Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-05-19


Letme now. beg your attention, to an explanation of
another difference of opinion:
"AluIough the last General Assembly, fer the first
time, did claim The right TO Com,nandn the Senators of
the Satc lm the rule proclaimed for the enforcement of
that right does in fact admit the discretionary right of
the instructed Senator. This conclusion will be still
farther enforced, by another striking and important
difference, between the principle contained in the rec
luton of the General Assembly, and the opinion |
pressed by me, respecting the character and obi
CATION oi instructions; 10 which respectfully o.
hcit the earnest attention of tie General Assembly.
The General Assembly, 10 the body of its rcsolu-
ton asserts the iniubltable right of the egsa
lures to instruct their Senators all points coaSiuo
nd or politc, Sc and by consequence it is the boundeu
duty of the Senators To obey such Instructions" but in
the proysO, 1t exenpts the from the bounden
duty OF obedience, descriptions of cases; the
1T IS presumed intended to relate to the constitution
f-Et aud the other 10 the term p0c used in the body
af the resolutions the words of the proviso are "Provi-
ded the instructions TO be given require the Senator
10 commit r'otqt{On Of the constellation act of
RAJ tu'pdufe" and the Senator is necessarily left to
Judge OF his own exemption, under this classification Of
cases The first classification embraces instructions
upon all dubious constitutional questions which the
Senator is 10 Judge whether the instruction calls ON him
"f0 commit CiOLdon Of Me constitution not and if
an his Judgment docs, he then becomes invested with
the right Of diS06edtcnce The other classification re
lates TO all cases 'polic." The words are provided
the instructions, &C. require not the Senator commit
act Of moral t,upitudc" The term .noral turpi-
tude" vague and ndenite and certainly requires de
hnon and precision, before it be a very imposing
rule of conduct. For instance il is respectfuIlv asked
the General Assembly, if instruction upon any point
OF policy required the Senator give a cote which he
verify and conscenously bcley ed would be injurious
TO The nights and interests of the people, and bring great
mischief on his country; would he commit an act of
moral turPltudc in giving such IN obedience to such
instructions, and i'll direct violation of his own consccn
'ous convictions: Orrather, let the SIX what could be
an act OF greater moral urptude than giving such vote
agd'nsl ms own CONSCIENTIOUS convictions, especially
when under the privilege reserved to him in the nro
Fiso he IS lett sole Judge whether such vote would bc
an act oil ''moral turFuden uot' Ii then the Gene
raj Assembly, IN The body of its resolution has imposed
peremptory obligation its Senator to obey is in
srucons con all points constitutional and ,oticu and
IN ITS provIso exempted him from this obligation con ali
poiats constitutional and polite under certain cirr,
stances connected with each OF which he is o xcIrsvo
> " JuuSe; are not such instructions necessarily and
essentially addressed TO his discretion And is not tb;
oscenoh' sanctioned as it is by the conditions of the
ProViso, complete defeasance To the princple NJ no.,
ehPtory command asserted in the preamble bv the C.
A-eeral Assembly: But another Cic- -, - . -,
more -. character mere presents itself The rrht
OF the Senator TO disoJeyHe command 0the state Ics
Idtre, is by the proviso made TO depend unon 10 mo-,
OF the state Legislature ITSELF of which co,o,,ond S
rIoag the Senator is necessarily made the exclusive
Judge II cudtfe art of state legislature appears TO me
to be an approximate basis for the right Of the Senator TO
rest on and Ny provI1iug the remedy, implicitly at
least admits the state legislatures be capable of com
uniting the descriptions of ,crongs guarded against in
the proviso.
The opinion expressed BY nue. in debate is in Tho FL
lowing words: ~
The influence, the true obligation of instructions
therefore, arises from the expression of opinion bv the
state legislatures; and the very high respect which nj
all times due from the Senator 10 the expressio NJ ec
opinion by the legislature of the state he renresents re-
spect which feel so strongly that neve. would depart
iron an opinion thus expressed, unless in clear and
dIspuable but the point contend for n ,t iii;
opinion is not injuhctVc, compulsory or rnandatorv
hat 1t IS not IN the nature of command but addressed
TO tue discretion of the Senator instructed alin, into
due consideration all the circumstances of the case
nectcd with such instruCtionso
at will be observed, that whilst contend hero that
the instructions addressed to the discretion of The
instructed Senator, admit their obligation points o
what appeared 10 20 be the true foundation of that
o9Sa'on; and assert, that it ought to be disregard
cd except IN clear and indisPuabe case without in
ilmatu9 any specified wrongs or any ,sronos a all on
the part oi the nSructing legislatures cxceDt the
en'ai errors winch How from the common faibiltv of
human nature ana the i'nPerfocton of all human in
stutons as the 81 ound of these exceptions Vitbont
any observations upon the obvious differences in tho tr
modes OF expressions any illustrations in favor of bo
mode OF expression adopted by me- in reference to the
honor anu dignity OF the General Assembly aIthourI
susceptible OF many, only inreat its own reflections
10 determine which course of opinions and illustrations
would place the General Assembly in the most resnpct
fui and dignied attitude which will accord IN = ,bo
greatest extension of rights and influence and ,rht
VIII impose on the Senator the most nperous obIiga
9 10 NE observance OF ITS instructions, given in pur
Suance of tho. rights" f
Now, my friends without adlino ono ,r.,rl r -,
nation nPon this point, will submit myself to the 70
techsm OF the G.. >. for supposed disobedence IN lie
"PPOseu command upon point constitutional for
the purpose of ascertaning whether the roso,t;, IS
9e u A. itself IS not addressed to the Senator's discre
uoh:--G' a. Questionable not instruct Won mon =,
point constitutional" Answer-Yes Won did o ia
not command you to obey my iDstruction,-A. Yes
YOU YOU d'd; g. DID you not dsobey my cornmaudo A.
eS2 ul. u How dare You to dsobey INV command,
a. because III the provo TO yourIule Of command ~
lG'I !! 10 my discretion TO determine whether or NOT NV
obedience OF your command would not involve yia
Iou OF ne constitutions and in the conscientious dis
Ia % u"' uIScreuon' thought it would. Now in
ny turn, let me most respectfully ask vou-Can 1on
n,ane ne Tor the conscientious discharge Of disc[e
uonary duty o. A. Certainly not.-Attend now nv
Mon. ~ " N''e el'ce IN OPT !
nor can it escape observation u.at although tho
Ger" al Assembly must have Intended TO jntern1n, @
Constitution OF The United States and although the
PTeanblc abounds IN preceIeuts derived from ocr ~
Yernnens it affords one quotation from tI,, go
,nuo1 Z" INC United States, single precedent de-
IIFed from IT. ~ favor Of tie doctrine contended GI
ana even the references TO are few and or 80 ~.