Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-08
y2lsss INA LEGlsrATURE.

The SrEAKrR laid beior, the House the following let
ter from the Hon benjamin atkins Leigh, which was
ieau; SENATE CHAMBER.
Washington, March I'd, 1886
10 the Honorable Stafford H. Parker Speaker OF IN.
nate, and the Honorable Linn Banks, Speaker Of the
House Of Delegates of Virginia:
GtnHcmen; a,n honored with your letter of the 9Th
u'u'o enclosing me copy Of the preamble and resu
items oil the General Assembly upon the subject of OK
pnngng from the journal OF the Senate of the United
states, resolution Of that body, and requesting &
lay the same before the Senate.
adhere to the doctrine OF the riyht of instruction as
aiu DOWN IN the resolutions OF the Gent RAJ Assembly
oil February, loi2, taken in the plain and obvious is
and IN the full cxent in which il is there oppressed; and
shall continue, not only to respect bu, also to main
tam IT, to the utmost of my ability deem it, indeed
an important part of the great right of State ntrrpos
tlon as explained and enforced in the memorable rcso
lions which have illustrated the Session of the General
Assembly of l799-iS00 and in NV opiuon this tibt "a
Instruction. will be found of inesmaile value on all oc
casons that may arise presenting questions concerning
the Just boundaries of power the 4, dera and
Stale Governments. IT, then, the General Assembly
hao instructed me to give vote according its sense
OF propriey on any constitutional question which could
consider at all doubtful especially on question ON
when tne public mind had been long and deliberately
exercised, on which mems judgments had been formed
under the influence of party or Temporary excite
nent but OF dispassonate reason, and yet remained
divided and balanced | should, in such case have
followed the judgment of the General Assemble
though 1t had been contrary to my own For this
would not be to violate my oath OF Office, but ONLY TO
renounce all vain-gloriUus prctensons l., infabili
y, and to pay proper and conscientious Difference
10 the Wisdom OF the General Assembly. If The Ge-
n
larucuiar measure, on the ground that it held the
sure Unconstitutional hen could hardly be uncon
s,ilul9na 70 comply with such negative Instruction.
should have had no hesitation in yielding obedience To
H. however clearly the measure so dsapproyed nipI,l
appear TO my mind constitutional and wise And as To
guysuons OF mere policy, involving no point of cons.i
'utona right, can hardly conceive a case in which
should find difficulty in conforming my vote With in
slracons given me by the Genera. Assembly. But do
not mold myself bound TO obey and cannot obey any
instruction that commands 10 do an act which IN
my conscientious opinion, would be, in itself, plain
yo'aton oil The Constiuiion and, in its consequences
dangerous ana niischievous in the extreme.
"lle thus declare my adherence to the doctrine of
inc right oil instruction. asserted by the General Assembly
IN 1917 which, sincerely believing il TO be lust and c
then lent my humble aid 10 maintain | Seg il NAV be
distinctly understood, that upon more mature reflection
thought the principle wrong neither the pride of
opinion, nor sense OF the advantages which public men
usually derive from maintaining their consistency nor
lear o. te repoaches which Inconsistency always in
ours (uncss, indeed, it be backed with powerA ouId
withhold me from renouncing it,
Inc hrst CT The resolutions you have transmitted 10
me- nslructs The Senators from Virginia in the Congress
OF 'e United states TO Introduce and vote for reso-
uton directing the resolution of the Senate of the 2Stb
March, 1884, declaring that the President in The late
executive proceedings IN relation to the public revenue
mas assumed upon himself authority and power not con-
,rred by the Constitution and laws in derogaon of
ooth TO be sxpunged from the journal of the Senate
oil The United States, by causing black lines to be drawn
around The said resolution, it stands the original
manuscript jounnl, and these words plainly written
across 'e face OF The said resolution and entry Ex-
plunged by order of The Senate of the United States
have reconsidered the resolution of the Senate dis
approved OF by the General Assen lby in reference m
well TO It's Intrinsic proprety, as TO the constitutional
competency OF the Senate TO adopt il have rcaac,ed
on The qncs,ion whether the resolution of the Senate
suPposng IL wrong, can consutonally be expunged
from The journal; have, in doing So earnestly en-.
