Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-01-06

Mn. RvEs-Righ Of Debates an House Of
IA,

Rves has gwen Of his Acknowledgement OF the autlio-
rity OF instructions, and the explicit and unequvs cal
declaration Of his opinions, the referred
he is yet charged with entertaining ant-Rcpublican
principles th,s subject; and this. the faith OF
meagre skeleton of debate in the Legislature of Vir-
gina fifteen years ago. which has been rakcd up from
the coniessedy imperfect and often mistaken reports OF
the newspapers OF the day What stronger evidence
can any public give OF his devotion u principle,
than the sacrifice OF high aud gratifying public station
aud honor to it and yet this testimony has Mr.. Rvcs
freely borne to the great principle of the Right Of In
sruction. II would be injustice to him not TO quote his
own Impressive language in announcing the floor of
the Senate, his determination to his in that
body under the authority of the Instructions which had
been addressed to him by the Legislature Of his State
know well, MIR. President said he, "a and feel
how much of honor and of satisfaction give up in aban-
doning my scat on this floor. | abandon what have
regarded the highest honor of my public lc--an
honor, than which, none higher in my opinion can be
presented To the ambition of Anc rcan citizen.
crihce social and kindly relations with many members
OF this body would ain hope with aii-which have
been the source of the highest satisfaction here
and the remembrance of which, shall cherish with sim
cere pleasure, in the retirement whittier go. know
and feel the weight of these sacrifices; but great they
are, make thc without sigh as the most emphatic
Republican system, and indispensable the safe and sui
tary action Of our political Institutions
The principle to which he rendered this homage of
deeds not OF cords merely thus unequivocaly
ted by him the occasional hold it, sir. be
a vital principle of political system, ndispensa
bic to the preservation of Institutions that the Re-
presentatyc, whether member of this the other
House, is bound to conform to the opinions and wishes
Of his constituents automatically Expressed or IL he be-
unable to do from ruling and impcrious con
sderations operating upon his conscience honor to
surrender his trust into the hands of those iron, whom
he derived IT, that they may select agent who can
better carry their views into effect On all occasions
involving questions of ezpedieney only it is ccnceve
the bounden duty OF the Representative conform
plictly 20 the instructions oftle constituent body, &c
&c But in cases involving the obg atoms of Conscience
he adds, the only left TO him by the surren-
der OF his commission, put il in the power his con-
stuents to confer on another whose opinions
pond with their own
The principle is affirmed by him with equal clear
ness, and IN manner alike uncquvoca in the letter of
resignation addressed by him the General Assembly
The following is his language i'm that papcr:-sInder
deep OF the obligation of the representative to
conform to the wishes and opinions of his
otherwise to surrender the trust committed 10 him
(Which ~ Justly regarded fundamental principle of
our insttutons have anxiousy sought the line of du
y which the occasion made it incumbent me to pur-
After this accumulated evidence furnished both bv the
acts and ahotie declarations of Mr. Rvcs, of his
quvocal recognition Of the doctrine of Instructions is
II not worse than futile to attempt TO convict him of
ieresy, by means of the neagre sbyll sketch which
has been hunted up of debate in the Legislature of
Virginia some fifteen years ago Even if Mr. Riyes
had, only since them become convinced of the right
OF the State Legislatures to instruct their Sena-
tors IN Congress, has not the ample ground
been afforded for honest change of opinion in that
respect by the examples which, for the last four or
five years, have been presented in the Senate of the
United States, of wanon and contumacious defiance of
the acat Of the people, by members of that body, and
wnch have converted 1t practically TO the language
OF MT hlves, on another occason into "proud usurp-
ing olgarchy?"
