Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-29

"And whereas this Assembly doom IL ,bo, soo,, d,,
L, e,"ssei 'n teha of themselves aud the people Of
virginia, TIE ISht OF the Constituent To instruct the
duty of the Representative To obey or resgn If II mad
ever before been asserted by the General Assembly of
virginia that the Legislature had right TO instruct and
10 demand obedience resignation from their represen-
tauves, MIR. s. said he aware of the fact We
zen oo"ssan'y referred 10 me resolutions OF 1917
as The source OF the used by the friends OF the
night as here asserted But say that the resolutions
OF lSi2 do no, recognize the power Of the Legislature
10 instruct resignation of the Senators And this is
new chapter in the history OF our legislation il pro-
per that attention should be directed 10 it, The second
resolution OF 1872 declares the right and the Injunction
To obedience IL is follows:
heso'6ed, That iii the indubabe sht Of the State
Legislatures I, instruct their senators In Congress on
all points, either constitutional polite, the
magnitude ol the shall que erierence;
aud that by consequence it is the bounden duty of the
senators To obey such INSTRUCTIONS provided the nstruc
lions u be given and obcyed require the Senator
commit violation of the Constitution, or of moral
turpitude."
80 far from asserting the alternative obligation on the
Senators to obey or resign the undonbed inference from
S resolution Is, that IN the two supposed of
QUESTION 10 violate the Constitution or to commit an act
vi moral turPude the Senator is bound to disobey
And further proof OF the truth of this Interpretation
10 be found in the third resolution, which will read:
ReSoietd, That after this solemn expression of the
opinion OF the General Assembly the Right Of In
struction, and the duty of obedience thereto no man
ought henceiorth TO accept the appointment of Senator
OF the United States from Virginia, who doth not hold
himself bound to obey such Instructions
The declaration is here made the Senator bound
10 obey Instructions with the qualification stated in the
preceding resolution. II he accepts the appointment
srnctons OF the Legislature if they do require him
10 commit violation OF tire Constitution of
moral turpitudebut not bound obey them il they do
require these acts Why then is this version Civ
en- TO the right of instruction. Why told that
we must now redSScrt what has been asserted be-
ore-that the Senator is bound obey or resign?-
There can be but for lit force the
resignation OF the present Senators II has never been
recognized in Virginia, that the Legislature has the
right to recall the Senator's 1 adyered a few DAYS
since TO the proceedings of this Legislature on that
SUBJECT several years ago. and showed that then
formally decided that they had the right recall the
SENATORS But under this preamble and resolutions
can iorce them To resign and although it is compe-
tent to us to effect this object directly may indirect
~ recall them by forcing them to their seats
principles set forth III this Preamble and Resolutions and
you may, in spite of the Constitution, appoint your
Senators annually Such the inevitable consequences
oil tins extraordinary preamble and resolutions As the
preamble declares that the right forth in it, is
asserted ask when 1t before by the
Legislature OF Virginia: Never sir No former decla-
ration, that the Senators bound obey resign
can be found in records And the assertion is his
orcally untrue that the advocates of
measure ought 10 correct it,
On motion OF Mir SrASARD the ayes and wero
ordered the adoption OF the Preamble and the ques
ton was put and decided in the affirmative as follows:
[ A discrepancy was discovered in the ayes and
on this question: just before going To press and too late
period to obtain CORRECTION Rather than give them
incorrectly they deferred until our next.1