Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-01-30


pscai the county in the Legislature irdcemcd ne
c"s,asy 70 DO 50 a, TINT ti'ne by the meeting
MANY fEEE,ioLDERs OF NeckLENBuGG COUNTY.
no lAE EDITORS or YnG ErouyRfR.
see writer under the igniture of pendeion has
taken tic field upon the dactrinc of ns,ruc,ion and
thrown an anchor to windward for the Virginia Senator'S
souu the Legislature pass the Expunriny Resolutions
he design OF This writer cannot Le mistaken Il is to
sow that our Senators may properly reise 10 oJey in
aug yet 'efa,m their seats in the Senate, iciih
e"t etotng me general doctrine piadeated Lg Mr. Leiph
,n htS Rep>sf IF 1872 The writer of Pendlcton'' has
taken us ground, no doubt without the kno or
sanction of the Virginia Senator's aud his essay may c
regarded as expressing only the individual opinion
wishes OF political friend who believes that they will
be instructed, and wishes lhem neither 10 oLe nor rcs;
put now van and impossible will this be- IL Messrs
Segh and Tyler carry the PRINCIPLES of Air
lie Report, and maintain fairly the right of ns,ruc.
uoa' DO not believe that either of these individuals
s" rnsc to obey and stW continue hold his seot an
me Senafe When Senator from Virginia shall do, This
90 Plnchs ms defence upon the grounds assumed by
. Fendleoil, be supported by the people of virginia
then VIII death wound be given this great ryi and
WIN II one OF the vital principles Of republican govern
IL Is singular coincidence, that Pendleton' should
nave taken The grounds which Mr. Giles did against MIR
Legh report, IN viad.cation of his "a Sena-
tor from Virginia in ISL No man more strongly d
approved OF MIR. CHESS defence than Mr. LEIGH: and il
may be important hereafter TO Law the whole proc.c
NY oeio" Tue P"ohc when the Legislature shall have
ac'u on the subject aud the Senators taken their
Al present the following brief review is submitted for
e inioruation OF those who take interest in the sub
In 1910 H. the Legislature instructed her Senators
Messrs lilies anu Brent to vote against the of
the old Bank ofthe United States Mr. I,rent dsobnyod
Inc instructions, and Mr. Giles obcyed; but lac went into
an examination OF the effect of instructions and denied
mat they were obligatory the Senator He admitted
he right IN the State Legislature instruct but con
tended, that the Senator hiinse II TO udre of The .
tent aud nature oil the obligation. In his speech i'm the
senate IN Ioi nc said The influence of the true obi
gation oil instructions therefore, arises from the express
sion of opinion by the State Legislatures und line very
high respect which is all times due from the Senator TO
the expression of such opinion by the Legislature of The
u feel
thai never would dissent from an opnion Thus xn,
ca unless in clear and ndisputabe case the point
cohtshu Tor is, that this opinion iinpcrative
compulsory mandatory that it not in the nature o
command but addressed to the discretion of the Sena
Tor instructed taking into due consideration all the Cir
ton" &c. $500 ''''' u'
In the session of 1919, Mr. Leigh offered his repor,
concerning The conduct of both Senator's and cspecaI-
y Mr. Giles, for the opinion expressed in the above r
tract ms report was adopted by the Legislature and
the Right of Instruction solemnly sanctioned A.
Ghes, who felt sensbly the proceeding of The C.perai
Assembly, came before The Legislature in Iol2-I3 with
vndicaton OF his course, and answer 10 MIR Leghs
report In winch, among other things he relied on the
"a resolution OF Mr. Leigs (reierred TO by "P,ndIc
ton, and maintained that there was no difference in
me Pacueai operation between the doctrine of that reso
iution ana nus opinions He declared that both admitted
the right OF the Legislature instruct and that m ob
ga.,on was imposed ON the Senators by the instruc
that such obligation of very hip and imnosng
character ana ought be disobeyed eycent i'm ce
tam cases He asked, "Who was to ndre unon these
important points, whether the instructions required the
SENATOR TO commit violation of the Constitution or nm
act Oh moral uTPitude? The State Legislatures could
not rom The very nature of the case hayin1 AREA
ny oesiued, IN The act giving the instructions 1t is its
ana act which is to be Judged of-and of course
The Senator himself might Judge. Hence he armed
IL was not positive command but addressed Ia his dis
cretion, &c lie then goes and cndeavors TO point
out an Inconsistency between the body of the Rrnor
which declares the ndubitable right of the STAT, egs
iatures To instruct their Senators on all points efs,
"o""e or P0tc aud The provso in the I'd resolution cx-
eptins the Senators from obedience in cases wber. the
Constitution might DO rioicd or an acl of moral tprn;
iuue committed &c He maintains that The, Senator
10 resign IN boih whether the instruction directs
MIN To violate the Constitution commit an act OF mo-
fai turptude; and as the term moal turpitudc" WAS
very vague and Indefinite it ought to have been defined
ne further decared that to be required 10 yire q roe
winch lie eOnScenOasiy 6eiterod would be nuFous m ;s
country, &C, would be an act Of moral turptude
Here Is The whole argument in the compass of nut.
smell, ana one much stronger than that of ndeton
pnt admit ITS truth, and what becomes of Right of
"y"c0n elmer on questions of consltuiionali,y or
Ponncy' would Vt not lac nprncticabe and useless!
But how did Mr.. Leigh receive this ARGUMENT of Mr.
was ne not indignant and. oPen-moutled against
~ Inc history OF the times will, presume, she w
Tray, Messrs Editors uscertan and let the public know
a. you cannot perhaps others may. The distinction at
"hPtea 10 nc taken between questions of conSiHstana
~ and Poey, Is not well founded If the Legislature
can instruct IN the case they can in the other and
e reasons are stronger favor of constitutional oues
tons than those Of pOiiey The report expressly afirms
he FBh' as 10 both and the Senator either connlv
or resign lie need not violate either the Constitution ~
ms conscience. find by reference to the PROCEEDINGS
tlat took place in the House of Delegates on the rcs,
tons OF 1872 approving of the conduct of the General
Government &c and the right of the State
to instruct, MIR c. +. Mercer in answer 10 Mr. Ieigb
admitted the right II the legislatures on coxsrIrurIosaI
QUESTIONS but denied it mere QUESTIONS Of porcy
&C. thus we go! Here, at least, "Pcndetoi," and
MT Mercer are at issue; and may take aston here
after To hunt up Mr. MERGERS speech and substitute od
give 10 The public We shall then the argument
pc a"u con- MASON
------.--..----e------
VIRGINIA BIESasHSR,A,EgJuRp1