Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-05-19
VOL. III.-No. SO.


There Is no part OF the observations the General As
sembly which | have seen wh more sunrise and 60.
than that now alluded to; on account of its inti
BECAUSE IN my judgment nothing will be necessary ,
demonstrate its ncorrectness, but reference IN ibo
proceedings of the General Assembly that day. but
because nj IS an IntmaIion exclusively personal in IFS
nature and character could in no respect as concc;y
tend 10 establish the truth of the principles asserted h.
the General Assembly: and could ONLY tend IN boIJ 49,.
tne error If an error bad been committed of alibIe
'e!ow being, TO tue world, without having anv beneG
cal effect upon the reasoning in the case The az
ing opinions might express, various periods Of nv
life, could not in the smallest decree increase nov o
the rights of the General Assembly; but let mo -n ~
atcntion of tho General Assembly 10 the rctnal roi
used IN the preamble to the Instructions &c 1Ia+ H.;
aud SO far as they relate 10 the obligation OF
neh caiiAed by the General Assembly. they will be
ouhn ID my judgment, strictly 10 consist with The nn
IONS expressed 10y me III the character of Senator; which
words 4; The following: st,The General Asso,,tlr 80
"e commonwealth OF Virginia, though they entertain
no doubt oi Your punctuai performance Of vorr ,,,
or OF your oithu ade 20 the great princnjes of
constitutional law and national policy, deem il ncrn
oent on them to communicate their opinions, formed af-
ter the most mature deliberations on certain subiccts
essentially connected, they solemny believe with
the dearest rights and most important interests of the
people,
Docs this quotation look like the language Of COM
nand: Does II show any'inconss;encv in my opinions
at different periods. and under deen! circumstances.
Certainly 1t demonstrates great resemblance in
language. and actual identity in principle. The Gene
raj Assembly on that occasion, communicates its opi
'onS 10 It's Senator'S and relies upon the respect due 60
those opinions, the true obligation for their observ
ance. expressed the sentiment in nearly tbe
same language, in the character of Senator Where
then IS the inconsistency OF opinions looked for BY
I Tie Il cDeTal Assembly,"
Surely, no inconsistency be found between the
opinions expressed in debate, and those expressed by
thc General Assembly, whilst member. The
expression 'to communicate their opnionsD is Quota
ton from the preamble the instructions of 1875 ard
1893 Now, beg yuuT most carncst.attention tn tho
expressions OF the years 1893 and 1900 unon the same
subject The Gen. Assembly in pointing out the means
uhin Tcovi;ol 10 by the State Legislature =
the purpose ofcheckng conneractng the -Irnations
OF the General Government uses this OK nresso, trJ
declarations in such cases are expressions NJ op,;
unaCcompaniad with any other effects than what tho
may produce on opinion, by exciting reflection u T.
applying this doctrine in It's relation to the Senator'S a.,
tenera Assembly then expresses Itself IN the following
words: The Legislature OF the States MIGHT hap
made direct representation 10 Congress " jth 2 v;ov
to obtain rescind ing OF the two offensive nets. or t
might have represented II their respective Senator's =;
Congress, neir sssh, that thirds thereof wod r-o
pose an explanatory amendment TO the constitution
NoiT il the General Assembly at that time 1900 .ra
400 tad intended TO have asserted the right 10 CON
mand the Senators III Congress- and that the Senators
#ouid by consequence have been bound 10 Obey smell
command would the @. a. have eulpIoyed the Ia,
they Che State Legislatures ulirht haze 30
presented 10 tier especttrc Senator's IN, Co,3o,eqe H
l' that tFo-iinTcs thereof would propose pana-
tory amendment 10 the coasntion5n Surely pot. no
cause instead rereSet0s htci aoiG they ought 10
have issued their command, which the Senators igoud
have been bound 10 have obcycd and thus 10 have Of
iecicd c!r obec With certainty, ard not to leave il IN
the uncertain Influence OF their 7ristcs I'm Jaru.-,,
1899 the General Assembly again instructed the y,-r;
man Senator'S nv preamble ard resoiztions-sor veara
AFTER the difference c! opinion between the G. A. and
myself took place, respecting the foundation OF tie OBJ
legation imposed upon the Senator for the Observance
of Instructions. l beg your attention to the lanonoo,
used by tie o. A. in l&2O-and to determine for yonr
selves, whether iAe G. 4. taen claimed the r;cht -
command The rgnia Senators in Congress Jpon This
point the c. a. uses the following language in The pre-
anble to.he nsrrciIOn-''IIo However candidfv and de-
hbeIa.ely they have cndcaYoued TO conduct their ia,
qurios yet claiming exemption from the ordinary in
iucnccs Of human passion and nfaIhility for heir
best weighed and most impartial judgments; ieeino too
high respect for the opinions of DISTINGUISHED mo-,
who differ from hctn they cannot ash ?cgnccf f l5c;
ocH opinions rpm ttc" ydIolify oio'c md therefore
submit e't iCn tie 1oici McJ01e CJy,1e5
IN conformity with this declaration, the first resolution
is il the following words-"R Resolved, That an t6c on;
mon y tie GccrGi .4SSembiy IF Tjrgj ~ the people of
Missouri have right demand. upon The faith Of the
treaty Of l9O3-tiat they shall be admitted into The
Union, upon terms OF equality with the other stacso
Here then viii be seen, that The G. A. of $50 relics
only upon opinion for The obligation upon the
instructed Senator, for the observance of lis instruct
ions; but with retiring modesty, asserts "they cannot
asTcpcc for Their opinions. uPo their authority
dl0nc. and therefore submit ,cifh tfca the reason an
;rhjrh H1Y ere 111iucRD Docs fhis looI, like de
language Of cuninano' Is there any inconsistency
10 bc found in the opinions. ] expressed in 1910
and those expressed by the G. a in 1902 But IS
there no; the most Papabe inconsistency between tie
dctum OF The G. 4. in 19if and the opinions Of the
G.. A. in f733. 1793-i80O and 1920? No irnpartial
man can deny dis inconsistency. will uoyy assert
without fear of con tradiCon that the g. A. never lid
in lis corporate character, either before or the ses
sion Of 49, claim the right OF command over the votes
ofthoir Senators in Congress and If lad at any time
such right CT command, II IS, as conceive in lis Daure
both Unconstitutional and impTaCiicabc. WI fur
her assert, that the preyiso 10 The resolution the g.
~ oi l&i contains. as also eYc complete de-
'casance TO Use obligation Of command asserted by the
O. 4. NJ that day. You be at no loss now nv
.rCnj7, to point 20 the tue source ofjDconsscncIcz
Eut let DC supposed that in 1911, bad undertaken
ihc task Of defending The q. A. against The charges
brought by Flr. Crawford upOn-is own ground. IN,
'gla; attitude shcuid have placed the G.. g.? One
charge that the G. a. by usurpa'ion aemp
ting 70 Icgisiac for Congress- Suppose had assert
ed ins defence against iiis char-e-Ycs; the G.. A.
hare commanded the irguian Senators 10 vote against
he renewal ofhc ban charters; and tbev being total
tly divesed ~ discretion, bound 10 obcy tbat com
manj. Would not this have been strange defence
against The CHARGE Especially, the G.. A. had nc
-o- Lo---c So. Ln .ncn nrcLrn.nn- and " n lad