Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-10
Richmond, Thursday, March 10.
MR.. LEIGH.

| benldmin
The Rubcon is passed. The Senator's Letter is now
before the public, and will the strongest feeling.
| in the bosom of every Republican of Virginia For our
own parts, we can scarcely find words sufficient ex
press amazement and disapprobation. We cannot
doubt that his Letter will be regarded as tissue of the
nmsicst sophsms which ever emanatcd from a public
man of any Distinction in Virginia. How truly typcal
is its zigZag character of the anomalous unsendv and
crooked course which its author has pursued When
was there paper of this description addressed TO the
Representatives of Freemcn by of their own User
wants, strongly characterised by such ovcrweening
and arrogant presumptionso utterly regardless of ali
the of discretion MIR. Leigh affects indeed TO
play bold and lofty pate assumes the noel busk ms
OF heroic dignity but he should have recocctcd that
ms audience consists OF free and independent People
who able TO distinguish rashncss from wisdom and
passion from princplc-Mr. Leigh have form-'
ed too high an opinion OF his Abilities and have
calculated too largely the credulty of his country
men, Let him be assured, that such insy sophsry and
such fragrant as this cannot bewiler the
understandings of the People. Mo- They will require lin
the language he has applied others) 0cs not pro
other aud better proof of his voton TO
the principles OF the Constitution, and the doctrines
| OF our Republican Fathers, than idle and ridiculous
vauntng-te is right, too, in supposing that daring
an attempt to bring into contempt the essential principle
OF Free Government and to defy the People and their
Representatives, will call forth spirit, kinde
flame from end of this Common wealth 10 the other
1t will sweep from the Mountains to the Ocean, and will
teach Mr. Leigh and his compeers, (alangum Soulhard
and othersO lesson, which they will never forget.
Anu who oi all men breathing ought to have been the
last TO pursue this extraordinary course From whose
arm would not the blow.have with better grace
Had not this essential principle of free government
enemies enough already without arayixg against il the
name Of Benjamin w. Leigh? Was il for a man like
hn to sacrifice every principle of consistency upon the
atar oil faction Was ii for the author of the celebra
ed Report of 1872 be first Senator of Virginia TO
trampe 1t under foot TO strike the only national plume
whch ne ever wore IN ms cap to commit suicide his
own political reputation?
And when was such conduct miscrably defended
He seems almost 10 have banshed from his mind the
opinions he formerly supportedor where he has refer
red to them, he has been unfortunate msepre-
sent them Let us take brief retrospect of past
actions:
In ISL the General Assembly of Virginia instructed
their Senators, Messrs Giles and Brent against
the cchartcr OF the first Bank of the u States on te
ground OF ITS unconstitutionalty Mr. Brent dsobeyed
ms instructions, and voted for the Bank Mr. Giles acted
IN conformity with the Instructions and voted against
The recarter But his speech he expressed the OBI.
nIon that whilst the Legislature had the undoubted right
to instruct their Senators had the right judge wIe.
ther The instructions given required 1ioate The
CcnS'fut'0n, or TO DO an act IT moral turPitude This
opinion was subsequently expressed, in the most re-
sPectful terms to the General Assembly, and support
ca by an ingenious argument, TO the heads which
we shall presently The temper and tone of his
Letter were certainly very different from those Of
MIR Leigh. Now, how was Mr. Giles treated for
his opinion by Mr. Leigh himself? lie was then for
the first time member of the House of Delegates from
the town of Peersburg--th highly democ rac-then
worthy OF the compliment OF the cockade the Union
lie proposed resolutions Of against both the Sc
naofs and supported them by the celebrated Report of
lolE winch was adopted by both Houses of the Gene
raj Assembly lie was especially and almost per-
sona ON Mr. Giles that gentleman himself consider
editor, he thus speaks ofit: liz 1911 ohea had
not only o1eyed Me instructions Of 1910, but used mig
BEST eteTtt0nS for Mir success The General 4Ssem6 for
e PTeSeTeatt0n Of their 0on rights aud dignity teu upon
me tch The most unprecedented Ui0ience, NC A1ain
ne says IN p0oer exercised 'ciM severity t0lcards Tie
Senator's personality and IN respect necessary for The
In the preamble (of the report lol2) hope is
expressed, Mat Me language efMe Senator eitey
net DGt"yey eonStdered, MT correctly rpoyted This
| g allusion is exclusively pointed at mgseiff
In the session of 1912, Mr. Giles sent to the Legisa-
ture their port in whchhe undertakes to
yindicaie himself lie attempts show that the excep-
ton contained in the Resolutions of 1872 Uhe yery ex-
cepiion on which Mr. Leigh himself relies usli-
heidi Inc uhfr, 10 ..