But, the truth is Mr. Rvcs opinions properly under
&C.
rods decidedly in favor of the authority of Legislative
Instructions, toEthe which that doctrine has
ever been maintained by large majority of the Repub
lcan party of Virginia. TO wit That in questions of erpe
deney merely the Representative bound implicitly to
obey; but IN questions OF constitOna where he cannot
obey the instructions given, without violation of his
conscience, he may and resign. Bearing in mind
this obvious and acknowledged distinction the pre-
cous newspaper fragment which has been SO vnuntng
~ held up IN condemnation of Mr. Rives is at once X
planned IN ITS true and character appears from
That record as ostentatously in hGc rerJa &c
lint ncI, Fslt.
December last that in the House of Delegates in Janu
AIRY, $50, Mr. Henry Darlington of Charlotte moved
TO strike out the word lnstruct in Resolution address
Cd to our Senators in Congress 1t further appears that
he founded his motion expressly the ground that the
SUBJECT OF the Resolution unconstitutional question
and that Senators being Joad b their oats To- s,pnori
the Constitution, the Legislature could dictate to
them in such cases.
The Report, fsuch may be called which is subsc-
q9enty gwen al sac lines Of The column Of newspaper
Of what was said by Mr. Rves, compounded as il oby
ously partly of differences of Reporter and partly
OF remarks of Mr. Rves has certainly but little ueien
sIonto the character of minute accuracy or perfect de-
veopement of the thoughts of the speaker But meagrc
ana imperfect as this report, its face is enough
appears to show the particular grounds on which Mr.
itives sustained the motion Of Mr. Darlington. Accord
ing to the report she remarked that the doctrine set up
ny Mr. Giles which had been referred to in the debate
ny mr. Seiden, involved bubble unworthy of his dis
ungulshed mnd-that what we meant by the Right of
Instruction, was, that might command the Senator
and that he was bound to oJey."
This, euriaed and stinted the report evidently is
M conjunction with the ground which Mr. Caring
ton expressly rested his notion shows az once in what
sense, and under what limitations Mr. Rvcs opposed as
he is alleged to have DONE the right of instruction. on
ihat occasion 1t was in the of command mpos
ing an absolute and unconditional obligation of oLeiuo
and executing the instruction given IN
EVER, whether IT be To do act which the representa-
1--WE Deeveso be contrary TO the Constitutions or one in
wnich ms views OF public policy and cxpcdiency differ
from those OF his constituents In the latter case as Mr.
Vcs very distinctly asserts in the observations already
quoted made by him in the Senate the Representative
wnether senator OF the States, or immediate Re-
preventative of the people unquesonaby bound to sur
render his opinions to the wishes and Judgment of the
constituents, and to execute the instruction given But
where the instruction requires him do an act which
ne conscienciousy believes to be contrary the Cons
tuition he has solennly sworn to support he is not as
tins writer thinks with MIR. r. and large majority of
the Republicans of Virginia, compelled in such case to
execute the instruction HIMSELF but that the will of the
people, or OF the constituent body may every case
prevail he is bound to resign and thereby put if in the
power OF his constituents TO choose another agent who
can carry their views into effect without violating the
obligations OF conscience -
know there some, who. with Gen Parker in the
debate reported in the Enquirer of the 18th ult and who
seems to have felt and admitted the iraisa of his doc
Urine, whe announcing IT, carry their notions of the au-
thoy OF Instfuctons to the entire subversion OF the
obngaons OF private conscience and hold that the re.
preventative IS bound To interpret the Constitution not
according TO his opinion Of its meaning ut by the
judgment OF his constituents But this is neither the doc.
trine OF sound morality, of true Republicansm
Inc principles OF Republication require that i'm every
case the VIII OF the people Of the constituent body
snail be Sareme but in constitutional cases that suprc-
macy IS sceurcdb by the duty of the representative to re-
sign, If he cannot conscenously obey the instructions
given, and make way for successor who can without
imposing upon him harsh and revolving an alternative
as the violation Of his solemn oath
Although, MIR RIyes voted for the motion Of MIR Car.
1ng'on in 1890 to strike out the word "nsrucG" on