Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-10


gnation is OF the Of the right of instruction.
We pass the late vote the House Of Delegates
Of lilto IA, many Of his own Wings finally going lor it,
We pass over the concurng testimonies Of both Rivcs
and Tyler though their creeds opposite in many
other respects We pass the strong sentiments Of
tue People Of Virginia and Of her eminent States
men, in its behalf. We pass the strong tribute
which it receives from the report Of 1872 scIf-those
memorable wordsesprciay, where he says, alt be
pretended, that Representative is to be the organ OF
his will alone tor then he would be far dcspot
He mast DC the orga" Of others-of whom? Net Of the
nalOn Tor the nation deputies him not but OF his cOns-
turnts who alone know, alone have trusted, and can
alone displace him. And fit be his province and his
duty in general to express the will of his constituents
10 the best of his knowledge, without being particularly
informed thereof it impossible TO contend that he
is not bound TO do when he is specially informed
and instructed. The right of the constituent to instruct
the representative therefore, is an essential principle Of
the representative system But, how can it be
senal principle, if the Senator is to be permitted TO
suit his feelings 10 become the organ Of his
will, 10 be so fur dsspotie to defy their wishes,
beard his constituents, and neither obey them
der his trust to those who will obey them? The right
indeed would be mockery, if this alternative was not
presented to his ADOPTION and practised upon in all good
faith.
But we pass the reason of the case we'll as the
concurrng testimony Of all the good Republicans Of the
present duyo show at least that the Contemporaries
exposition Of the Report Unfortunately the Speech
of MIR. Leigh not taken down the time. At least
have not yet been able 10 find any record oft. But
noticing that the Enquirer maintained the alternative
before the Report wrtten-and that in reply the
objection Of the Senator'S being bound by OATH we stat
ed in ISL that g he had his do wish
him to do that which his conscience dsapproYes--ke
may resi- gn." 81,
We have, however, an opinion in point which is en-
titled TO high respect II is from Of the first Jursts
in Virgina-and more, he is Wing. The following is
extract FROM his Communication in the Enquirer Of
ISL touching The conduct Of then Senators-Gies
and Brent Hearshis amiable and excellent Judge
who is not OF nature to be transported into the violence
or Temporary excitement or of party spirit:
81 have understood with establishment and regret
that our Senator Mr.. Richard Brent has by his vote
the question of renewing the Charter Of the Bank of the
United States, undertaken 10 dsobey and set ut naught
the solemn instructions Of the Legislature of his State
his immediate constituents. On what grounds Mr. Brent
has thought proper thus to act cannot understand and
apprehend thalhe will find it difficult matter to justify
his conduct before the General Assembly. lhad always
understood that although the delegate is at liberty 10
according to his best judgment, when unnstructed
yet that the people have TO express their opinions
whenever they shall choose, any particular occasion
10 do So and in such the delegate actually bound
10 express, not his own, but his constituents opinions
had supposed that this position had become MAXIM
and that if it the Of instructions from
Il county or District that it would hold good fortior
in the case OF instructions from Legislative body to
its immediate Representative. The order which pre-
walls in our State Legislatures, the discussion which
prevails whenever constitutional and important cues
ton is brought before them, ought 10 give the Legsla
tive instructions more weight than popular instructions
can readily suppose, that where the constituent body
directs its Representative to give vote which he
scicntiousy believes will violate the Constitution of his
country scrupulOus and upright man a7ould rather
sign lis office, than saeraegi0usly liet around that
sacred charter.
"what will the Legislature say 10 conduct of this
kind, when they next meet' VIII they not tel! Mr.
Brent that he us lost their confidence: that he IS not
their REPRESENTATIVE: that he has represented their
feelings, their wishes aud their opinions? The Legis
lature have taken ground from which they cannot re-
cede with honor. They must tell Mr. Brent, that al
though they him for four yanrs, yet he
is not the proper organ Of their sentmenO !! they DO
not act IN this cay they mast reiaguish their right gts
Instructions for aco4 be ocish and futile in The
ertrcme to say at is proper to instruct on gel at the
Representative nmy dYart at peusre from these fnstrae
tions am no enemy Of Mr.. Brent On the contrary,