Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-03-12
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Virginia Legislature.
DEFERRED OBSERVATION-DISCLOSURES DAy0
HOUSE or DELEG.3IES-Hcd nesday January 2sth
ELEcTIoN or UNITED STATES SENATOR.


SPEECH OF Mr.. MCDOWELL, or RocKsRIper
Mr. McDowErI said, that he had ntmated his WISH
upon yesterday, of submitting remarks should
suitable opportunity offer upon the Right of instruction.
not in the abstract view of prin cplc of rcpresen
tative government but affected by the mode which
might be chosen for its exercise. lie desired see who
ther this right, admitting il to exist could be qualified by
any considerations of whether il valid
IN given OF its exercise because the manner of that
exercise should be thought to involve imposition and
mistake and whether, such ground the right in that
case an' the obligation it imported could be denied ??
Some enquiry into these points, and others of like kind
more formal than any which had yet been made seemed
10 INN to be demanded by the peculiar circumstances
me present controvcrsya controversy distinguished be-
yond any similar one heretofore by the which
this right Of popular instruction had
character and by the singular vchemcnce with which the
general manner oft had been assaed Never, perhaps
had the public cxccraton been earnestly
ngy invoked upon subject of general interest than
had been upon the manner of instructng by prvac sig
nature, which had been recently pursued Epthets
the most offensive elimination and reproach had been
exhausted upon 1T too strong, foul
to be applied Contempt, scorn, dctcstaon adherence
were the kndcst emotions which it thought de-
serve 1t had been associated in idea with every thing
mat was skulklng or meanevery thing that fraud
ulen or wicked, intriguing; and the petty incidents
OF abuse to which it had given rise, garnshcd with
exravagancies of narrative and rhetorical cmbcllsh-
ment, had been held up, day after day. to the public
mind with all the art and impressivcness of dramatic
exhibition No forms of caricaure had been spared
render ridiculous, and predictions of injury and de-
cepton omitted to render it alarming Our fears and
patriotism, laugh and contempt had been appealed
TO turns, by turns enlisted
the various announcement which we hear upon this sub
jcct, which meets us at every of our intercourse
with one another, and which is abroad through the
land not only in publications from the Press but i'm
the imposing form of speeches delivered upon this
oo If all this be intended for other purpose than to
shew that the mode which has been adopted is most
UNIT and improper for the exercise of this right of
instruction. then surely there means more
disproportioned TO their end prodgaly employ
cd II TINS be all the public dscernnent must be poor
ly thought of indeed, If il could be trusted without
such extraordinary aid to detect such untness for it.
self.
But is there no object beyond thsno Interior or in
cidcnta effect which is counted on? Sir when you make
any mode whatsoever of executing a duty contemplate
in the eye of the public you make the who
II concmptblc Also The act and the actor sure TO
come in for common Judgment; and hence il is and
ever will be, that of all the ways by which the fidelity
OF public agent can be assaed, of the and
most ehcacous Is to make his personal posture ridcu-
ous by surrounding the execution ofhis trust with
and rcproaches. But go step further than this and
shew this agent that the mode is only contemplate
but that IT is dangerous too-that il is not only stain
upon the open character of the people he serves
prosttuted aud subversve of of the most valued
OF their rights; shcw him this, and you shake his dc-
ity more and more. You tempt him by the strongest
and most generous of motives, abandon The special
duties of his trust for the higher and comprchen-
sve duties which lac is thus trained believe are in
voved for his country. DO this in of instruction
persuade the representatives in such case that the mode
adopted is an utterly tat and pernicous whether
he, as an ndlvdua u the ultimate safety of the right it,
self, be regardcdand this DONE il will be no hard mat
ter to astcn his mind the conviction so unit an
OF the part his constituents
abshes no t claim either upon his respect his obc
diencc. What follows; That respect and obedience
are denied. This is the consequence. Al all events
1T is the natural and reasonable effect which may be-
expected from such persuasion of the mind And
has not this very effect been intended be produced
in the case before us Has il not been looked to
the legitimate and expected fruit of that Remuneration
which we have Witnessed? This cannot indeed be as
serted; it can only be inferred. But if no such effect
were intended II 1T has not been meant TO weaken the
sense of Representative obligations to Withdraw the
Delegate from the claims of his constituents by making
species of patriotism his pant TO resist what is de-
cared to be centous and dangerous an exercise of
their power to instruct him. if no such effect or object
has been anticipated proposedthcn the scornful and
constant censurc which have had upon this subject
OF mode, has becn without any sufficient TO sus
tam 1t without any adequate purpose of representative
guidance Of public security. fit be that profpatc
and corrupting and deesable thing which it is repre-
scented 10 be, neither SIX months weeks
tack was necessary to unmask expose it, Let how
ever sir look for moment into this general subject of
mode, AK presenting question of qualification upon the
right of instruction.
Is tho mode essential part of the right of the con-
sttuen to instruct his representatives, The right itself
is taken for granted, not dcned-a least not terms
In lawbetween the regulated forms Of which and those
demanded as proper in of instruction. analogy
is sometimes sought form law, we well know said
Mr.. McD that mode essential, and perfectly So
that obligation proceeding from the exercise of rirht
be recovered otherwise than according TO certain
forms and rules OF prosecution, and before certain irib
mails which have been previously established All this
indispensable to the necessary action Of governmen
upon those civil rights which Tic daily conflicts of ind
VldualS are putting IN issue and which the daily welfare
of society requires have promptly and disintcrcsedly
settled The rules and regulations Of law are devised
for this single cnd-1bey afford the known, uniform
and consistent by which contract relations are
be ascerained, and SUCH they arc made precedent
and understood part OF every private arrangement,
by which rights and obligations secured The mode
OF enforcing legal right, therefore, is part of the
right TO enforce. 1T is, in other words the REMEDY;
that by which, and which only, civil right, the crca-
turc OF the law, be recovered-and without which
every such right would be vauelcss and unavailable
The mode, then, being the remedy is component part
by positive statute and by the of contcsng par
ties, express implied.
But there is MCCARTHY analogy between the case ofa oi-
vii right depending for its and remedy upon
prescribed and admitted rule Of adudication and thus
depending upon the double ground of law and consent 0d
the of the political which we are now dscussnp;
right, TO which restriction Of tine nor of subject
q manner to which circumstantia or collateral
qualification is attached The exercise Of is perfect.
y independent Of every species of positive condition;
can be imposed against others by stipulation Of per.
parties for themselves. Unlike statutory or CT
vii right, whose process Of recovery is fixed this is
bound by process, it is confined within no designated
limit; 1T Is restrained by established form OF action
whatsoever; but rests, here alone 10 ought 10 rest or can
rest upon the free though sound discretion Of those
who hold and who enjoy it. Derived from law, il
be regulated by none; belonging class Of pri
yate rights It can share in Of The restraints with
which these surrounded IL is above legislation and
beyond tilt coexists with the Constitution and nhcos
IN the popular and representative principle, which the
Constitution itself meant 10 organize and cnbody
Founded, avowcdiy and actually founded as this Co
vcrnmeut u.s. upon the public will. there is nothing which
can hinder that will from operating il lsleh for ia
constituted ends and upon its appointed agents Where
pie reprcseniatvey exercised their right 10 control y in
siructiOn f they proper the execution of 0ovcfn