deavofed 10 discard from my memory the circumstances
belonging TO the history both of The resolution con-
ae'ned and OF The resolution condennatory; indeed
was called upon to consider the proposition 10 ex-
punge the resolution of the Senate before thouobt
IL possible could ever be personally concerned in
The result and in every view have been able TO take
oil The SUBJECT find absolutely impossible 10 obey the
instruction now given To cannot obey it, without
committing an act which my judgment and conscience
wouiu DC PLAIN violation of the constitution of the u
States ! cannot obey it, without descending TO a de-
gree oil savsi baseness, that would render me Justly
uesPcaDie and expose me TO the OF those
who have commanded the deed. cannot ODE y H. with
out iorieng my seli-respect forever
The Constitution OF the United States contains a pro-
vision such as is to be found in few if any of the State
CONSTITUTIONAL that leach House [of Congressl sIall
Keep journal oil its proceedings, aud from time to time
Puoish the same, excepting such parts may in their
Judgments require secrecy; and the yeas nays of the
members OF either House any question shall NJ The
aesre Of oneiiIlh OF those present. be entered the
Journal The purpose of the provision is most obvious
IL requires each House to record its tansactions-o
record them all truly, exactly and fnyto record them
LOT the Information of present and future generations 10
furnish evidence, to which the constituent may refer
IN the examination of the conduct of the Representa-.
.Ve' or ihe representative resort for his jusfica-
uon and TO hand down to posterity n certain
knowledge of all the acts of their ancestors which
may oien serve as guide to direct them and some
umes beacon to warn. And unless the provision
bed record of the proceedings OF the two houses-unIss
ts duty 10 record the TRUTH be fulfilled without re-
corning the whole truth-or unless the Injunction TO
"ecp TIE journal, can be Understood commanding
us TO PreseTre 1t; it is impossible, should think 10
mainiain that the record any resolution or proceeding
OF e senate can be eLpunged from its Journal in the IL
teIa sense and true Gcceptation OF that word that is
wholly tloted out or erased Indeed it would be diff
cut so 10 expunge any part of the journal, without m
pairing the record of something else which all woud
wish TO preserve truly and fairly recorded
Inc General Assembly itself, sensible las humbly
venture TO suPPose that the resolution of the Senate in
question, cannot be actually expunged from the journal
wout violation OF the Constitution, proposes
sha De exPunged "by causing black lines to be drawn
around the said resolution as stands on the original
manuscript journal, and these words plainly written
across the face OF the said resolution and entrvEx
plunged by order Of the Senate In other words if
mistake not The meaning and principle of the nsruc.
TONS the General Assembly admitting that the resou-
ton of the Senate cannot, consistently with the Cons,i
lutIon, be cxPunged from the journal LITERALLY vet
thlhks, That II may be cxpunged FIGURAIIyELY pray
lhe General Assembly To consider the danger and the
mischief that must How from precedent of This kind
which would, in effect, elude positive Injunction oftbe
CONSTITUTION by mctaphorca Of words and what is
more, typical doing OF deeds doubt whether there
Is single provision of the Constitution, which may
not De eluded and set at nougbt, by similar process
eu MUST ouu Gia TINS typical method of expunction is
more aoorrcnl from my feelings of constitutional duty
and proprety, than the literal Undoubtcdly tie pre-
ccdent admits Of broader and easier and therefore
more Inschieyous, application pray the General As
senbiy TO considcr too the hardship OF imposing pom
the cOnscenccs of acting under the sancin OF nm
official oath, the duty Of conforming their Official con
DUCT with the rhetoric Of their Constituents I'm the
framing OF laws, and in legislative proceedings Of all
Kinds, 1t has always been found wise and necessary 10
discard all figures OF Speech and adopt the pnines
language 10 its painest literal accepiation. If
rightly understand the meaning and purpose Cf the in
structlOn given me- the General Assembly would have