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

principle, would authcrsc tho Northern States to instruct
their representatives TO abolish slavery in the State of
Virginia do not take exception 10 tho nht but to the
abuse OF it in such 10 require The Senator 10
violate the Constitution There is difference between
the right OF the people to instruct and that Of tn
Legislature. Aithoug may b.. considered ultra
IN my opinions yet | deny that the decision Of
| ihr Stat" Legislature is final in the decision. Of
| disputed constitutional question: | do not deny
the right oil lic Legislature to express an opinion
nn such qestion- is highly proncr that they should
q" ST. Dut the people, in their sovereign capacity the
hna resort. What is it that gives the Legislature the
authority to instruct: Either The reasons which! their
instructions carry with them, the fact Ut their beas
the representatives, Of the people And put it to gen.
trlncn. whether they claim for the Legislature, a
right to instruct independent Of the Constitution or
whether they can exercise that ri ht independently OF
the will Of the people? take different view of The
Soluons of 1912 from that which is taken by other
| gentlemen They seem to more applicable IL the
rght to instruct than 10 the question of obedience
!hry establish the right of instruction, and declare
that It is the duty OF the Senators to obey; but they
also PROVIDE that the Senator shall rot be Instruct
ed to violate the Constitution, commit act Of
moral lurpitude. They qualify both the right Of the
State TO Instruct and the obligation of the Senator
10 obey But take the pTlnc pie Is stated in the resolu
ton now before the Houset is unlimited, and requires
obedience under all and every circumstance. For that
reason voted yesterday TO strike it cut and modify it,
still opposed ii; for although gentlemen say they
DO not intend to all the grounds which have
alluded. canno see how they can avoid it.
Mr. MADISON thought the gentleman could rid him
SELF Of the objection he had stated to the resolution, if
he would make the effort. He says, that we have
right TO instruct the Senators TO violate the Constitution
| never heard that the Legislature possessed such 4
right: that had been assumed. But the Legs
laure had igh; to think-and what then? Suppose
They should direct the Senators to do act which did
not in realty violate the Constitution The Senators
| might Minh it did, and they might be mistaken; and
what to doarc 10 ask the Senator to set up
his opinion in opposition to that OF The Legslaturc?-
No, sir The Legislature, by the very act OF lnsluclng
| al,
violate the Constitution. And shalt we establish the
principle, that the Senator is to judge of the unconsu
tonaltya OF the instructions, and set up his opinions in
opposition 10 that OF the State; or shall il be made Ii.
duty to obey resign, i'll order that other person
may be elected 10 fill his scat.
Mr. WIrCHEK did not deny the position taken by the
gentleman from Prince Edward. lie aglecd that the
Senator either obey resign his seat But We
have right 10 instruct him to violate The Constitutions
and III such case. new question was raised. What
he had Objected to was, the lang Of the resolution
which placed limitation the right; but assumed
that tie Legislature had right under all circumstances
TO Instruct, and IN all circumstances TO demand ubedl-
The gentleman says that the Legislature has
right TO Judge Of the consttuonaty Of their nStruc
tioas do not deny il; but | deny that they have
right 10 violate the CUnsttu demand Of the ST.