how was tins Letter received? Though coming from
one of the gifted and distinguished men i'm Virginia
II was treated with very little respect, and by none it is
believed, with more aspery than by Mr. Leigh himself
IL loaS neither printed, put up0I the journals And
YET as we shall presently see this very Senator who
thus criticised and censured MIR. Giles for UereLv err
pressing opinion which regarded as unendly to
the great right OF instruction. has hardihood TO
employ the same arguments, and 10 rely on the very
same portions of his Report Justify his own re.
slsiance 10 the doctrine. 70 prove this conformity lei
us contrast MIR. CHESS argument in 1879 and Mr.
Leigh > recent Letter. We shall how coziy they
run together, though Mr. L. the stronger of The two
against the right to instruct.
Mr. GILES sayS-"Ihe influence of the true oLiigation
Of instructions, arises from tie oppression of opinion b
Me SUITE legislatures and the hh respect uhiek is
az a Hes d"e from The Senator to tie oppression Of such
opinion by Tie Legislature Of Me State he represents; re-
sect ,oheh feet strongly, that ncper c0d depart
from an opinion thus ezpreSSed unless ciear and IN
dtSPntabe case 6ut The point cOHtcnded for teaS this
Lta the opniOH Of Mc Legislature teas mol injunctpc
compulsory and rnandaoTy that IS an The nature of
communal, but addreSsedt0 Tie discretion of me Se,o,y
tahtng INTO consideration all The Of The ease
connected ruth such instruction. Now, this IL will be
borne IN mind is virtually Mr.. Leigh's own opinion
And how does MIR. Giles defend this opinion By nm
dertaking, Just as Mr.. L. has DONE show that the BE-
solutions oil 1872, by adding the words the proyiso
left the Senator alone Judge and determine whether
tue instructions direct hun to do an act which would
violate the Constitution, an act of moral
turPitude. But let us hear Mr.. Giles hmself:-sIhe
rst part of these resolutions cgs of 1927 asserts
inc tndubttaIc right Of the Stae Legislatures instruct
Mer Senators n Congress all points Constitutional or
Potnte, ioheneDer the magnitude IF the OCCASION shall re-
in -,
tic boHnden duty Of Me Senator obey such instrnc-
ions IL the resolution stopped here, although deny
such consequential duty, IL would certainly contain
principle OF positive dictum or command and would
lave been carrying into effect the principle of com.
mand asserted by the General Assembly in the preamble
to It's tull extent But the General Assembly thought
proper 10 add this proviso: 'Prooidsd the i1srueteus
10 be gieen and Obeyed, require not the Senator To
20 commit 0iodttOH of The COns,itu;o1 or an ne, f
moral tuTPitude. N0to, the General 4sscnJIy IS re.
Speeg asked eh0 IS TO Judge Of these important POINTS
whether the Instructions require the Senator commit
violation OF the Constitution, not act Of moral
tufptude, not The State Legislature cannot iudge
from the very nature Of the 1t asaready decided
in The act Of instruction itself 1t its udg
ment, therefore, that is TO be jrdQcd Of Of course
The Senator must Judge of both. Upon this plain and
clear Interpretation Of The prOriSioH warranted in
saying, That the instructions not in the Of
command! command - positive and unconditional. |
Annex condition OF which the person supposed to be
commanded Is to Judge and il to be a command
IL may be Instruction. request &C. but cannot be
commandj because tic meaning Of the word command
necessarily prccudes all qualifications and conditions
agatH--'W What Says Mr.. Gcs) is the difference in |
the substantial practical operations Of my opinion and
that OF the General Assembly, They agree ia the fol-
lowing respects Both admit the ri0ht TO Instinct and
fl0 oil ufapr aoI