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

tribunal 10 be confronted with his witnesses AMI occu
ScIS; 10 cause 10 be excluded from his trial all ega
c''1hHc against hIin To have all LEGAL evidence in hi
iaY0r tn give the truth or the facts or INN,
winch he was charged III evidence 10 be heard b,
~ III MS dccnce before condemns ton. sc. &c.
n' before the last General Assembly the accused far
from ENJOYING the smallest OF these privileges was con.
ueInncd unheard, and upon evidence urlcari of and
unknown And is left amin Tie poor prirlcgc NJ
HSc'"g 10 be heard i has defence, after his condetnna.
ton and ccnsure. But forbear 20 press this the most
tutn and delicate part of the subject, because feel
li confluence. that the love Of individual liberty and
. 'rec exercise and expression Of opinion
ai 10 Inc preservation and enjoyment of that liberty
'"E "hlch The General Assembly has ~ all times been
Pre-ennenty distinguished, and believe not less de
serves 10 be thus distinguished now than al any former
Pet!o', VIII suggest every reflection belonging that
ssuoIcct'-sut suppose the denounced opinion should
oe round upon more strict examination, to be BOTH o-
fSfdad correct, and not differing materially in lis sab
sllhta practical operations, from the orthodox stand
ara established b the resolution OF the General Assem-
olE would IT not increase the regret Of every LIBERAL
impartial mind, that its author should have been con
denned and censured when the opinion inducing such
condemnation AND censure, was not only honest, but
uo' essentially erroneous! That the opinion hon
es', mas never been questioned by rnaeyoence ITSELF
rs lar rs have heard indeed il is impossible for all the
ingenuity OF malice itself 10 suggest even plausible
motive Tor Its dhoEesty still less could It be presumed
that the liberal and enlightened shirt of the General
assembly could countcnaace for moment such an ex.
tTavaSant suPpcsiton and whether the opinion he cor
rect or not and how FAR It is sanctioned denied 10y
General Assembly
now beg its liberia! indulgence 10 inquire.
'Fhe opinion then expressed respeciinr the foun-
daon of the true obligation of Instructions very far
from denying either the right OF the &. Assembly TO
give them, their obligation upon the Senator when
gwen, IS II Che following words. 'Slhe influence of the
;rnc obligation OF instructions therefore arises from the
expression OF opinion by the state legislatures and e
very high respect which at ali times due from the Sc
major 10 Tie expression OF such opinion by the lcgsla
ture OF tic state lie represents; rcspect which feel
50 strongly that could depart from an ooiu;on
thus expressed, C'!ess in clear ard intisl,a case;
bat the Point contend for is that This onrion - t
nJunciVe' compulsory mandatory; that il is no, in
the nature OF command but addressed TO Tho 6sc-o
;on otc Senator Instructed; taking into dne console
IaVon ali Tue circumstances of the connected with
such iNstructio2s."
"And might have added and nroroI,v Ala od,;, In
ha :ouS omitted i'll the transcription that dis very
hSh respect for the opinion of the legislature derives
me cIe portion OF It's influence from the great profa
nli'y tat rs opinion wOuid correspond with the peuc-
raj opinion o. tie people OF the state; and would afford
tie best guide 10 iheir interests sc. Sc.
The General Assembly has given lis onioin1 INN,
the nature and character al instructions in TIC oo,qnr
words iteso!"ed, That Is the nduLi:abc rqL of the
state legislatures, 10 instruct their Senators in oroa
on an points, eIther constitutional ooic whenever
the magnitude Of the occasion shall require s,.o! inter
ieTencc aud that by consequence il is The bounden
duty OF the Senators 20 obey s3ch Instructions prcv
ded The instructions 10 be given ana, obc;ed cqyire
not The senator to commit coi7icn 81 he constitutions
or an act u no'Ri iuYpnde.n What IS the difference
IL,
two opinions: They agree in the foliowino- rcs,ocis
both admit The right of The Genera! Assembly 10 ia
sirrct; and that an obligation imposed on the Senator
hy the instructions. That such Of legation is Of \ verv
SA anu imposing c'aIactcT-and ot not 10 be DISC
heyed except IN certain cases. in these p,nortart 70
sieciS both opinions concur and in these ?spccts will
De '"und al! tier relations each Other Of practical
Importance They differ, the foundation of tI,is
obligation" The General Assemble resolves that i con-
sists in IFS positive night 10 command expressed tho
opinion that 1t consisted IN the very high respect due
lie Legislative opinion IN the form Of instruction; that
Tie instruction IS rot command, bu: addressed TO fine
discretion oE the instructed Senatorit will he readily
seen, that thCsr differences, VIII not var, in nv
degree the operations Of Instructions for any saIuor
practical purposes, qualified tie principle of corn
nand IS by tie proviso TO The resolution But permit
ice 20 test the correctness Of these varying opinions and
definitions, by recurrence TO the resolution seJf-Tbn
et part o te resolution asserts 1.-The ndubitahie rirb
Of the state legislatures to instruct their Senators in
Congress on all points, constitutional polite whenever
the magnitude OF the occasion shall require such inter
ference and that in consequence it is tic bounden duty
of tie Senators 10 obey such instructons.n
IF the resolution stopped here, although deny All
such consequential duty, would certainly contain Tie
principle OF positive diCtum, or command; and woud
have oeen carrying INTO effect the principle Of command
asserted by tie General Assemble in the preamble TO
lis full extent. But tie General Assembly have tyrIi
proper 10 add proyiso in The following words "Proyi.
ded the instructions 70 be given and obevcd coure not
Che Senator 20 CoDH5tu riodion NJ the constitution or
Gct 81 moral t7P}fn9c" It IS here respectfully ask
CD The General Assembly, who is to Judge upon these
important points whether The instructions require the
Senator to commit yoiq0n NJ The constitutions or moi
act u aor0i t,ppjtUdc or not The state Icri,
lalu5c Cauncl idEc, from the very nature of Tho sso
IT has already decided in the act Of instructions itself
II is its Judgment, and lis act, which arc to be ,ired
oI cf course. the Senator must Judge Of both To
Judge OF acts Of this high and imposing character re.
quircs thought and deliberations and Judgment must
be formed according to The dictates Of tbs exercise Of
The mind at IFS discretion.
Upon this plain and clear ncrPre cation oftli5 pro