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

am therefore little surprised that Col Mallor,
should lend bis aid in any way which calculated TO d
Vde and spit up the party To which he Processes to he
long as he observed at the time he first offered the
ment, that he should desert his party for moment
ONE WHO KNOWS THE FACT.
Richmond, Feb g.
THE RIGHT OF INSTRUCTION.
"Grayson walks course to day. scarcely witbou, com
men' Charm he wisely he sending Mr. Leigh TO his
The grounds he the undaen
" ght OF Instruction Ifhc greatest which Mr. I'm
upon the earth him. would he TO the y.
''ss,'=vsr-',r re essentially urging upon him
IT. Senator be bound resia nor obey instructions o.
eo"SAonai qucs,ions touching the tho
State, tho Right nothing but
aoi nklng cymbal We really not know from whit source
Gny"" derives his assertion, that only last year
'hat the Representative held bound obey
questions For one, know that maintained bofte Mr.
Leishs Report made, the Senator orr bound to obc,
on constitutional points, . resign seat.
TO TIE EDITORS or THE ENQUIRER
a writer IN your paper of Saturday, (the Both ult
who signs himself ''.hason has attemecd sometime
which will be called the very clear ogica
and conclusive article which appeared in the preceding
number of the Enquirer, signed 81 PendIeton'
nnson Is in error "a6.oco usque nd mala." He says
IL is singular coincidence that Pendeton" should
have taken the grounds which Mr. Giles did against Mr.
Leghs Report, in viDdcaon of his course as Senator
from Virginia. in ISL" "Pendleton does NO, ,aL a :, -
such grounds To the contrary, Pendleton expressly
admits the right of instruction. and the duty
to such instruction. Provided the instruction does not
require the representative 10 violate the Constitution
Pendlelon quotes the resolution adopted by the Vr
GINA Legislature in 1879, to sustain his position
MASON says, ''that Mr. Giles admitted the right of
the Legislature TO instruct; but contended that the Sc
nator himself Judge of the extent and nature of
the obligation. In Mr. CHESS speech in the Senate in
1911 he said he influence of the true obliqation ne in
structons therefore, arises from the expression of OPT
MON by the State Legislatures, and the very high re.
spect which is at all times due from the Senator TO the
expression Of such opinion by the Legislature of the
State which nc represents--a respect which feel
strongly that would dssen from an opinion Tins
expressed unless in clear and ndispuiablc but
the point contend for is this opinion imperative
compulsory mandatory that is the nature of
command, but addressed to the discretion of the Sena.
tor thus instructed taking consde all the cir
cumstances OF the case connected with that instruction.
&c This is Mr.. Giles language Is il not clear and
conclusive, then, that Mr.. Giles did admit that it
was the duty OF the Senator obey any instructions
whatsoever might be their character: Does he not con
tend that instructions not compulsory mandatory,
That the Senator consider them as addressed In s
discretion only? Ii is.
Let us now what " Pendleton" contends for That
according 10 the Report and Resolutions drawn up by
Mr.. Leigh and adopted by the Legislature in conse
quence of the disobedence of Messrs Giles and Brent
to instructions given them by the Legislature of Vir
gina, ga Senator is bound TO obey all instructions given
him Ivy the Legislature of the State he represents
provided such instructions do not require him 10
violate the Constitution, do act Of moral tur.
Ptude Mark Is not the Senator bound to obey
all instructons provided, he is required to vi
late the Constitution, Nc, Is every thing here left
to his discretion No, he is bound-inpe ratively
bound 10 obey all and every instruction gwen him
by his Legislature; provided he is required to vio
late the Constitution, do act of moral turpitude-
There is much difference in the views of Mr. Giles
and those laid down in Mr. Leigh report and resolution
as between light and darkness The sentiments of the
those of Republican, enlightened freeman;
the sentiments of the other should and do properly be-
long to n subject of n monarch.
The right OF instruction consider cardinal principle
in republican form OF government. Take it away from
the people, and would prefer monarchy. But
not consent that this precious right shall be abused that
shall be used to subserve party purposes that il shall
be used to minister TO the revenge of disappointed
party
The right of instruction. until the last twelve months
was always understood in Virginia, the right
INST fnfalr LIZ. =.
representative TO obey resign all questions of
dency. 1t has been on that the represcn-
until within the last year. The oath which repre-
senativSs all take TO support the constitution has always
been considered sufficient guarantee that he would do
nothing to violate that sacred Such was the
understanding of this principle by the Virginia Lcgsla
ture in 1872, when MIR. Leigs report resolutions
were adopted and this report has always, until now,
been considered as the Virginia Interpretation of the
right of instruction.
"Mason" quotes from Mr. CHESS defence before the
legislature in ISl2l3 to shew that clearly proved
by him, (hlr GilesD that the Legislature right to
instruct constitutional questions and the Senator
was bound TO obey. fMr. Leigh report to be con
sdercd correct Interpretation of the right ofinsruction
admit Mr. Giles made such attempt but insist that
1t was complete failure, and considered such by the
whelc Republican party His defence considered
an ingenious piece Of confused sophstry La proof Nj
Giles laid the shelf in the political closet and re-
NAMED there for fifteen years
Why Mr. Giles disgraced, politically, mean?
Was 1T for refusing to do act by which the consu
ton was to be violated? No. The act he was required
TO do, to prevent the constitution from being voat
ed lie dsgraced, because he denied that Senators
bound to obey tile instructions of their Legislature;
he denied most positively denied that the
bound obey instructions unless he thought proper
that 1t discretionary with him in all cases whether
of constitutionality policy.
Mason contends, th.tif the Legislature has tho
right TO instruct her Senators questions of
onaly the right is not worth thing; would be
less differ with him Constitutional questions arise but
seldom whereas questions pediency every day
occurrence The one Of the serious Importance;
the consequences arising them may prove fatal 10
our liberties The other may do injury, but not Tor any
length Of time. The constitution, pure and unsullied
Is always the check 10 any system of policy which may
prove injurious to the country. Witness the Tariff,
Establish the principle that Mason contends for, and
what will it lead to II will conclusiyey prove that
Constitution is nothing less than a piece Of
parchmenta thing TO be put in any form shape the
then m5jorty may wish. A Legislature may instruct
her Senators that certain unconstitutional
This instruction is carried by majority Of two the
next Legislature may instruct the Senator'S that
the is consttutonalthis instruction is car
rled by majority Of twenty-five succeeding Legis-
lature coincide IN the opinion, that tie is
Observation-Disclosures is carried by majority Of one
the Senators obey the Instructions in each
Which vote IS to be considered the real "SmOn
Pure:t Establish this principle, and glorious Con
stitution becomes nuity. Anarchy and confusion
must inevitably ensue Then will be The time for bold
daring, talented and popular e. seize The rcins of
Government and direct tie car whithesoevcr lie may
chooge. The people will submit TO in preference
TO the manyin thc hope that calm and repose will fol-
low IN his train. The people of I'm land submitted "a
be goycrnedby Cromwell in preference 10 the tyranny o
parliament elected by themselves. GKAYSON.
will fecosetsd that The Legislature Of Ceogia was b
cd, ath0r bfbcd themsslycs, n the affair viii
be oonendcd soaaors would by
ons from that body IN relation TO such sud undef such cir
Aimos, similar case has already occurred 10 Ohio. In III