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


unexpected. believe, 10 the General AS
sembly. Neither have ] ever believed,
that the resolutions ii had adopted were
designed 10 produce any such resnit' l
was. soon after, elected to fill the vacancy
shall not say, that the resolutions which
had recently been adopted by the General
Assembly, constituted my motive Tor vo'
ting for the resolution passed by the Sen
ate some few weeks after took my seat ::
for, 10 truth, this resolution expressed the
sentiments myself had all along enter
tanned and expressed. But, surely. have
a right To refer 10 the instructions OF the
General Assembly Of 1888 q, requiring
me TO vote for The resolution which the
present General Assembly instructs me TO
expunge. and TO vindicate and sustain my.
self by their authority otherwise, no Sc
nator can ever safely obey any instruction.:
he must incur the danger of being driven
TO the alternative now presenied TO me, oil
dishonoring himself by voting against his
conscience, or Of resigning his place, when.
ever, in the yicissitudes of party warfare.
a subsequent Legislature shall think The
instruction wrong. II is with the deepest
conviction and heartfelt pain, that say,
as must say. that the proceedings OF the
General Assembly Of Virginia on The pre-.
sent occasion. are calculated, above all
things, to impair the RICH, OF instruction
itself
should have a right. too, after having
acted ia conformity with ,nstruclinns g.
ven by the General Assembly at one ses.
sion, and seeing the same oplnions prevail
al a Succeeding session, 10 appeal from the
mandate Of the present General Assembly
to the people, at the next elections Ano
this would seem the more reasonable, II II
should be considered. that some OF the
State Legislatures have, at their sessions
of IS3l-'5, instructed their Senators tovote
for expunging the resolution OF the Senate
in question and, though their instructions
have been disregsrded have, al Their last
sessions, decl:ncd to repeat and enforce
them. But choose TO place myself, ut
once, upon different and higher ground,
and to act up TO the principles. reasons and
motives which, in reality, dictate the con
duet am going to pursue.
1t cannot escape observation, That, whiie
the General Assembly instructs me 10 er
p,,sqe the resolution OF the Senate, which
/ voted for in conformity with the insiruc-
tons of the Assembly of 1888 a, the pre-
sent Assembly has not erpniged me feso.
lations of the former Assembly. end tho
GrI am rightly iuiormed) a proposition has
been made TO resciad The lormer resolutions
even that propos ton has not yet heen ACT
ed on. SO that lam TO understand, that
the General Assembly 10 'nstructlns me TO
do. in respect 10 a former resolution oil the
Senate. that which ii viii not do itself, ~
respect 10 resolutions passed at a iDrmer
session Of IFS own body must bcspcak
pardon for remafking, further. that though
proceedings have been bad 10 Congress,
and some lams have been passed, violating
in the opinion of the General Assembly.
The dearest rights Of the peoph take, Tor
example, the sedition iaw-and though,
too, many laws have been passed by The
Federal Legislature, which, in the opinion
of the General Assembly, transeenced ITS
constitutional powers, and encroaehed on
The rights Of the States yet II has never
heretofore, occurred to the General Assem-.
bly. in any case or at any tune, TO assert
and vindicate tie rights Of The people, or
The rights Of Tie States, against such as
SYMPTOMS of power by Congress, by eX'
FUNCTION tliteral or TYPICAL of The obnox-
ious proceedings from the journals OF the
two Houses Add now, for the first time,
when simple resolution OF the Senate IS
supposed (hy some unaccountable ms
conception OF It's import and lnten'ion) 10
encroach unon the rights Of the national
| branch of the Federal Legislature, which
probably, has not perceived. and certainly
has not complained OF, the encroachinen'
or, Ito speak plainly WHEN the senate
has presumed TO question The rights ana
powers claimed for the executive depart
ment by the President, who alone has com
planned and protested against iis proceed
ines-I see The General Assembly OF Nir
einia coming forward to vindcate heitghfs
and poacers claimed BY The President. ny
this process of expuncti1n, which " mas
never thought Of resoriing TO, for the van
dicaiion either Of The rights q the people or
the rights of the States | mention these
strange contrasts, because they have raj
sed the gloomest apprehensions. IN my
mind. of approaching danger TO our re-
publican institutions, and because those
apprehensions have had an important 10
fluence in determining my Judgment ana
my conduct, under the extraordinary m
structions. which the General Assembly
has thought proper TO give me.
The General Assembly can have no rea-
son TO doubt. and, am quite sure, does
moi doubt, that voted for the resolution
Of the Senate which il condemns as un
constitutional and miscllievous, under a
sincere conviction that it was constitution
al. wise, aud even necessary 10 assert and
yindicate the au,hority of the laws; nei.
ther can il doubt that this IS sill my opin
ion: yet. without deigning TO suggest any
reasons to enlighten and convince my IN
derstanding, the General Assembly gives
me peremtory instruction 10 propose and
vote for the expunclion Of this resolution
from the Journal Of the Senate and Il IN
sists, that must obey is will and com
mand-or resign my office. II inslrucis
me 10 vote 10 expunge from the journal
that which it knows, as well as DO, -
there trnaly reenrded IL Instructs me 10