Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1836-03-17

SENATE CHAMBER,
Washington, March 2, 1886
! GENTLEMEN | am honored with your
letter Of the oath ultimo, enclosing me a
copy of the preamble and resluiIons of the
General Assembly, upon the subject Of
expdnging from the journal Of the Senate,
! of the United States resolution Of that
body, and requesting me TO lay the same
before the Senate.
| adhere to the doctrine Of the right of
! instruction, as laid down in the resolu
/ tons of the General Assembly OF Februa-
nv, 1912, taken in the plain and obvious
sense, and 10 the full extent. in which il is
there expressed; and shall continue,
not only TO respect, bat also TO maintain
| il, TO the extent Of my ability. ldeem II,
indeed, an important part Of the great
right Of State interposIton, as explained
and enforced in the memorable resolutions
which have illustrated the session Of the
General Assembly of l799-lSQ0; and, in
my opinion, this right Of instruction Will
be found of inestimsble value on all oc-
casions that may arise, presenting ques.
tions concerning the just boundaries OF
power between the Federal and State Co.
vernments. If, then, the General Assem-
bly, had instructed me 10 give vote, ac-
cordng TO its sense of propriety, on any
constitutional question which | could con-
slider as at all doubtful, especially on
question on which the public mind had
been long and deliberately exercised, on
which mems judgments had been formed
under the influence Of no party or tempo
rary excitement, but of dispassionate rea-
son, and yet remain divided & balanced
should. in such case, have followed the
| Judgment of the General Assembly, though
it had been contrary to my own For
! this would not be 10 violate my oath oil Of
fee, but only to renounce .he valnglorl-
Gus pretensions TO inlalliabllity, and 10
nav proper and conscientious difference
| 10 the wisdom OF the General Assembly.
If the General Assembly had instructed
me not to vote for a particular measure,
on the ground that it held the measure IN
constitutional. then, as it could hardly be
unconstitutional to comply with such ne
gative instruction., | should have had no
hesitation in yielding obedience TO 1t, how
| ever clearly the measure, so disapproved,
might appear TO my mind constitutional
and wise. And as TO questions of mere
policy, involving no constitutional right, l
can hardly conceive case IN which 1
should find difficulty in conforming my
vote with instructions gwen me ny Inc
General Assembly. But do not hold
myself bound to obey, and | cannot obey,
any instruction that commands me 10 DO
an act which, in my conscientious opinion
would he, in itself. plain violation oil the
constitution, and in its consequences, dan
gerous and mischievons in the extreme.
While thus declare my adherence to
the doctrine of the right Of instruction as
serted by the General Assembly IN 1872.
which, sincerely believing il to be just and
true, then lent my humble aid TO main.
tain, | beg it may be distinctly understood
that if, upon more mature reflection, |
thought the principle wrong, neither the
| pride Of opinion, nor sense Of the advant-
age which public men derive from MAIN
tanning their consistency nor fear OF the
reproaches which inconsistency always ~
ours, (unless, indeed, it be backed with
powerD would Withhold me from renoun'
cingit.
The first Of the instructions you have
transmitted 10 me instructs the Senators
from Virginia, in the Congress OF the Uni
ted States, " to introduce and vote for a
resolution. directing the resolution OF the
Senate of the 2S;h of March. 1884. decla'
ring. that the President, in ihe late exec
utive proceedings, in relation to the public
revenue, has taken upon himself authorl
~ and power not conferred by the constl
tuition & laws, but in derogatlon Of both,
to be expupged from the Journal of The
Senate of the United States, by causing
black lines to be drawn around the saio
resolution, as il stands on the original ma
nuscript journal, and these words plainly
written across the face of the said resolution
and entry Expunged by order of the
Senate of the United States"
| have re considered the resolution o
the Senate disapproved OF by the Gene
raj Assembly, 10 reference. as well TO 1T
intrinsic proprieiy, as TO the constitutions
competency Of the Senate TO adopt 1t;
have reflected on the question, whether
; the resolution of the Senate, supposlng !
wrong, can constitutionally be expungec
from the journal; have, in doing SO
earnestly endeavored TO discard from my
: memory the circumstances belonging &c
| the history ooth oi 'hc ioso'u'o" S'"
. ned, and Of the resolution condemnatory
, indeed, | was called on &c consider The pro
|, position 10 expunge the resolution oil the
, Senate. before | thought il possible coulf
ever be personally concerned in the result
, and in every view have been able to
take of the subject, find If absolutey I'm
possible to obey the instruction now CIV
! en- me. cannot obey it, without con
!. hitting an act which. TO my judgment :
q conscience, would be a plain violation o.
the constitution Of the United States.
cannot obey it, without descending 10
n degree Of slavish baseness that woniu rem
!, der me justly despcable, and expose in'
I to the scorn even OF those who have com
: manded the deed. cannot obey Il with
n out forleiting my own self respect forever
The constitution of the United State
contains a provision ouch as is to D.
found in few, If any, of the State cons'l'n