Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-01-28

duty Of the Senator in all cases. 10 obey resign has
been heretofore asserted by the General Assembly
Their preamble Declares that the Assembly deem their
solemn duty again to rcassert in behalf of themselves
and the people of Virginia. the right of the constituent
to instruct and the duty Of the representative 10 obey
resign; and in accordance with this preamble OF theirs,
Tie Advocates of the Expung Resolutions have miro
duced resolution declaring, ,cihom any quatrofton,
that II is the duty of the representative 10 obey INC m
sIucllons ot his constituents resign the trust win
which they lavr clothed him.
Now, defy the advocates Of these resolutions I" show
that the General Assembly has asserted that II was
the duty Of the Senator to when he was instruct
| ed !" Commit violation of the Constitution. 80 Tar
from such proposition having been asserted In" E'ne
raj Assembly has declared that the Senator ought to re-
| sst any such instructions.
In tho preamble agreed 10 as before mcnti"n"d on III"
| lows:
1T has bcrn said, that Il State Government may in
siuct lis Senators to volac the Constitution Of the
" United States-hat Stale in actual instruction
against the General Government may instruct lis Sen
anrS to promote tn" of rebe.lion and II is asked,
whether the Senator would be bound By such instruc-
ton to violate the Constitution he had sworn TO pre-
serve and TO overthrow the Government he had
| " to defrnd:"
Alter few words relating merely to the particular i'll
structlon which under consideration, the preamble
thus proceeds:
Without determining the point which has been taken
Tor granted, that Stale open rebellion against the
General Government would still be entitled 10 lis re-
presentation in the Senate of the United Staes which
TO say the least is extremely doubtu!h IS admitted
'c",om difficulty. that if State instruct its Senator to
gre r0tc plainly unconstitutional, or 10 rinse Tho stan
dard IF rebcon Tie Senator is not bound To obey such
instruction. Every case, such as that supposed,
- must stand upon its own peculiar circumstances 1t
suppose all bounds Of tranScended all legitimate
r%!c Frustrated; and the propriey Of opposition must
be determined by the nature of the injustice, the x
tent of the mischief and the prudence Of resistance.
Bu, is argument against the exercis Of lawful
power, that it may be made the preeXt for the assunp-
" ton Of unlawful power The rig of instruction,
" righnlly exercised with no evil intention, TO per-
" ncious object cannot DC affected by the admission,
that if either State Government or the General Co.
vcrnuent become corrupt and ambitious, and usurp
,yrannical power may Of right anil Ough TO be
| /" si$trd."
Seeing then that ifa State instruct Senator To give
VOTE plainly unconstitutional It may Of right be resisted
the enquiry which then results is this What will be the
great effect produced by the eSpnnTnI resolutions, II IN
The opinion of tic Senator'S, those resolutions instruct
them to give unconstitutional vote, and may that
ground be resisted: The members OF the General AS.
scmhiy WILL in the end perceive, that IN voting for these
expunging resolutions, they vote ior which
many Of lirn must greatly doubt whether they vote
for, with proper sr!iresprct; and while voting Tor thing
dSlastcu to themselves honorable men, they may yet
fail effect the object which they adcny DESIRE to
wit the resi- gnaon Of the Senator'S
Whether the Senators might not properly refuse to
obey the proposed Instructions the ground that they
are required 10 commit act OF moral turpude rs a
question which have studiousy avoided 1t would be
difficult To discuss it without using language which
| might he deemed offensive. And must acknowledge
thai indfrrcnuy think of large proportion Of
| these who support Gen. Jackson in his selt-wicd
course there nevertheless in the party, deserving
Of respect, and whom | have wish to wound for a
| moment.
In conclusion, it is proper 10 say, that these remarks
are made without any information from Mr. Leigh and
Mr. Tyler or either OF them either directly indirectly,
as to the course which they either of them will pur-
| sue. fENDLE oN.