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

not possibly Do Oeemeu Unconstitutional
not TO charter IL. As TO the rest without
determining the point which has been ia
ken for granted, that State in open re-
bellion against the General Government,
would still be entitled to its representation
10 the Senate, which, TO say the least is
extremely doubtful--it is admitted with
out difficulty, that If State instruct its
Senator 10 gire a cote plainly unc0nStltu-
tio1lat, or 10 raise the standard OF rebellion,
The Senator is not bound TO OBEY such ustruc
taon Ecery case. such as that supposed,
must stand upon its Ogn peculiar circum
stances; il snpposes all bounds of right
transcribed, all legitimate rule Frustrated
and the propriety Of opposition, must he de
termined by the nature of the injustice, the
erient Of The mischief, and tie prudence Of
resistance. But it is no argument against
the exercise Of a lawful power. that il may
be made the pretext for the assumption Of
an unlawful power The right of instruc-
ton, rightfully exercised. with no evil in
tentIon, TO pernicious object, cannot be
affected by the admission, that if State
Government, or the General Government,
become corrupt and ambitious. and usurp
syranical power, il may of right and ought
to be resisted The admission is cheer
fullylmade. The General assembly Of Tir
ginia is incapable Of affirming The exploded
doctrine Of non resistance" And upon this
reasoning in the preamble, the two resolu.
lions of a general nature, with which the
paper concludes, assert" That it is The
ndubitable right of the State Legislatures
to instruct their Senators in Congress, on
all points, either constitutional or polite,
whenever the magnitude of the occasion
shall require such interference. and that,
by consequence, IT is the bounden duty of
Senators TO obey such instructions pro
cided. The Instructions TO be given and oIeu
ed. require mol the Senator TO commit a rio
tal,on Of the constitution, or an act of moral
tupttude. That, after this solemn expires
sion of the opinion of the General Assem-
bly,, on The right OF instruction, and the
duty Of obedience thereto, DO man ought
henceiorth to accept the appointment of
Senator from Virginia, who doth not hold
himself bound TO obey such instructions ;"
meaning, obviously, such legitimate in
structions as those mentioned in the pre-.
vious resolution.
The resolutions, then, which are the
conclusions resulting from the reasoning
of the preamble, expressly declare, that
the distinctions which the State Legisla.
lures have right to give their Senators
IN Congress, and which il is tue bounden
duty Of the Senators 10 obey, are such on.
ly as "requlre not the Senator to commit
violation OF the constitution, or an act
OF moral turpitude." And ii is expressly
stated, in the preamble, &" that if a state
lnstrGcts ITS Senator TO give a vote plainly
unconstitutional" g the Senator is NOT
bound TO obey such instruction"-that ey.
cry case OF the Kind "must stand on IFS
own peculiar clrcumstances"-aad that
the proPrety Of opposition must be de
termihed by The nature of the Injustice.
the extent Of the mischief. and the ptn
dence Of resistance" The alternative here
proposed TO the Senator, is not obedience
or resignation, buI obedience or resistance:
to be determined by the considerations by
Which all resistance 10 the authority Of
Government mast ever be determined.
|! an instruction were given me 10 vote
ior measure of no very material conse
quence-a measure which, if adopted.
would not lead TO any serious permanent
evil-aDd yet could not for reasons of
any kinc, consclentiousIy vote for the pro
posed MEASURE in such a case, | might
very properly, and should without hesita.
Ton resort 10 resignation. in order to
evade the painful alternative of obedience
or resistance. Or. if an instruction were
gwen me, which could not obey without
violence to my conscience, and the " be-
cullar circumstances" of the case should
nevertheless be such, that my resignation
would be attended with far less of evil
man the accomplishment OF the object or
the instruction, and would not be itself
source OF equal or greater evil; in such
case as this, too, might, consistently with
my sense OF duty, and very gladly should,
disembarrass myself of the alternative of
ooedience or resis lance, by a resignation.
In truth. resignation is a pririlege, not
dutY-a privilege allowed the Senator hv
winch he may wholly avoid the alternative
Vi ooeuience or resistance, as expOunded
III Tue preamble and resolutions OF Fehru.
airy, 1912.
Here. the General Assembly has in.
s'ruc'eu me 10 do that hich, in my iudg
ment and conscience, would be a crime.
and OF course, IN me an act of moral tur
pi'uue: cannot obey without crime and
IN my op'nion, formed upon long and anx
lous deloera'lon, resignation would in
iiict more vital blow on the constitution.
because It would be followed by far more
serious and mischievous consequences to
both the Federal and the State Govern
ment, than literal obedience to the in
Struction. The alternative is, then, for
ced upon me Of obedience or resistance
an alternative. which would be painful o.
nough IN itself, and is rendered doubly so
to me, by considerations which shall men.
ton IN the sequel.
tie that would judge my conduct fairly.
should suppose himself in my situation. 4
bring home 10 his own bosom, the onin;ons
ientertaln, and the motives by which Tam
acIuated. Ii the views have uofoIded
40 10 me nature oil the instruction that has
; oeeh gwen 10 me, the real object at which