Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-06-09


If the tate -Vaficnat Conrcafiot
THE RfGHT or INSTRUCTION.
the sass s. of o "hs s0 ,o" Enquiry into
'"str"t'Hg Representative, and th,'r das otey'
We lay before readers the I'd No on this import
ant question We had supposed after the discussions
which took place in Isl and II, and the memorable
Report from the pen of MIR Leigh which adopted by
the Virginia Legislature 1872 that the point was for
ever settled in this State, aud essentially interviewer
with her political creed. 1t seems however TO be other
wise. The Wings in the other States from Mcssrs CAL
houn and Preston, Messfs Southad and Frclipghuv
sen, have attempted nulfy itand their hcrcsy has
been adopted by of their Wing brethren in yir-
GINA Party spirit mpels them to this course. Their
object to persuade MIR Leigh to retain his seatand
To sacrifice all the principles of his Report.
What course that gentleman means to pursue we are
unable to state. The public curiosity bee awaken
ed-out i, has not yet been gratifed The public do
not even know whether the Governor discharged his
duty in communicating MIR. Leigh the certificate of
his eectonand If he has not done why hc hes ne g.
iected 10 discharge this duty. Every day, increases
the Justification increases the public anxiety The peo-
pie have right 10 know the facts. They will never
until they satisfied The right of instruction ia
too essential TO Representative, Fedeatire Government
TO he triied WITH with impunity IL be asserted in
all its vgor II will do TO defeat il by contemplate
pretexts and sophlsms. The principle be
red out in all its detas it will become the f-
ure, dead letter. II Virginia consents 10 aban-
don IT. what other State will it? lfsc sacrifices
u Tor Mr. Leigh, upon whom she call for complete
uhlmeh u not upon the author of the Report of 1879,
Most OF the sophsms, upon which the '.Whg" and
It's Federal allies OF the North attempting 10 defeat
II, have been duly unmaskcd by Correspondent
But he has not exhausted the subject There is one no.
sition which deserves little further notice II is that
the Senator bound TO obey the instructions the Pea
Pfe and not of the Legislature. This is the ground
winch the Wings of North Carolina taking ia
the case of MIR. Nangum. 1t but the other day uhc
goth May at the dinner given Charlotte in North
Carolina, when the Recommendation of the Meckcn-
burg Declaration of independence was perverted to
Offered:
and s s ne '1S agm mS Fl srrsn people
eolIeni and consistent advocate the
~ VIM Ice Dayilsoa 81 Vice to that Uni
the of the boldly dsis" ssau. lie
S Go9or sI S Sts' Ws & M.Orum who
refused to S be instructed by ihos. rho had no right
gum lie obcy' no Instructions from any sovereign sOrl
But this distinction between the instructions of the
People and of the Legislature is new Ii was made
by Mr. Giles in 1872; but all the ingenuity of that cele-
brated Statesman could protect him from reproach
nor the doctrine from refutaton The position de-
cldedly met by MIR. Leigh, and oyerhrown by his Re-
Port-as the following Extract fully aitcsts:
(FrOn Mr. Leigh's Report
But although the position be- admitted which indeed
1t seems impossible to deny, that the people have right
to instruct their Immediate Representatives that the
people composing each Stale their capacity
may instruct their Senators Congress; it may still be
denied that the State Legislatures have any such right of
sit is obvious remark in the first place that those
VINO allow to- me Peofe IT each State, the this
nct OF sovereignty the instruction of their Senator's and
deny the same power 10 the Suite Legislatures GIVE
USTHE EMPTY THEORY and DENY us the
TONS. II is difficult to conceive how the P,oDie can
give such Instructions otherwise than through their
S0te legislatures
"The several State Constitutons-sayng TO he pcope
the sole right to alter amend, abolish the forms of Co
demonstrating certain other great natural riohts
which the Legislatures forbidden TO touch and ex
cepns certain powers specified in the Constitution of
the United States, which transferred by the people
and by the States, from the State Governments to The
General GoveTnment-do certainly in the State Ie-
gsiatures, every power and attribute of sovereignty
which The people themselves would otherwise exercise
IN person those Legislatures are, in fact in the daily
exercise OF all powers belonging TO the State sovereignty
except those thus forbidden them Now the power 10
instruct The Senator'S of the States Congress- has not
been forbidden by the State Constitutions to The State
legislatures, and retained by the people i'm their own
hands Therefore, the State Legislatures may exercise
TINS act OF soveregntythis right of nstructng their
Senators, as properly they may any hos.
powers which they exercise daily, without any doubt
about their right and which yet granted 10 them
by any express delegations OF this doctrine the whole
history OF all the American Governments proves the just
ness The State Legislatures deputies TO the first
Congress hey formed the old Articles Of Confederation
OF the United States they deputies TO the Federal
Convention which framed the present Constitution. and
Mcy called the Conventions of the People which ratified
at constitution Had they any express grant of power to
perform these important acts Yet was il ever doubted
That they had righul power? All these great acts OF
sovereignty are much beyond the range Of ordinary
Stae rgISlaon as IS tins power of nsiructinG Sem
tors, &c &cBGt this right of lie State legislatures
to instruct their Senators in Congre is yet more con-
cIusiyely demonstrable from view of thc Federal Com
federation.
line Articles oil Confederation Certainly nothino
more than perpetual solemn league an, covenant be.
tween the State sovereigntes. The Fedef Convention
was deputed TO amend them. IL. however oronosed
new gysem which, in its construction of tho IIonse r
Representatives departs from the principles of the esne
ana Is clearly nntona but in that of the Senate adheres
to those principles and is clearly cdcraye-
as wen IN tic equality OF representation i'm the mode
OF rejection This in effect than
so much oil the former league upon the Constitutions
making that branch ofthe Government the whole had
formerly been the Representative of the State SOVEREIGN
ties; and placing IT, like The Congress under the Articles
oil CONFEDERATION under the influence the State Leqs-
letures Now, the right of the Suite Legislatures to in
struct their Delegates in Congress under the conicdera
ton, doubted The Senator under the prcsent
Constitution stand i'll the relation TO the State Co
yernment The Senate designed, in trust to form
the balance of the Constitutions TO check the con-
sodaung tendencies Of the other principles of the eye
TEN and to preserve the State Governments nviolafc
Such was certainly The contemporaneous exposition of
the subject"
.......... FOR 7Hg E.vQULRER
HERESIES AG.9L.VST THE RIGITT or LYSTRUC.
IION.--yir. LEIGTE-TNo. Ill
We now 10 the 18th alternative" in tho last
resort" viz: That" If Mr. Leigh knows that a do
ninont focoH, this year, rendered by the sheer CO.
zenage Of The people, may be prossraed faction the next
year. he viii not be "bullcd into resignation Tor cut
Of an Ucccptance) Of bis scat in the scnaic'
This is the plea which those worthless Messrs Poin-
dexter, mangum, Bell, Spfague &c. ave entered for
Justification Of their mOnsirous' deosabc" and
" disorganislng conduct-a plea which, Of all Others
to me appears the weakest saying, the mean
est and most contemplate What exceed the arro-
esnce and mpudence Of that Senator, who rises from
TO those who created him, language, in effect like the fol,
lowing vii your a..