Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-02-09
TIE RIGHT OF INSTRUCTION..

ment, that he should desert his party but for moment
ONE WHO KNOWS THE FACT.
Richmond, Feb. 3.
TIE RIGHT OF INSTRUCTION.
"Gtayson walk. the to-day scarcely without,
nen Chafn he wisely he scnIin Mr. Leigh his
political! ruin Tho grounds he takes sa,o the fun1anen
tai Right of Instruction. 1.-THE which M Leigh has
the earth advise him, would he the
"hir! "PenIron and Gray.on essentially him.
II Senator BE- bound neither oy INSTRUCTIONS great
Constitutional qucsions touching tho rights and Of tho
State The Right OF Instruction nothing bu; soundas brass
takin: cymba We really from what
G derives his that only thin The last
Representative held bound obey constitutions
questions. know, that maintained before Mr.
Li;h Report made the Senator rr bound 10 e5c,
o. constitutional points, TO resign his
TO THE EDITORS Or THE ENQUIRER.
writer III your paper Of Saturday, (the Both ult)
who signs himself ".nason has attempted something
which will be called 20 the very clear logical
and conclusive article which appeared in the preceding
| nunb-v of The Enquirer, signed 'PendIeton'
:Mason is in 'nb uSquc nd mGid. lie says,
" II is Il singular coincidence that Pendcton" should
have taken the grounds which Nj Giles did agains, Mr..
Lcghs Report in vndication Of his course Senator
from Virginia. in ISL. "Pcndctnn does not take any
such grounds. To the contrary, Pendeton expressly
admits The right Of instruction. and the duty of obedience
10 such instruction prortIcd the instruction does not
REQUIRE the representative violate the Constitutional
" Pend!e,on quotes The resolution adopted by the Viz
ginia Legislature in 1919. 10 sustain his position.
MASON SAYS, ''that Sr. Giles admitted the r:gh. Of
the Legislature TO instruct but commended that the Sc
ra,nr himself judy Of the extent and nature Of
tie "!ication In MIR Giles speech in the Senate in
~ be- said. .tic influence OF the true obligation OF
s,rucons therefore, from the expression OF OPT
mon hv the State Legislatures and tie very high
sp.c winch is all tunes due from the Senator the
expression Of such opinion b. the Legislature Of the
Staie which he rrprcscnts-a respect which feel
strongly that never would dissent from opinion thus
expressed unless clear and indisputah!c but
the point contend for IS this opinion IS MOI imperative.
compulsory iiantaiory that Is not III the nature Of
command but addressed to the discretion of the Sena-
tor thus instructed takng into consideration all the cir
c2nstances Of the connected with that instruction.,
&c THIS is Mr. Giles language. Is it not clear and
conclusive, then, that Mr. Giles did not admit that
the Cuy Of the Senator TO obey any instructions,
whatsoer might be their charactrr Does he not
tend that instructions not compulsory mandatory:
That the Senator 10 consider them addressed 20 his
discretion only: II IS.
Lee, us now sec what Pendleton contends for That,
according 10 the Report and Resolutions drawn Up hr
Mr. Leigh and adopted BY the Legislature, in cunse.
quence oc The dls1bedsncc o.: Mrssrs Giles and Bren.
10 instructions given them by the Legislature OF w
rnia "a Senator bound 20 obey ali instructions given
him BY the Legislature of the State lie represents;
provided such actions do not require HIN to
violate the Constitution, or DO an act oi !nnFai tu1-
plude' Mark! Is not the Senator bound TO obey
al! instructions: provided he Is not required 10 VI
late the Constitution &c: Is every thing here left
to his discretion No, ne is bound-lnlperatlveIy
bound 10 obey all and every instruction gwen HIM
b: his Legislature; provided he is not required to vo-
late the Constitution, do act OF moral tuTpitude
There is much difference IN the views Of MIR. Giles
and those laid down Mr. Lcghs repor, and rcSO;u,in
between ght and darkness The sentiments o; the
those o. Republican, an enlightened freeman;
the sentiments of the other, should and do properly be-
long 10 subject Of monarch.
the right Of instruction Consider cnrdina! principle
republican form OF government. Take away from
n. people, and would prefer monarchy. But can
consent that TINS precious right shall be abused that
1t shall be used subserve party purposes that II shall
be used 10 minister TO the revenge c: disappointed
party.
