Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-25
LEGISLAIU2E OF Kentucky.
HOUSE OF REPRESENTATIVES,.
WEDNESDAY,, DECEMBEK 20.

tesuiCtiouS OH TIC dumtSSlOD OIL new states
IDto the Union were taken M.
Mr.. HoGard moved 10 strike ont the
word instructed III relation To- The senators,
because he believed the senators and re-
representatives., are equally and only re-
sponslbie to The people I; and neither OF
them TO the General Assent bly,.
MIR. JohnSOn commended, that there was
difference betseen The two kinds of
officers +; the one being chosen by The
people, eau be instructed by the people,
and The other being chosen by The Gen
era! Assembly can be Instructed by them,
Mr.. WoTthington saidihe object eG This
house was 10 express an opinion on Tie
subject, but iliai IL would be improper
Tor The legislature 10 instruct our senators
with regard 10 their conduct OH this ques-
ton.
MIR. 1Hc4fre said this question had long
since.been settled by the UNIFORM practice
OF this house, which lie was unwiliing 10
change, and entered somewhat nlo the
argument OF The question.
Mr.. HayS commended, that there was
PLAIN distinction between he senators and
representatives.. Senators are the repre-
sen'aiiyes of the Legislatures or The sove-
reiguiy OF Tie state but The rcprcsrnta-
lives III Congress are the representatives
OF the people He illustrated this ,!iSiuc
ton, and defended the RICH, of the legis-
ia'ure To instruct the senators; hut denied
That right with respect 10 theirepresenla-
lives.
MIR. Ho'va'H coniended, that were the
Legislature ii self created body, the sena
tors IN Congress mIght be- Instructed by
them bnlas in choosing senators, they
act as agents OF the people, they cannot
instruct them without being themselves
Instructed by the people. Custom ought
not Ia sanction error. To instruct Our
senators would be The exercise of AN II
surped power. not "a delegated one. lie
was not opposed to instructions, but ne
| wished moi 10 see thai right exercised by
| those 10 whom il does MOI belong
Mr.. Wo'thiagtom would goa> far as any
body, AS TO the right of Instructors, but
lie DID not thnnh II proper for the state
Il uo so, except III relation 10 subject
winch concerns this state.
Mr.. johnson thought The subject hatf
relation 10 this Stale most essentially,
wheh Congress had attempted TO impose
unconstitutional restrictions on The Mis-
sour Territory. vitally affecting the in
ierest OF ali The western states. He pro
ceeded al some length TO reply To remarks
which had fallen from gentlemen Oil the
other side.
Mir. H'oodSOn followed, and commended,
that on the right OF instruction hung the
| rights of tie people. He then eniereG
into detail OF tho causes and circum-
stances which gave rise TO tile constiiu
ton of the United States, and deduced
the right of the Legislature to instruct the
senators III Congress from the nature of
the government.
MIR. Hays added few words, and call
ed for the Yeas and NAYS.
MIR b. Harrison followed, and in his
rcp!y slated that II there was dicia,;on in
this matter, /, was i'll those who would
attempt TO dictate To Congress The course
which they should pursue. He read The
qudlii1cailons OF senators III Congress,
aud of the members OF this house, and
commended HAT ii The party possessing
MINOR qualifications could proiraci the
former, 1t was perveTslOn and restraint
o. the guards sci tip IN The constitution
tie SAID that lie had never discovered.
Thai power 10 instruct the senators in
Congress, was delegated by The people 10
this assembly. He adduced the abs nee
OF power in the Legislature, 10 iDiorce in
siruciion as All argument against The right
to instruct, &c.
Mr.. johnson cOn,ended that the quail
flcdiIons of the members of this house
were sufficient 10 create senators, aud
therefore 10 instruct them. The Legislature
Is amenable To the people Tor lie lnslruc-
lions which they give, &c.
Mr.. Alien said the doctrine of instrue.
ton was lnterwOven with our cons,itt-
tons. Before the adoption OF the federal
constitution, each state vas a sovereign
| independent republic. The srmaiors are
! admitted under that instrument, 10 guard
state rights from federal encroaclin,ent.
They represent the states in thriT NUM-
| cIpal capacity. Otherwise he could not
conceive why they are elected by the le-
| gisIaiures. Il ing elected by The sove-
reign power OF the state, that power as
their creator, has right 10 instruct them.
lie illustrated these principles at comside
rab!e Irugih.
| Mr.. j. Immersion affirmed, that re was
III favor Of The right OF instruction, but he
liked to have II III legitimate manner
This word had been used as a hobby
horse from county To- county. He should
be obliged 10 record his vote in such a
way, that it would seem 10 be against
instructions but he protested that he
was favorable 10 them when properly ex-
pressed.
Mr.. Hays with leave, again entered into
The argumeti, aud commended, that Il
there was no legal, there is d moral obi.
CATION ~ the representative 10 obey ihe
instructions Of his constituents. He pro.
ceeded 10 illustrate his opinions al SON,
length.
MIR. WorihiagtOn explained briefly lie
reasons which would induce him TO vot,
against The amendment. He mad only
doubted the propriely of inslruciing on
this particular case but he hoped if evcr
a tombstone was erected to his memory