Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-12-08

1t and member of the House of Representatives Sc
hator IS instructed, Representative requested The ho
norable Senator formerly 10 instruct Senators
and TO request ou Representatives. TO not
merely To recommend: an instruction TO senator i'm con-
tradisnctlon to request a Representative implied
command Its useless offer proof that the right
IN md implies The duty 20 oeey And it is hoped, that the
language of the lion rabe Senator either not mature
| u considered, not correctly reported.
Ii has been stated to the world that the Legislature of
Virginia instructed their Senator's in 1905 Ia use their
Oest e"d,"noTS TO obtain amendments to the Constitution
OF the Uniu'd States, which would in effect rive the
state Leg the right OF recalling their respective
Senators IN Congress; and that this nsi ucton was sub
sandty dlsobryed The fact may have been as STATE d.
is only mentioned here that may bc remarked, that
passed wi,h"ut censure only because it passed without
notice IL never understood act of resistance
tn instructions.
Various objections have been urged to this claim Of
Tue constituent, of right to instruct the
on which 1t may be proper 70 bcsow some attic ntion
me FIRST objection that nm to be considered lies
chehy against me right Of e people Instruct thar
immediate representatives., and is grounded on the sup.
posed miposs'by of fairly ascertaning the sense Of
may often be matter &C great difficulty hut then the
uuy "i nOcdence resolves itself question not of
r,nGipe' out OF aet whether the right of instruction
mas oeen exercised or not The Representatives
not be bound by instruction that is not giren but
that IS no objection TO the obligation of instruction
aetuiny gtcn And at least, this objection cannot up.
ply TO instructions voted by State Legislature.
IL has been urged that representatives bound
10 obey the instructions of their because the
nsttuents do net hear the debates and therefore can
II he supposed Judg of the be voted If this
objection have i"rce enouoh TO de.,t The r;h, 81 ia
sincton ought TO take away also right OF reject
ing The representative at subs quent election for il
might be equally urged that OCCASION as agans, the
gh OK instruction. that the people heard the debate
that enlightened the representatives. mindthe Reasons
mat convinced his Judgment and governed his conduct
III the right OF Instruction be abandoned this ground
tue sh oi REJECTION should be yielded also. In other
words, the principe that mankind is competent 10 self
government, should be renowned The truth is that
our institutions suppose, that although the representa-
i've ought to be-, aud generally will be- selected for SUI
per'or virtue and intelligence yet greater mass of wis
dom and virtue still reside in the constituent body than
the utmost portion allotted to any individual
But It has been said, that State Government may
struct its Senators To violate the Constitution of the n
States that State in actual nsurreco against the ee
neral Government may instruct its Senators TO promote
the of rebellion; and il is asked whether the Seno
tor would be bound by such instruction. to violate the
Constitution he had sworn preserves and to overthrow
| the Government he had sworn to defend
IL may be answered. in the first place. that the par,i.
cuar instruction which forms the subject present con.
sderation, could by possibility involve breach of
the Constitution OF the United States II might and i'm
The oP'aion OF this Assembly would have been unconst
uonal to charter the Bank of the United States anew
bet surely itcoud not possibly be deemed
al not to charter it,
As to the rest without determining the point which
has been taken for granted that State open rebel
lion against the General Government, would still be en-
titled To It's representation the Senate of the United
States, which, 10 say the least, extremely doubtful
it is admitted without Difficult y that if State insrnc,
its Senator 10 give plainly sttuonal or to
raise the standard of rebellion the Senator is not bound
to obey the instruction Every case that sup
posed must stand upon its peculiar rcumstances:
SOPPoses all bounds OF right transcribed, all Legitimate
rule proStraed and the proprcty of opposition must be
the mischief, and the prudence of resistance But il ia
40 argument against the exercise of Ia wll mower Thai
may be made the Preext for the assumption of I'M
awtuI power The right of instruction. righlully exer
cised, with no evil Intention pcrncio1s object can
not he affected by the admission that if either State
government or the General Government, become cor.
rupt and ambitious, and usurp tyranncal power il NAV
OF right and ought to be resisted The admission is
cheeriully made. The General Assembly Of Vrgn;a 10
incapable oil Affirming the exploded doctrine of non.re
sisance ~
Finally, il has been objected that the Instructions e
ares Ot oI i0afnr 4,
because the obligation insisted on is fortified win M
sanction; the representative punished for his
oisooedence and his vote is valid, Notwithstanding his
49,, iue' l. Is uue, mat there is no mode of legal
punishment provided for his offence this default of dniv
and that the act of disoLedence will not invalda,e tie
Vo'e itsune, too that representative may perversey
advocate measure which he knows be rninous t HE
country and that neither his will BE- invadated by
ms depaViiy he be punished by law for his crime
1einous as surely is But il not follow that tlc
one representative Gound obey e INSTRUCTIONS of
ms constituents any than the other is lot bound Ia
obey The dictates OF his conscience duties stand I'M
on Tue same foundation with almost all the great political
and moral obligations The no!les dnes of Ina are with
out any legal sanction; the great of social duties
duties Tie most important, sacred most useful
our cues 10 our parents 10 children, our wives
10 our ianilies TO our neighbour country our du
ties TO Cod are for the part without ega sanction
yet surely not without the strongest obligation The
duty OF the representative To obey Ike instructions of The
constituent body cannot be placed on higher ground
oucn are the opinions of the General Assembly of
virginia on the subject of this great right of nstruc-
non ana such ibe general reasons which those OPT
mons are founded The subject is susceptible of varons
other and very strong views which predetermined
because they are not understood because they are
deemed unnecessary
J. ReSOeed, therej0ro That this Assembly doth hipb
y aud equally disaproVe the conduct of both the Sa1n
tors OF ths State ia Congress ation to the subject of
tue Bank 81 tie United States, and the nstrlclons
concerning Inc same to the said Senators bv the
General Assembly at the last session
Z ReS0lScd That 1t is the indnbitable right of Che
oate Legislature to asrsIct their Senators Conures
on all points, either constitutional polite whenever
the magnitude of the occasion shall require such inter
erencej and that by consequence is the bouudcn du
~ OF the Senators 10 obey such Instructions provided
The instructions to be eiren and obeyed require not the
Senator To commit violation of the Constitution or an
act Of moral tUrpitude.
ReSoiSed, That after this solemn expression of the
opinion OF The General Assembly on the rigb of in
henceiorth to accept the appoip of Senator of The
OhiFd states from Virginia, who doth hold himself
bound to obey such instructions
RESOLUTION
requesting The ETecufce onSmn cOies of the Pream
Ote ami Resolution tie subject of tie Rieht of In
StructOn
agreed TO by both Houses, February Goth 1921
Ees0pcd, That the Executive be requested to transmit
copy OF the Preamble and Resolutions adopted bv both
Houses OF Assembly at the present session. on the sut
ectoi Tue right OF the State Legislatures instruct the
Senators of the several States Congress and the con-
duct of the Senators of this State in regard to nslrnc
TONS given them The last session Of tue Assembly TO
each OF the Senators of this State in Congress- and to the
Executives Of each of the L nited States.
SIX DAYS LATER FROM ENGLAND
NEW FORK Dec. by The ship Josephine Cant
Brliton, from Liverpool, have adgiccs TO Oct 30
Fhiy-one Carst prisoners haze been sent to Havana
TO labor on The public works
The money market was more confident at London
IN nm Ill