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

ger the privilege reserved to him in the proyi.o he
Is lett sole Judge, whether such would be an act
moral urpltude or notl If then the General As
seihoY' In the body of its resolution has imposed a
peremptory obligation on its Senator TO chew IFS nsrc
lions on all points, constitutional and polite and in
It's provso exempted him from this obiea o., ali
points constitutional and petite" under certain cir
1ustahces connected with each of which he Is excu.
sFey TO Judge; such instruct ms necessarily
u ILssen.iaiy addressed to his dscretioni And is
'hs usCretion, sanctioned as it is by the conditions
OF the prev,so complete defeasance to the pripciplc
OF Peremptory command, asserted i'm the preamble bv
the Geueral Assembly But another observat; ion of n
sun more imposing Character here presents itself. The
Sne Oh the Senator to dSobey the command of r STAFF
legislature is, by the p.ovso made to depend upon the
soronS OF the state legislature ITSELF which command
d.a oTons the Senator IS necessarily maize the excu.
sVe Judge. ii cHlfa6le dct of legislature app
pears to me TO be 6asis for the yfgbt os
the senator to rest on and by providing the remedy
impediy at least, admits the legislatures to be
capable of committing the descriptions of rvrongs
guarded against in the proviso.
lowing words ..
" The influence, the true obligation ofginsructions
therefore arises from the expression opinion by the state
and the very high spect which Is ut all times
rom he senator TO the OF such opinion by
legislature OF the state he representa- respect which
feel SO strongly that would depar from an opnion
ehus expressed, unless clear and ndsputane ne UT
the point contend for is, hat this opinion is not iuncye
compulsory or mandatory That it in the nature of
command but addressed the discretion of the senator
instructed taking into due consideration all the ccdm-
Will be Observed that whilst here that the
instructions addressed the discretion of the
10 me 70 be the trse foundation OF that obligation
sert that 1t ought not to be dsregared except in clear
and mdsputabe case without inmating any spe cited
wrongs or any wrongs at ALL the part of the nslructin
legislatures, except the accidental which flow from
the common ability of human ure the imper c.
tons OF all human institutions the grounds of these ex
cePtohs Without any observa ions upon the obvious DIFF
erences in the two modes any lu5trat
ons IN favor OF the mode of expression adopted byme
to the honor and dignity of the General embly
ath gil susceptible of many, only ntreat its own C.
tons to determine, which OF opinions and strat.
ons would place The General Assembly in tie respect
ul and dgnihed attitude which will accord the grea
test extension OF rights and Influence and which will i'm.
pose on the Senator the most nperious obligations the
observance OF its Instructions gwen in pursuance of those
rights Notwiths andng hereere dses appear tn me
that there is material ference in the substantial prac
cal operations of the rule laid down in the resolution of
the General Assembly, explained and qualified ASH is by
le proVso, and the opinions pressed debate, re.
aton to the same subject yet will not be disguised from
the General Assembly that there very great differences
as conceive between the primo pies asserted and the res
sonngs employed the preamble aud those entertained by
me- and employed in debate. beg leave therefore now
respectfully to point the prominent of these diff
erences and cannot avoid thinking but that the state
ment alone If clearly made will be sufficient fully justify
my views OF the subject
But the great difference between the prime pIes
IN the reasonngs OF the General Assembly, and the ooin
ons expressed and still entertain, respecting the nare
anu the character OF the right representatives
consists IN this Distinction. The General Assembly list
admits the right of the people in capacities
tDcr claims the
rgct your Senators in Congress- its corporate capacity
and that such instructions shall be mandatory the Sena
tors also admit the right Of the people to Their
Representatives IN their native capacities the
right OF the General Assembly instruct your Senators in
its corporate capacity who your Representatives at
least IN contended for This denial on nv part Is
founded upon the opinion that the right o the people 10 n
sUucttheir Representatives, uEaEeHabe rgh
cannot be executed by any corporation, corporate
character all corporate rights being aenabe and deryatiye
The point dispute them between the General Assembly
and myself turns this questouIs the right instruct
Representatives Hsdiiena6e right nof This question
IN its nature be parted with No corporation can with
propriety assume it's exercise.
The General Assembly expresses great regret, that pre-
cedens upon this subject not be found th couu-
ments OF Great Britain, and Spain.FTom the diff.
ference between the organizations of those gov rnmen
and ours presidents from either ought be applied 10 our
political nsttut with great caution. The General As
could be Afforded they ought have imposing in
huence than exotic The words Of the General ASSEM-
bly, as follows;-
is deeply to be lamented, that in this country the
collection OF the opinions OF our wise, good and great
men, should be as il scanty and The docs
trneS OF statesmen most deeply skilled in political science
and especially IN the principles of representative governs
ment have sunk into oblivion themselves have sunk into
the grave The voice OF our fathers heard by their ch
dren only IN the murmurs OF ndsnct radtontat voice
which might minister light TO minds harmony 10 our
opinions stability To principles and veneraton to our
institutions The authority Of American statesmen in sup
port OF the general right of instruction, though were
certainly the best is the least Of all capable Of distinct
taonHsppiy. that is necessary how generally the
right Of instruction Gas between the people and the state 90.
particularly has been acknowledged how little
questioned, how often exercised and how dearly valued
Virginia at least the memory Of every must abound
with proofs"
CTo be Continued