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

CHARTERS, aaG tney Dei totatiy CiNcsteu oi uisSe-
ton, are bound to obey that command. Would not
this have been strange defence, against the
charge? Especially, as the q. y. had never be
fore set up any such prtiensons; ard il it had,
pretext for such claim could be found in the con-
slitution. Would it not have been direct avow-
al of the charge of usurpaton brought against the
G. A: That it in fact "by usurpation, at
tempting To legsla,e for Congress" One OF the
Penns ylvania Senators, did take this ground in
behalf of the sylvania Legislature; bu, believe
found no favor for doing IN lis eyes; nor in the
eyes of any one else.
1t cannot be necessary for TO recapituate the
grounds upon which repealed the G. argos brought
against the O.. A--nor TO comment upon the obvi-
Gus difference OF these grounds, and those contend
ed for Ivy the q. A. in regard 10 the right, wrong
OF either; in regard to their different bearings
upon The honor, and dignity of the q. a. They
are, my friends, confidently submitted to your own
reflection and decisions.
Let me now, beg your attention, TO an explana-
on OF another differ ence OF opinion
&" Although the last General Assembly. for the
first time, did claim the right tn " command the
Senators Of the state in the rule proclaimed Tor
the enforcement of that right, il does in fact admit
the discretionary right oil the instructed Senator.
This conclusion will be still farther enforced, b.
another stirling; and Important difference, bew
the principle contained in the resolution Of the
Gcneral Assembly, and the opinion expressed by
me, respecting flie true character and obligation OF
Instructions to which now respectfully solicit
the earliest attention Of the General Assembly.
Z" The General Assembly, in the body OF its icso-
luton, asserts the imdubi,sLc RICH, OF the stale
legislatures 10 instruct iho Senators an all points,
constitutional, or pOhtic, Sc. and by consequence,
it is line bounten duty Ut the Senators 10 uJry such
Instructions :" but in the proviso, it exenipts the
Senators from the bounden duty of obedience, in
two descriptions Of cases the one, i, is presumed
,a,, ILL.,. Al.
and The o,ker 10 the term &" poitic,' used in the
body OF the resolution: the words Of the proviso
are, q" Provided the instructions 20 be Given re-
qu!re not the Senator 10 commit riOiotioH Of
the constitution or ar act IF moral ;uvpitvde;'
and The Senator Is necessarily LEFT to judge OF his
own exemption, under this classification uf cases.
The first classification embraces instruction. upon
all dubious constitutional questions; in which the
Senator - 10 Judge whelher the instruction call. on
him 90 to commit 0Oi0tio,t Of the constitution
o. not and II IN his Judgment il does, he then be
comes invested with the right Of diSojcdicncc."
The other classification relates 10 al cases J1li,
Gc.' The words are, g Provided the distractions
&c require not the Senator TO commit an act Of
moroi tuTpurde." The ,eim {" moral turpi,ute''
IS vague and Indefinite; and certainly requires de-
hnition and precision, before ii can he very i'm
posing rule o: conduct. For instance it i, res
pec!ully asked the General Assembly, If an insiruc-
ton upon any point OF policy required the Sc
major to give UOte, which he verify and consci-
enliousiy believed would be injurious to the rights
and interests oil tie people, and bring great mis-
Chief on his country; would lie commit an act OF
moral turpitude in giving such rute in obcGic0ce
to such instructions, and in direct violation of
his own conscientious convictions; Or rather, lei
Inc ask, what could be act OF greater moral
turpitude than giving such vote against his own
conscientious convictions, especially wien under
The privilege reserved 20 hin la the provso, lie is
left sole judge, whether such vote would be an
act OF 60 moral urpitWIe or not: If then The Ge-
neral Assembly, in the body of its resolution has
imposed a pcTemp,ory obligation or its Senator 10
obey lis instructions on all points, constitutions
al and po!i'ie;' and in its lfovi.o exempted him
from this ObiiSa0n, 4" on all points constitutional
and polite, under certain circumstances con-
nected with each, OF which lie is exclusively TO
judge; ere not such Instructions necessarily and
essentially addressed 20 his discretion? And is not
this discretion, sanctioned it is b. The conditions
OF the provi'o, complete defeasance to the prim-
ciPlc o! peremltCry command, asserted in the PEE
dmtle by the General Assembly; Bat another OF
ser"aiIon OF n still! more imposing character here
presents itself. The right of tie Senator 10 dis0-
beg the command IF the StGie legislature, is,
by HE Provis1, rnade 10 depend upon ,ha lUTong
OF the state legislature itself, OF which COM
mH1ll AID WrOng the Senator is NECESSARILY
n.ade the exclusive iadge. a cUIpqbIe act Of a
state lcSsIa,u pears to Inc to be an nnfortu-
nate basis for TIE Tight Of the Senate! to res. on
and by providing the remedy, implicitly at least
admits tie state legislatures 10 be capable of COM
uniting the descriptions Of tcronyS guarded against
in the proviso.
4" The opinion expressed By ne in debate is in :he
follow ing words:
:" The influence, the true obligation OF in
structors, therefore, arises from he expression OF
opinion by tie state legislatures; and the very
high respect which is at all times due from the
Senator TO the expression Of such opinion by the
Legislature OF the state he represents-a respect
which feel so strongly, that never would depart
from an opinion thus expressed, unless in a clear
and iEdi-putable but the point con, end for
j., that this opinion is not iniuncive, COMPULSORY
mandatory. That it is not in the nature of
command, but addIessotl TO the discretion of the
Senator instruct ed taking into due consideration
all the circumstances OF tie case connected with
such instructions"
. 1t will he observed, that whist contend here
tina; the instructions addressed to the discretion
of .he instructed Senator, admit their obligation
points TO what appeared to me to be the true loin-
dation of that obligation and assert, that it ougb,
rot TO be disfegarded, excep' in clear and in
d-putabe case, without intimating any specified
wrongs, or any wrongs at all, on the part of the
inslGucing legislatures, except the accidental err
which flow from the common lalibility of
human nature, and the imperfcctions OF all human
institutions, AZ the grounds OF these exceptions -
Without any observations upon tn c obyios diGe-
rcnces in the two modes OF expressions or any IL
Illustrations in favor OF the mode Of EXPRESSION a.
dopcd by me, in reference to the honor and digni
~ Ol the General Assembly, although susceptible
Of many, only intreati its own reflections TO de-
iermiac which course OF opinions and illustrations
would p!ace the General Assembly in the n,ost