded from all deliberations The characteristic
Of army is, that it acts; thinks not but IL in
clustering soldier in the ranks. conditioA of any
were to be annexed TO the word of command, about
which he was to delbe. ate, and of which he to
Judge, it would be found necessary change the
Phraseoogy something other than the word ofcons
mand." cannot avoid remarking here, that the &c
neral Assembly has been pleased in its preamble to for
Fly its reasoning by ntmating in consistency Of opi~