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

OT these insults.
MIR BORIS asked if the last remark Of the gentleman
from GOochland applied TO him.
MIR, WATKINS said, Il certainly did not.
On motion OF Mr. WATKINS, the House then adj ,uTn
ed
Uednesdag February I0th
The report of the Select Committee the subject Of
Expungng resolution from the journal of the Senate
of the United States and upon the Right of Instruction.
was taken up, and the question bein, adopting the
cOnd resolution,
sir PRcr said he was about to propose an amendment
TO this resolution which would, ii adopted enable him
10 vote for it, Tie would amend by adding
the close these Words uaess the instructions icqure
him to commit act of moral urpude violate the
Constitution"
MIR. DoRmAS suggested that the motion Of the uen !.
teman from Fayeite aud Nicholas similar to
amendment proposed by the gentleman from Rich
nond last evenings and as that gentleman at this
moment in his seat he requested the gentleman from
Fayete and Nicholas TO suspend his motion for short
time.
MIR. PRieE acquiesced in this suggestion
MIR. PARKER moved To amend the resolution by strk-
ing out all after the word oLoy Mr.. Parker said it
would be recolcced, that he had attempted last night
briefly 10 state his views the House upon the Rsht OF
Instruction. IT, he had endcavored shew the ODE
dence of the Representative lay at the of right
no qualification was necessary i'll asserting it. The
qualified right the part OF the constituent
the services Of the Representative, involved the right
also TO demand implicit obedience. Indeed it follow
ed consequence. And unless you qualify il, the
right must stand in that simple aud naked form. 1t
might be supposed, that he extravagant To-
yer Of the people, from the implicit obedience, which
has viewso this right required 10 their bchests. But he
would confess that his feelings upon this subject al
though at period OF his life they ardent and
cided were, under the Influence of recent experience
fast failing hi. And when he went home to his people
lac thought II probable that he should tell them SO;
ifthey asked hun why his opinions in regard TO that right
were changed he should tell them wherefore lie wish
ed the ayes and noes this question:
Mr. WILSON OF b., asked If he understood the gentle.
ma from Northampton say, that Senator in Congress
was bound 10 obey instructions whether constitutional
or not.
Mr.. PARKER-I will play Yankee trick on the gen.
teman, and his question by asking him another
ask the gentleman from Botetourt, il he thinks SO
Mr. WILSON OF b. No, do not. 1 think If they are
instructed do act they are bound TO
resign But II the motion OF the gentleman from North
ampton adopted, aud the gentleman from Fayette
and Nicholas follows it up with his amendment il will
themselves
Mr. GiLaER said that according to the theory of
our government the peoples the constituent body pos
sessed The right TO instruct their representatives. aud
was the duty of the representative, when so instructed
to obey But the representative has his rights also which
must not be nvaded and his oath maintain and defend
the Constitution paramount all obligations in
the world. II he instructed To violate that oath he
has the perfect right To resign do not DENY snd Mr.
g., 10 the people the right TO demand obedience They
are sovereign and must be obeyed one represent
,ativc RESIGNS unGer the belief that required to viz.
late ms oath, they elect another who al carry their
instructions into execution Ii the people instruct me
to do what think would violate my OATH | will not
obey bat will resign my seat, and allow it be filled
bY another individual who may have similar scrupes
1 hs seems to me TO be the true doctrine
MIR. PARKER. Does the gentleman from Botetourt
see the Predcamcnt in which he stands? Docs he be-
iieve That the right OF instruction implies obedience
lie seems to hesitate ! pu, that question 10 him.
Mr. WILsoS OF b. Yes, do think so. But if the
representative is instructed against his oath or o
commit breach in the Constitution he is not bound To-
obey lie has the right TO resign. ask the gentleman
from Northumberland il he holds tie opinion that the
Representative bound TO violate the Constitution fin
stuoied to do SOL say he has right decide he.
,er an act oil moral turpitude is demanded not but
ar ne cannot obey, he Is bound TO resign his scat
Mr. Parker said, he held the opinion that the Senator
was bound TO obey instructions ou.s-
tons The Consequences of a contrary doctrine ncht
IN nu h.
Ing awar, tor instance, ne cessy should ex
Isl Tor The adoption of certain measure The Semi
tors are Instructed by the State for that measure;
tie obedience might as some
blow might be struck before their successors could bc
'iee'ed' ven, SIR, the instructions the
senators, wiie is important question pcnding aud
Just at that critical moment your mandate reaches
them, they refuse to obey and resign their seatsrhe
consequence 49, that your wish be heard on the great
question upon which perhaps the fate of the country
might depend, is iruslratedand ow BY the resigna-
ton of the Senator'S Does not the see Inc
Inconvenience which would arise from the establishment
ot such principle! 1t would completely abro.ate the
right OF Instruction say that the Senators should vote
ii my people should instruct against the Con-
stuuoh, would rise IN my place and give the vote,
companyng il with the declarations that was the vote
OF my constituents, and not my And hope that
he great Deing who into the hearts all ms crea-
lures, would make the distinction between an act done in
ooedence to the sovereignty of the people an act Of
wIliu moral turpitude and would not doom me for that
oehce 10 mat place OF punishment set apart for the
wicked.
II was true that when the people were corrupt this
not
chanse The principle. that the constituent
DDuy, ana not thcI SENATOR be the Judges wIe-
heF ther instructions arc constitutional not because
IL must De seen that this is necessary order roner
ihe iIgh OF instruction complete for il the power of
Judging was denied the body the Grand object
oi hePrescnalve Government, TO have the views OF the
people represented III every deliberatiye assembly
wouo De defeated If there any qualification of this
princple stated IN the rule of IoI2 am not aware of
H. Ana say, that any who denies the Injunction
To obey, denies the right of instruction; because ODE
dIcnce follows from the power command You cannot
qnahy obedience, except by qualifying the right to com.
inand We have had example of Senator le nderny
ms resgnatuE, not because of his constitutional scr
Pes Dui upon grounds OF policy We all rccOllect that
wheh MI hives resigned his seat in the Senate Inc de-
cared at Inc could not vote according the instructions
OF the Legislature, because Ie had made a speech de.
ciarng directly eonary opinion This was one of Sc
nItor kives reasons for resgnng his seat and if this
snail be admitted as precedent by and by our Senators
may give as a reason Tor resignng their seats that
they entertain certain political opinions He did not
EnO" that the Senate would ever be married To tie
Executive, as had been formerly predicted hut lie
time may come when Executive influence and nl,,i
ca Paralites VIII furnish for the resignation
OF your Senators They may then tell Won whom tbev
are instructed and you hold the balance Of power i'm lie
senate against the Executive that their political opi-
mons, OF Their having made speeches. forbid their obey.
ing your instructions, and force them TO resign their
clsion upon subject vitaly important be made in favor
OF Executive power These the inevitable conse.
quences OF the alternative declared in this resolution
10 sanction the choice between obedience and resigna.
uon Is destructive Of the right Of instruction.
nI' WILSON ci b. said that instead OF being in diff
cuity himself ne thought The gentleman from North.
ampion was himself in dilemma in lis exposition of
me resolutions OF JoI2, and cndcavong to reconcile
ms views TO the principles established by Them
mr FARGEn said hc bad not attempted 10 expound