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

tne empty theory, aud deny beneficial practice
such instructions. 1t is difficult to conceive how the
people give such instructions otherwise than through
their Siate Lsgis.aiures
The several State Cons,iiutions-savng To the peop
the sole right to aler amend, abolish the forms of
Government; saving certain other great natural rights
which the Legislatures are forbidden 10 touch and OK
cephng certain powers specified in the Constitution of
the United States, which transferred by the people
ond by the States from the Stale Governments To the
Senetal Government-do certainly vest in the State.
legislatures aud attribute of sovereignty
which the people themselves would otherwise exercise
In person Those Legislatures fact in the daily
exercise of all powers belonging the State
~, except those thus Forbidden To them Now the
power to instruct the Senators of the States Con-
gress has not been forbidden by the State Constitutions
To the State Legislatures and retained by people
their own hands; therefore, the State Lee slaturcs may
exercise this act of sovereignty this right OF nsrucng
thef Senator's rs properly they may any OF
nose powers which they exercise daily, without any
doubt about their right aud which yet are not granted
TO them by any express delegation.
VI this doctrine the whole history of all Aniericau
Governments proves the business. The LsgiSia-
tares sent deputies to the first Congress- then
old articles of confederation of the United Saies then
sent deputies to the Federal Convention that framed the
present Constitution; aud Hey called the of
the people which ratified that Constitution Had the
any express grant OF TO perform these important
sets ie, was At ever doubted that they had rightful
power! All these great acts of sovereignty mu
Beyond the range of ordinary State Legislation as is
TINS right OF insiructing Senators.
put TINS right Of State Legislatures to instruct their
senators In Congress, is yet concusvely demon
strabe from view of the +, dera Constitution tak,,a
win Ills context the old articles of confederation
The articles of confederation were certainly nothing
more Than perpetual solemn league and oycnant be-
tween the State soveregntes The Federal Convention
was deputed to amend them. It, however, proposed a
new system, which, in its construction of the House OF
representatives, departs from the principles of the
league and is clearly national but in That OF the Senate
euneres TO those principles and clearly federave-
decorative, as wei ia the equality representation AZ
IN the mode of election This was more, in effect
than engrang much of the ioymcr league upon the
Constitution, making that branch of the Government
as the whole had formerly been, the OF
the State sovercigntes and placing il, like the Con
he in
nuence of State Legislatures. Now the rght of the
STATE Legislatures to instruct their Delegates in Con-
gress under the Confederation, doubted The
senator's uader the present Constitution in the
same relation to the State Governments The Senate
was designed, In TRUTH to form the balance of the ne "
Constitution; the consolidating tendencies of the other
principles OF the system and TO preserve the State Co.
'erhmcnts involac. Such certainly the conempo.
Taneous exposition of the subject.
Is has been asked by some, if the State Legislatures
may instruct their Senator'S why may the colleges
PRESIDENTIAL Electors instruct the President? The fghts
OF the State Legislatures their Senators rests
not solely the ground that they elect them bat if
DID, there is no simtude between the Electoral and
Legislative code in regard the right of instruction
Instead OF parallel, there contrast etyeen them
The former few weeks is created Tor ain ,I
purpose, anu when that is answered. dissolved
the latter may be regarded always existence is
ated Tor general purposes and the fair Representatives.
the President and Vice Presidents each gives on the
vote OF one State no one Of them, therefore can with
any colour OF right claim the officers elect
cd oy The Electors OF all the States whereas the egs-
atures have the exclusive election of their Senator'S who
return 10 them Tor reelection Every facility for action
TOO, possessed by the the other would be m
practicable to act at all BESIDES the President and Sc
ators are officers Of very different Character he is truly
the Representative of the whole nation elected nv ali
responsible TO all tey the Representatives of ,
States elected by the States responsible to the States
ana we naturally look to our particular Representatives
10 promote the objects have heart 10 instruct me
president were absolutely impossible.
IL has been urged, that if the State Legislatures ma
instruct their Senators an Congress- may the State
Executive But the State Executive are clearly in M
case the electors of the Senator's they vested with
tue appointment during the recess Of the Legislatures
from mere necessity; and 1t is not the Executive
egsatVe bodies ofthe States that clothed with c
State sovereigniies; this is the great distinction
lhe power OF the State Legislatures To interpose on
questions OF deep political interest, the affairs of
The General Government, by way of instruction to
their Senators, obligations of such nsructions
are sustained by authorities, the weight of which will not
be resisted.
The celebrated authors of the Letters of PuJus speak
tue following unequivocal language:
the MAJORITY I'm the General Government should
oe reay disposed TO exceed the proper limits the com
muhy VIII be waraed Of the danger, and will have an
opportunity of taking measures to saard aqa:ns, IL IN
dependent of parties in the National Legislature itself
as Gten as me period Of discussion arrived STATE e
gtS"treS who will always be only Vigilant but sus-
pcous and jealous guardians of the rights the citi.
zens against encroochmentS from Tie federaL Co1eyM-
ent, wall constantly have their attention awake 10 the
conduct OF the national rulers and will be ready enough
any thing mproper appears to sound the alarm the
Of their diScOniehk" - 49,
And again -" 1t may safely be received as an ariou
IN our political system that the State Governments WILL
complete
against INVASION of the public liberty by the national a
thory Projects Of NSErpatioR be MASKED Uader
PreeceS likely TO The geRocrdt:oa seei bodes
81 men, as o. The People at large The Legislatures will
nave better means of information They can discover
the danger at dstancc and possessing all the organs
oV power, and the confidence OF the people, they can
Mt once adopt regular plan Of opposition in which they
can combine all the resources of tie community They
can readily communicate with each other i'm different
States and unite their forces for the protection
oil their common liberty"
Even the Fedeast, then agrees that the State fers
iaure may nerpose 10 prevent danger usur
patton; ProPoronng their opposition to the MAGNITUDE
of the evil But how intcrposc By sowing the seeds
OF faction in silence? by by public and Dig
nhed instructions? Let not those who dcprccate IN
testne feuds civil wars deprecse the gh or obliga
lion of instructions.
The session of the General Assembly Of Virginia of
1799lSO0, is memorable for The report of a committee
90 whom referred the communications of various
States, relative 10 the resolutions Of the Uhen) last AS
senby OF this State concerning the Alien ScdItion
Laws ia this celebrated State paper authoritative for
the reasoning il contains bccapae eecessary to defend
the State right of Inerposon in the affairs OF Ge-
neral Government; and il is stated to plain pnci.
pie, founded in common sense, illustrated by common
practice, and essential TO the nature of compacts dat
where resort be had to tribunal superiour TO
the authority Of the parties, The parties themselves
must be the rghtiul judges n tie last resort, whether
the bargain made has been preserved violated. The
Constitution of the United States formed by the
sanction of the States ggeH by each in its sovereign ca
pacHy. ~ udde to Tie stability and dignity well
the authority n he Constitutions that L rest on this le
gtinate and solid foundation. The States then beiuO
parties to the Constitutional compact and IN their
reign capacity il follows Of necessity, that there can be
no tribunal above their authority Otis the sovereign
thory Of the States exercised by the Legisatures that
IS here spoken of 10 decide in the last resort whether
he do lryf ho