Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-12-09

-dr Gales ard The Right Of Instructions,
gentlemen acquainted with the political history
If Mr.. Giles, will be not little surprized TO
earn that his advocates at the pending election
1T Senator. attempt TO explain away his denial
IF tie right of the Legislature to instruct the
Senators of the State in 18li--ray. that Some
80 SO far rs TO deny that he ever questioned the
right III any shape. II any thing could add 10
the just surprize felt on this occasion, i, would
be the fact, that the persons who talk thus. are,
many of them, the very men who formerly 10
nounced MIR. Giles for this very offence, and all or
whom now profess devotion TO that Fundamental
principle of Representative Government.
we nave IN our possession, Mr.. CHESS speech
on the question of chartcrng the Bank of the u.
states IN 1871 in phamplet form; and from lie
beng in phamphlet form, doubtless printed
under his own inspection iS not at his own in
stance. We will make few extracts from that
Speech, and then contrast with them, an =, mi
ment IN favor of the Right Of Instruction fran
the pen of VIM. Daniel, written at the t;mo IF
The Missouri ques'ior-an argument worthy OF
one OF Tie strongest heads in the Commonwealth
~ VIII DOW proceed 10 apmadyert rpon somc
important observations made by two aeni,.,rer
upon the right of the leg islaturcs of tie rexrcc
tive states 10 instruct tile Senators of the Entcd
States.
acting, as ! now am, MIR. President. unGer
me influence ~ instructions from the legislature
'' INC state hN'o the honor TO represcGt feel
mNse! irnperioteiy called upon TO notice SONS
observations, which io;i from The honorable r,n-
,eihan from u 0rgia Mir. CrawforN and iho
honorable gentleman tto,n PENNSYLVANIA mir
Lem IN relation 20 that 81. .jcc;
nc hono'a6lc gent e.nan from GEORGIA MIR
- ieeli:giJ co "p!auss uf tie tendency OF IN
sIructions from the great strtes, TO embarrass the
proceedings Oh tins government, by giving all
uhiuc BIAS 10 The deliberations, and RESTRAINING
'"e ,fcc exercise OF opni1u II tins honorable boz
ny, &c. @c. W nhout PARTICULARLY adyer,inp 10
U"c emphasis tHr! by the honorable gentleman
upon ne term greet stdiesn agree IN rencrsI
WIN inc gentleman IN e opInlons in that es .ecI
OUT SIR /" Inc present case II may be obser, cd
''"' INC question: oi instructions 10 Senators yos
nFS' moved ~ the state of MARYLAND. Now. sir
maryland although great IN virtues and rcsour
, Is iio' 50 great IN point of population and ex-
tcht OF territory, as To nave obtained the deno,,,
NATION c! great Stte. The proposition. tLen
however, was rejected b, one vote. A similar
hou"n, am informed is now depending brf,rc
me Legislature of New Jersey New Jersey
axe MAINLAND, although sJeu! i'm virtues and RI
'oHTccS "a not 5" grea! M point OF population and
extent "i territory as TO have obtained the DE-
"'"''haH'n OF ',SEeat state" Indeed. sir. the
,iEiil 1" instruct Senators has moi been xcl,,';.
" acted Hpcn hy lh- great stqies, general, so
Iaieu' daring inc operations of this governments.
on. admit, las been more Frequently rcsortei
10 by tn2sn. 'eU
re gentieEnaa s-lG' Pcnnsy !yania MIR. Lcihl
ateF IiaFi"g read his instructions. informed tbe
".ai ne represented one of The GREAT
:t'e$ wfic!I mad given instructions. and liza, he
~" n'h>rii absolutely bound by them in the vote
"o s,'"'u give on Tie present question; tliat he
considered himself the rcrresen alive of fic ieg;c
t"9'''e Of PennSylcdni0; that It was tin nil;
20" ana le me agent, and was bound 10 ca,rv
.nto eject IFS 'Sili, &c. e.. Icvycyerl;ob no.,
&c '"e respect generally entertain, for The n
f''''oA1 o. t!'e honoraolc gentleman Mr.. f,eib}
am caT.pciicd to dissent from him ia thesc o.in-
''''s' / fccL myself Corn. cilcd too 10 cyrrnss
''''' S0 Iosf II might b. supposed dat cir,r
s'i'i'iiy o:i1t:'"saHccl with t4t gentleman -,
tie i',c-H't question, my condrct might be in:i,-
'"'ci ~ s'i'l'Hr considerations.
- d" 'n' consider u.tseir The rcnrescot,,i.c
ni hc '"$'S''tGTe q $5@i.sju, alhot.nb fcnJ the
nos ''a"onudcd confidence in lis wisdom, ao,I
2aifoi:"ant lie highest rcspe Ct for SIS rroccc,
n'ss' c"'l'hierc'inYsc!f Tie REPRESENTATIVE OF
'"e r. pie q ne t"]icG SAifeS, delegated 20 Thai
-" c'e' o; tba Is future IF Jtrgiain. As
lTr,Ia
haYc only TO remark, that the laws which
contribute 10 pass ia tic character of e:cna.,,-
are c" extensive with tic United States. and
"io ave "p0!i tts Peap'e Aters2jia UciyiJ,d pJiti
c"p]'s!eS ih2Y do not operate upon lie si,,,c
l-'Si"'2 ''eS IN Me1 corporate cRaya.fc,S cvccff
IN Cases where IN tiia; character tliey are eon
hccted wHh the federal government. or insfr,,-
nl'M'ai l' 'he execution OF some Of lts pnyye-s
IN res 60 ihey opereie upon ihc Legislature Of
Z irsly, IF, =
CT "yscli rs The representative OF tlqi iea-;,l,,
fRfe eFc'as'ce2y. as lis agent anil hound =, ~
GhssS +" execute lis viii upon this foor. &c. &,
- Is MOI necessary, nor DO mean 10 oueeti,,,
ne T'%hf Of he state legislatures 80 I.,u, Mo
i-ed upon, TO instruct the Senators of the fTn,rd
S'a'eS' chosen by them respectively; because tl,t
''-E"' PTo"ucc an unincanlug and useless disciis
~" 'o"tt terms fnt mean to lDQnuc; whether
nc exercise OF the igEt imposes cous,itutio,o
obligation On thc Senator instructed Ia or. :;
what the real obligation 10 obedience cons;e,s.
whether The instruction is luinetiye and eorr,,,,i
soFy on iHn, or addressed only 10 bis discretion.
or IN otter words, whether thc Scnatoy iDsff,,c,
cd las not right TO disohey, And wl,oty,sr ,nr,,
dIsobedlence violates a,jy moral or political obi,
sa'IOn: also propose 10 make n few nL.o-y.,
.'Oh' on lEc operation Of instructions upoD the
t'CLh government and IFS proceedings. That
INC senator I"Structed las a constitutional ana
legal r,hi 10 discjey his instructions : met ~,
VIous 10 my understanding, from tbe s;roIe c,n
Sidefa'loD, lhat law passed BY vote in digobc
u'eoce OF instructions Is valid as law passed.
ny a vote 10 obedience TO Instructions. Obrd;.
encc 10 distinctions IS no where commanded
Nor is dsobcdicnce Of Instructions ,ny ,vLora
prohibited by any written lazy or consiitpf;on
he act OF dlsobcdicnce does not subject tbe di.
ooeyirg Senaiar 10 any punishment whatever. of
course the dlsobcdence of instructions viola,cs
no political dniy and, il the Instructions bo all
Arc-5ca ONLY 10 ihe Liacrnlinll nE o. e.-.-. ~,