Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-16

ana that presumption produced almost universal
a'arm Tor the safety of opinion. The laudab!e
enS!oli'E, and the energetic conduct of the Gene
RAJ Assembly upon that memorable occasion. i.
known to the world, and cannot n. fo-oo,,a, ~
the present General Assembly itself; let me ;ben
most respectfully ask it, in its own professed sDir;.
! OF aiSnifled 5eray, to reflect, how much bette
was 'he condition of the accused under the provi-
sons OF that law, than under the proceedings az The
last General Assembly. Under the sedition law.
me accused was entitled TO a fair trial t,fore n in
uiciai tribunal; TO be confronted with his witnesses
.iu "ccusefs; 10 cause 10 be excluded from his Fri
al All Illegal evidence against him; 10 have all Ie
sai evidence IN his favor; to give the truth of the
i'c's, or expressions upon which he was cis-rpS
IN evidence to be heard by counsel in his defence
before condemnation, &C. Sc. But before th.
$st General Assembly, tue accused, FAR from enioy
ing the smallest OF these privileges was condemn
ca unheard- and upon evidence unheari Of and un-
known And Is now left oaly the Moor nyiyilece
! ~ r5hUS to be heard an las defence. after his
condemnation and censure But forbear tn pra.s
THIS, the most fruitful and delicate part of tie suh
Jeci' because feel full confidence that the loveof
Individual liberty, and the free exercise and ex-
preston OF opinion, so essential TO the preserve.
non and enjoyment of that liberty, for which the
GENERA! Assembly has at all times been pre.ene
hehuy distinguished, and l believe not less d.
serves to be linus distinguished now than nj any
FORMER per'c'', viii suggest every reflection be-
longing 10 That subJect.-But, suppose the de-
'"-'''S'' ol'4AiOH S!lOulG be found
examination, to I've 10th honest and correct, ana
not Offering materially in its Substantial rrac,ca3
operations, from the orthodox standard established
! ny The resolution o. the General Assembly would
Ao' increase the regret o; every liberal, impair
tlai mind, that its author should have bacn ron-
deinned and censured when the opinion INDUCING
suc!i condemnation and censure Uas no, onIv he
nest, Out not essentially erroneous!! That the "a
pinion was honest, has never been questioned b d
i:IeVoiehce itseii, as far as have heard indeed -
II Is impossible Tor all the ingenuity of mailed 81
lse!l 20 suggest even plausible motive for its dis
honesty; sill less could il be presumed. that thu
iinera and enlightened spirit of the General A.
Sefn"iy could counenance for 4 moment, such IN
eX'ravagant supposton; and Wheeler the opinion
De correct or not, and how far il is sanctioned or
denied, by the resolution of the General Assem-
ciY ITSELF let me beg its liberal indulgence to
inquire
Inc oPin.op then expressed, respecting the
foundation o! the true obi cation of instructions
very lar from denying either the righ; 9f thee a
aSse!n'Iy TO give them, or their obligation 49,
senator when given is in the following wordY. ~
influence OF the true obligation OF instructions ,R
lore arises from the expression of opinicn nv
state legislatures; and the very high respect viii
IS at al times due from the Senator 10 the e1nrr \
SION OF such opinion by the Legislature of The s,a,
| he represents; respect, which feel SO s,ro,g,.
that never could depart from an opinion TIM, ey-
pressed, unless in clear and indisnutable CASE. I,
the point contend for, is, that this opinion il mr.
inJunchVe compulsory or mandatory; that it is nc.
( IN the nature ola command, but addressed 10 ,bc
discretion OF the Senator instructed; taking inio
due consideration all the circumstances az The go
connected with such ins;uctions.''
- and might have added, s. probably did add in
DEBATE, ihongh omitted in the trsnscIiption FIAT
iIs very high respect for the opinion of the ,re;s
ature, derives the chief portion Of It's inHueD,e
fem the great probability that its opirjon vorlI
correspond with tie general OPINION Of the ;eo-
pie OF the state; and would alto. the bes, ,.,,jda
TO their Interests, &c. sc.
\ ''Ihc General Assembly has given is cDioio,
upon the nature and character OF Instructions i,
the following words: " Resolved. That j, is tb.
induStabe right of the state legislatures n icet,c
Their Senators iii Congress, on all points, either
constitutional or potiiic, whenever the rnapni
tude OF the occasion shall require such inte-fe
renee; and that by consequence it is the boundea
duty OF TIE Senators TO obey such instructions
provided, the Distinctions 10 be given and obeve6
require not The Senator TO commit n rjoyot;on r
me constitution, 90 act ~ moral f7,yDjf,ufe'
What Is tie dihe.euce in to ibstsntjal ,rsc,ic-
= operation, between these two opi,.r % frbov
gree IN the following respects: tot mi, ,Is
e right ct the General Assembly to instruct. ma
That an obligation is imposed on the Sen3t-r bv
the instructions. That such obligation il of yer..
nigh and imposing character-and ought not 10 be
{ dIsobeyed except in certain cases. In these i'm
Por'"nt respects both opinions concur, and in
theSe respects VIII be found all their relations 10
V"SH Oli'St VI IidC'ical Importance. They differ
~ 10 the foundation OF this obligation The Go.
neral Assembly resolves, that il consists in ts no
silive right TO command. / expressed the opinion.
that It consisted IN the very high respect due the
legislative opinion in the form of an instruction.
that the instruction IS not command bl; adJres
sed 10 the discretion Of the instructed Senator
ii VIII be readily seen, that these differences will
not vary IN any material degree the operation- ne
e instructions for any saiutsry practical purposs,
qu'iihed as the principle Of command il, by the
Ticyiso to the resolution. But permit me ia tss,
the correctness OF these varying opinions and -
hnitions, by recurrence 10 the resolution it's <
} The first part Of the resolution, asserts
ndubitabie fight OF the state legislatures 10 ir W
iLeT Senators ~ Congress on all points CO., 49,
Z tonTf o. Pci1'tc, whenever the magnitude
occasion shall require such interference;
e in consequence 1t Is The bounden duty OF
majors TO obey such Instructions"
g. II the resolution stopped here, although deno
all such consequential daty, it would certainly
contain The principle Of positive dictun, or com
T. mandi and would have been carrying into aGect
me principle oil command, asserted by the General
Assembly IN the preamble to its fill extep En-
The General Assembly have thought pror r. 10
e proviso IN the following words: " Proyide6
instructions to be given and obeyed REQ ire 4 rs.
Senator 10 commit n Uj0iatiOu ofthc coHSi
or an act Of D'0yai fuypifudc.' 1t H. hef
iully asked The General Assembly, yha<
UPON these important points? whe6s -
lions require The Senator TO contD IS 81. ~ III
4 me constitution, or not, or an s. -