Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-06-05

Right OF Instruction hold that all the arguments add
duced IN favor of Mr.. Leghs pursuing that course,
founded in false doctrine and contrary, throughout
TO the very nature and genius of political institutions
and in direct conflict with the evident intentions of the
trainers OF our Constitution In this investigation,
shall frequently call to my aid MIR Leigh himscf-au-
thorty peculiarly appropriate and high that jfhig
dare call it into question.
And lst-Thc Wing boldly asserts that .. hc were
elected IN opposon to the public will. that does no;
vitate his rlcction for he certainly chosen by his
proper constituency pursuing all the fris and essentially
| oil the Constitution #
admit tina, the forms of the Constitution have been
prcscrved-but that the essentials have been cnphat
caly deny. 1t impossible believe that any one who
has the slightest knowledge of the fundamental princ-
pies of our Government, and who has any regard for
truth, will support this doctrine. What is the leading
feature in all Constitutions upon this subject -
Why--that the majority must govern, aicays-that
one shall be representative unless he be elected by the
popular will'hnt the "proper constituency of n
Representative, is aaority-and of course. that
one coming into power through u minority, be said
to be elected by the proper constituency, with
truth be called the Representative. WHO the 0pro-
per constituency the Essential constituency of Mr.
Leigh! Are not majority of the People of Virginia
property representa- and their correctly
feeted by their Delegates in the General Assembly
Can Legislature, composed of n few individuals ma
ncstly acting in opposition TO the declared .spopuar
VIII, be called the proper constituency? They can
not The recent elections prove, beyond doubt,
that they were not-and that nothing more than the
tormS-thc shadow of the Constitutions were
preserved in the case Of MIR. Lcgh's election The
substance of that invaluable paper the charter of our
Rights, was tramped under foot. Can it be possible
that the essential principle in our Constitution is that
minority is to rule-that the many to be governed
10y the few Is this the doctrine of Virginia.? itbe
then we living, under dcmocratc but monar
chica orarstocracal form of government. VIII true
virginan in principle Republican, friend to the
Constellation, and to State Rights, contend, "f Mr.
Leigh elected in opposition the popular will fair
~ expressed in any mode they might themselves select
thatthat circumstance does not his election? Will
MIR Leigh HIMSELF openly and boldly undertake to
this doctrine of his organ' He dare do ill., still
say in the language of this organ that his opinions
actly coincide with those of the great majority of Vr.
gina Where is the true, the real Vrgnian that
would not blush to advocate such doctrine? No man.
repeat unless he be ga unworthy son of most
worthy State, would have the face the audacy TO it
Not only has Mr. Lcighs election been vitated 'by
having been made opposition popular will
but contend that it has been, all inents and pur-
poses, inrGddted; that il corrupt ilegitinate lie
gal in the extreme; that by it, all the essentials of
the Consultation have been that
as IT has been fully demonstrated by the strongest and
only practicable evidence that he elected by his
proper constituency, his election is, in the obvious
meaning of the Constitution and Laws void and
of no force effect Mr. Leigh was elected last win
ter against tho will and the Instructions the People
Gan there now be any doubt about III His friends would
not postpone the Election give the People an oppor
tuny Of being consulted Had this course been adopted
does any one doubt he would be elected by the
new Legislature Does any doubt, that if the In.
strucons of the People had been respected last winter
he would not have been elected He was elected bv
majority of four only But how many have been turned
out, compelled to withdraw, for having violated their
Instructions Nottoway, Surry, Amelia, Brunswick,
ton, Ncall havcchanged their Delegates, mainly on this
gso"ad; Thus showing that Mr. Leigh has been fosted
upon the direct uaDsgrcssion of their
lelnn Instrucons.I pronounce his election, therefore
as g void and of force
The Wing also asks" How will they go to work to
rid themselves of Mr.. Leigh? BY calling upon him ton
resign for opposing Jackson Administration when un
der the obligation of an oath he thought it wrong 2"
Yes, sir should say that this is precisely the correct
mode of going work rid themselves of MIR Leigh
if Mr. Leigh will I" rid" them of this duty The
People of Virginia much in firor of the Admins
traton, as MIR Leigh is opposed to it and they,
also, under obligation of oatk :" would support
this asscrton-would their approval IL is rrht
tneh, mat thcy should be Teprescned-hat their OPT
mons should be maintained on the floor of the Senate
and it is their duty all Legitimate TO effect
this object If Mr. Leigh is unable represent the wishes
ana opinions OF majority OF his constituents the People
State acting by their proper Delegates in the State
legislature without violating his "oath" his
scencewliat is his duty what would be the course of
every higJ-minded and honorable" Statesman--Vir.
ginian Let the eloqueat and patriotic Statesman,
Rivcs, give the
hold it, sir TO be vital principle of our political
system one Indispensable to the preservation of in
stltutons that the Representative, whether member of
Mons and ,cShes If his constituents automatically ex
pressed or II he he unable TO do So from ovcrrulng and
imPcrous considerations operating upon his
ana hOn0r to surrender his trust into the hands of those
from whom he derived ill., that they may select an agent
who can better carry their views into effect
This is the dignfed and stacsman-like language of
the prosecuted Rves-a politician of Virginia school,
who understands the true principles of the Constitution
and his govcrnment-language, against the orthodoxy
oil which, at The time, not even Whg-the apoogis
Poindexter Frelinghuyscn, Mangum, &c. &c, - =
pudiatoIs and c0ntemncrs of the Right of Instruction.
was Heatd 10 utter syliaDlc And this points
once, the proper for MIR Leigh pursue. If he
does not wish the Legislature to be goaded into
Of such unredeemed scrvily If he does wish the
Legislature of Virginia TO reach the point of
TO issue such instructions these, let linn respond to
these noble sentiments
But, in connexion with this branch of the subject
tlcar what MIR. Leigh, himself says in his own &C.
lebrated Report of 1898 sit has been objected
cd (says MIR Leigh that the instructions of the consti
tuent are not obligatory the Representatives because
the obligation insisted is fortified with no sanction
lmeanng no law, no compulsory process) the Repre-
sentative cannot DC punished for his disobcdcnce and
his vote is valid, notwithstanding his disobc dience Ii
is true Continues Mr.. that there mode of tc0aL
punishment provided for this offence this deft of dr.
tU and that the act Of dsobcdience will not inradafc
the vote. IL is true too that Representative may per.
eersey advocate measure oieh he knoars ruifous
to htS country and that neither his will be inyali-
dated by his dePravity can he be punished by law
Tor ms crne heinous il surely is But il docs
follow that the one Representative is not bound obey
the instructions of his constituents, any more than the
other not bound to obey the dctaeS of his c0HSeence
Both duties stand upon Mc same foUndatoa with almost
all the great political and moral obligations The nobest
duties OF man without legal sanction The treat
of social dutiesdutics the important most
sacred, most useful duties to parents To our
chdrcn to our wives, to families our ncighbors
TO our couury-Ouf duties to God-arc for the most
part without legal sancton yet surely not without
he strongest obiigoton The duty of the RcprcSentore
to obey the instructions of the constituent body cannot
| be placed on higher ground"
Truly, does MIR Leigh saw "botl duties stand upon the
foundation the duty TO obey Instructions and
the duty to obey the dictates of "conscienco." IL is
therefore, clearly his bounden duty, 20 obey one or
the other of the alternatives" If the Representatives
or the Igea, cannot obey the instructions of those for