nator to do The Legislature has right to judge
but it is bound to ndge correctly 1t is for that reason
that gentlemen here take their oaths to maintain the
Constitution. will ask the gentleman question: II
the Legislature has right 70 violate the Constitution
or the burden of the song that the Legislature has
right 10 Go it, and therefore will not do O-it, say
the Legislature has such right, have they the amtho
~ 20 inStructoers TO do what they have no right 10 do
themselves
The question then put upon Mr.. Parkers amend
meat, and decided in the negative, by the following
ag-Msssts. G s Of A. raS, S1aod h,,.o,, Gilman
soe'H Layns, Wiley Brooke Crais M3G"ic, Campbell Pate
Booker AUSTIN surins Danc samuel Chrsun Richardson
JcInsun ill., Wilson C., Vaughan, Servant Hunter Of E, Ball
Sa" roUHu's no W S Of onss Wutn
Var Of G'ayo9 Ws'sIs Avent GaIIi"son cGeman sUn%
cmao Gregory Sui''neis FIee iiUoe ROBINSON Cartel Nsil
ia" S Wasssner, Rogers Garland NJ, Wiley, Morgan Chap
ln.es, Sher'4l Benon Brown Of ~ Mufdunsh Cooke e
MecOy SWANSON Wi'slet caskey, okn' Carroll, Ma1i.On
M"s SEa Williams %1tf"sy, A''k" D0f%an, Lsyhuin
Cn:el'rI Moaaute STa'ey, atst"yg C'issp'e 1fHsmH'
Mr.. PRIcE said he would offer the amendment to
which he had formerly alluded and in doing So he did
not intend to refer particularly to the present crisis as
he hoped in this the Senators would resign. But
the adoption rejection of this amendment would de-
eide Mr. Ps vote. In the former event, lie should vote
for this resolution, but not otherwise Besides, he
thought it important tatthe principle should be settled
Mr.. Z. then offered the amendment before reciied
Mr.. STASAED said this amendment was similar 10 one
which he intended 10 have presented, if the motion of
the gentleman from Northampton had prevailed. lie
acqucsccd in the rropety of the motion OF the gentle
man from Fayete and Nicholas.
On motion of Mr. WILSON OF g., the ayes and noes
were ordered on Mir Price motion.
MIR. GiLMER said the amendment now offered did not
well adapted to the context To the abstract decla.
that the Legislature had no right TO instruct Sc
majors to do wrong act lie should willingly acccde;
because the right to instruct implied the obligation on
the part of the representative TO obey, and that obga-
ton would be destroyed by an instruction to violate the
Constitution commit an act OF moral turpitude. In
such case the Senator could obcy-a higher man.
date than that of the constituent body would lorh!d It.
1t las been supposed that he might do the bidding Of lis
constituents under such circumstances with the mental
their md tllp
responsibility upon them, for act which his consci.
ence disapproved But Mr. G. could not reconcile such
conduct with the rules Of morality the obligations OF
an oath. NJ honest would allow others to swear
for him, but must be his agent in Keeping all oath
he has taken. But what does this amendment propose
The Senator is bound to obey resi- un'cSS he Is re-
quirc to violate the Constitution or commit an act OF
moral turpitude. If you adopt this proposition, what Will
b. its etccl' Why, that the Senator is bound TO obey
resign unless lie chooses TO do otherwise Such Will be
the result you establish the right OF the representa-
tive up his opinion against the opinion OF the con-
stiluent body If you do this your gt Vi instruction
is not worth buirush.
Mr.. WIrcHEE proposed 10 modify the amendment by
substituting the following: Blu; that state has right
TO instruct It's Senators To violate the ConsItuon or 10
commit act Of moral turpitudr which was accepted
By Mr. Price.
Mr. GlLmEH. As said before, have no objection to
this abstract declaraun agree with II perfectly But
the same question buck upon us-who shall &C.
eide; Differences of opinion cannot be avoided; but
there must be Of settling them. The OPT
MONS Of individual his property. The Lc
.slaure cannot control temlhe :ortures Of the pan
ish inqriston have proved etcua! for such purpose.
Since ihen il is impossible to command acqulcscence
in the opinions OF the Legislature, he doubted tho pro-
prety OF making this declaration, because it would
10 impair the general obligation to obey. If this rule
formally announced, The representative might say
-:sYou have instructed lie TO Commit an act OF n"ia
turplude, and will not obey-neihcr will resign
but will keep ny seat This would totally annlhate
the power oil The constituent body over its representatives
MIR. 6. could not but that This difficulty would at
tend the declaration proposed; but as was true IN IT.
self, he should vote Tor It.
MIR. PARKER said he feared they were wasting precious