Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-09
: THE RIGHT or INSTRUCTION!
THE MODERN DOCTRtNE

THE MODERN DOCTRINE
Messrs. Southland aud Frclinchuysen Ewing
Sprngue and Bell, disobey the positive instructions
oil Their State legislatures and yet they retain their
seals in the Senate. When we come to recolIect
that Senator is elected for six years and is there
lore Irresponsible 10 his constituents, for so long
'ie, unless lac obeys their Instructions, we see et
| once how miscrably this bruach of the Legislature
which was designed represent the rights of tl,e
sovereign States, would perform its functions when
II neiiiler reflected their will, obcyed their
wishes.
! Ii is not astonishing to see Senator. like Mr.
Ewing of Ohio, preach up dsobedenGr. as he does
u'he following extracts from his speech of the 2Ist
Iho senate represents the States The Congress OF
tns Union The Senators chosen by the Legislature
or appointed by the Governors ia the recess; but IL Is ill.,
S'ae which each, however, sec d, represents and not
The Legislature The Governor who Was the mere i'm
s,ument used by the people aud the Constitution Tor his
selection Then, as he is tie Representative of STATE
III order TO determine TO HON he responsible Tor the
d"e periofn nance oil hs duty repre-eoave 10 cons
emit We must mel determine ichdt The State IL il the
Legs AZURE! NO. they but OF the peope and
exercise inihfr behalf bu deles power IL is The
PEOPLE THEMsELvRs, bound nGeiho- by C,.,s,.-
ton which IS their social compact, and exercising their
powers through their appropriate agents. under that Con-
suuton and compact The Legislature OF the States are
The trustees servants the people Tor certain objects
specitied IN that Constitution. he Senators here in Con-
gress heir trustees servants for certain other p,r
Poes likewise specified in their Constitution; each has
his own appropriate unclions pc ln and il is not
delegated To the oonrol direct The other do
not ftsnd itreioe, toie Legislature OF my State in the
relation OF epr-sentaiiye constituent stand in that
relation only 70 the SOW reign power and TO
them only Iboundio Yield thai obedience which ,rs
e7ehaye owes 70 The combined and Enlightened will
! OF his constituents"
But it is suhiee of some surprise and mortifica-
uon TO hear Mrpr'ston of South Carolina, holding
forth this language on the Odd April:
"Mr. r. then wrg into an argument on the powers in
neFcnt 10 the Seip as Trustees appointed by the Iegis-
n'ufes' VINO werHe'nseyes only trustees Of the PEG.
PEE con'ehdng he Senate ough, look to the osi.
s' sources o. Yer power and not merely the court
by wihclsihey rre appointed The Senate, therefore,
e pound to I'D 10 'lsu People OF the States aud no, to
the l'egsnts9 The people bad right TO NEE, in con-
veniiois aud scad OF ins,rucng their
might desltet'em TO come home This they could do =
~ he were rd he must give up his sentiments in obedi
euee 10 instr cton@, lie could consent To do Inn,
he won't a0ia the power OF the People TO abrdge his
term OF ssgiee. Mr.. p then 10 deny that the
power oil Hsrucion necessarily Implied by the no
e oil eecfon, and asked if the college of electors alter
pefoTntg their duty in eectng The President could meet
'ogeihe and instruct hin the manner i'm which he
should schnge the duties OF his office. He considered
that iheeiecon of Senators by the Legislatures was
innc'oprerisely similar, just de finite une xtended
power They were appointed 10 elect Senator'S inst as
eecorsSere chosen TO make President-IIe believed
hA' The ens'or do their duty when they obey the State
and oothe Legislature Of the State"
i Now WHAT is THE TRUE DocrRINE?
Thelcolleugue, Mr. Leigh, could have laid down
the Lay and the Prophers-if he nd only turned
70 the FLOWING extracts from the Preamble and Re-
so'uuoll which he submitted in 1912, and which
the GeEral Assembly of Virginia adopted:
Ill Is bvions TO remark in the first place tina, tbose
VINO alo TO The people Of each State the exercise nj
this soveregnty the jnstruction of ,hi $500, %
\ ana deny The same power to the State Legisfat,res
gWoNps le empty theory, and deny us the beneficial
praciicef sncn Instructions II is difficult TO concsiv
ho~ I've opie give such Instructions Otherwise tlan
/ through ileir Siate Legislatures.
"Ihe svera State OBSERVATION-DISCLOSURES n Tho neol
VIC foe igh' 10 aier amend abolish the forms OF 90
yernhe certain other gre natural which
the Legisures forbidden touch aud exrep,np
lam powe specified in the Constitution Of Tie United
STATES witch are transferred by The people and he The
Sipies fp,n the State Governments 10 f,e (,ensI
| lido GER H.
every Poycr and attribute Of Sovereigny which The
pie Themselves would otherwise exercise in person
iis'aufes are ID TACT, III the daily exercise Of all
powers btonging 10 the State sovereignty except those
thus orogieu 10 them. Now, the power 10 instruct tbe
Senators the States IN Congress- not been forbidden
ny the SITE Constitutions 10 the Stuie Icpaiures and
retained y the people in their own hands Theretofe
The state legislatures may exercise fh,s act Of soyefeon
" ms fFh OF Insruonng their Senators, properly as
they mayoxeIcse aIy OF those powers which tbev eyer
else daily without any doub, about their right and which
yet are n1 granted 10 them by any express delegation
~ nus uodrne' the whole history Of all The American
Governments proves the business. The state Legisla
es ent deputies to file first Congress-; hcy formed the
OLD At'clF Of Confederation Of the United Slater tb,v
sent deputies TO the Federal Convention tba framed ,
present Coas,uion and they called The Conyenions II
the Peoph which ratified lfIat onsi,nfion HI d.
any express grant Of power 10 pei Torn, these inno,
acts: YET was II ever doubled that they hsd t;pb,G
power Al these great Of sovereignty are a. 7ncb
beyond w age Of ordinary State Lsgssttn as dis
powered Instrucing Sensiors," &c &c
IL Rqoipcd, heroore, Ths, this Assembly doth biel
~ and eqisly disappfo'e the conduct Of both The see.
iosoi r Stle ~ Congress IN relation to Tie subject nj
The Bsnk Of the Uuiied States, and TO the Instructions
eo'cefo Tie same, given 10 the said Senators by tile
Gefffa seinbiy At the last session.
~ Rtrlved, That rs iIe nduhitsbie right Of the
St7s Legislatures, to instruct their Senators in Congress
on ~ pqps either constitutional Of polite whenever the
mseni,H@t Of the occasion shall require such inefleeor
anopai " consequences i'll the bounden duty Of the Sc
naior' to0bey such instructions; provided the Instructions
% be frsn snd obeyed, require the Senator 10 COM
nit yoaion Of the Constitution or an act Of nof,i de-
lpisud,f " '' '"''
~ Rso'red That after this solemn expression Of tho
oppet Tie General Assembly, on lie right Of n.lruc.
Tor ~ ~ du'y Of obedience thereto 80 man oogb,
menee Fhe aecep, the appointment OF senator Of the
- . ~" fHgn's' who doth not hold himself bound 10
] y TIE FRENCH TnEArv