The right OF instruction. until the las. twelve months,
was ALWAYS understood Virginia. 10 mean the rIgt to
instruct representative and that the DUTY OF such
representative to obey or resign on all questions OF e1pe
dency 1t mas been insisted that the rePresen-
taye vas bound TO obey on constitutional questions:
until within the last year. The oath which our repre-
senlatYss ell take support the constitution has always
been considered sufficient guarantee, that he would 90
nothing violate tia, sacred instrument such was the
understanding OF this principle bv the firCina Lrgsa-
lure in Icl2 when Mr. Leighs report and resolutions
were adopted and THIS report has always. until now,
been considered the Virginia Interpretation OF the
right Of instruction.
esiason" quotes from, Mr. CHESS defence before the
legislature in l3l2l si-w, that clearly proved
By him. MIR Giles. that the Legislature had right 10
instruct constitutional questions and the Senator
bound obey II MIR. Leigh report was to Oe con-
sdered interpretation OF the right OF instruction,
admit M Giles made such attempt, but insist that
it complete failure. and considered as such oy the
whole Republican party. His defence was considered
an ingenious piece OF confused sophstry In po't, Mr.
Giles laid the shelf the political closet, and re-
manned there for fifteen years.
Why was Mr. Giles disgraced politically, mean:
Was for refusing 10 do an act by which tile consutu
ton was to be violated: No. The act he was required
In do was 10 prevent the constitution from being vioat
ed He was dsgraccd. because he dencd that Senators
were bound obey the instructions OF their Lesisiaue
he denied positively Denied that the representative
was bound obey instructions unless ne thought proper
/ hIrll
of constiiu;ionalily or policy.
Mason contends, that the Legislature has moi the
rirt to instruct her Senators questions OF consttu-
tonav the right worth any thing would be use
less differ with him Constitutional questions arise hui
seldom whereas questions 1pedency are CT every Gay
occurrence The one, Of The most serious Importance;
the consequences arising IRON them may prove lata 10
our liberties. The other may do injury, but not for any
length Of time. The constitution pure and nnsuIlIrd,
is always the check TO system OF policy wlch may
prove in furious to the country. Witness the farm
Establish the principle that Mason contends for, and
what will lead 10: 1t wiil concuSvey prove that the
Constitution nothing more nor less than piece OF
parchmen thing be put IN any form or shape Inc
then majority may wish. Legislature may instruct
Senators that certain measure Is unconst'nohai
This instruction is carried by majority OF two the
next Legislature NAV instruct the same Senator'S that
the measure constituonal-thls instruction Is car
ried by majority of twenty-five succeeding Legs
lature coincide in tho opinion, that the measure Is
uncons;I,utional-ths is carried by majority OF one
the Zane Senators obey the instructions N each
cass-wlat then is the condition OF the Constitution:
Which vote Is 10 be considered as the real "smon
Pure:f Establish this principle and our glorious Con-
s,itu,ion becomes nuty. Anarchy ami confusion
must inevitably Then will be the time os bold.
daring talented and popular man tn seize the eins OF
Government and direct the whilnersoeVer he may
choose The people will submit in preference
the the hope that calm and lepose will oi-
low in his train. The people Of England submitted 10
be governed BY Cromwell in preference TO The tyranny Oh
parliament elected BY themselves GhAASoH.
will he rccocced that Legislature Ct wa, BIB
mssiTes the acted nzoo aaif
coneaded, Senators would have been 'ounn
lions relation such and unae speh e
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