Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-04-01

coiiar powers and attributes Of the Senate, he says, that
Their term Of service was made to embrace six years, IN
order ihat they should be placed above tie influence of
popular excitement. Docs the gentleman intcni 10 say.
that they are placed above their constituents. and cann.t
be instructed If he docs, do not agree with him, nei-
ther does one OF our present Senators IN Congress. That
distinguished gentleman made a report upon the right
OF instruction some years since, aud he hrs gone lar
'hcr IN sustaining that tight, than almost any other
public man in the State. / wish, sir. 10 Give him an op-
portinity TO practice upon the prccepts which he has SO
ably enforced, aud To carry out the d,ctrin, 10 which he
subscIoes, that IT IS the duty of the Representative TO
obey the instructions of his Constituents, or TO yield his
seat l do not agree in the opinion which The gentleman
rom fayette seems TO entertain, that a Senator Gun de-
vnne . ooey instructions and yet retain his seat. be-
lieve, ON the contrary, that he is bound either TO acccde TO
ens constituent will, or to retire and allow his place to DO
h'edo y some individual who will do so-and | believe
suen Is The opinion OF the great Republican party.
The gentleman from Albemarle has read some cx-
tracts from speeches made in the Federal Convention.
the application OF which to the subject now before US.
could not possibly perceive. They were good arguments
against the adoption of the Constitution, but as that has
oeen adopted Tor many years, l presume the gentleman
does not intend to make an argument against it. His
reasoning is rather more to the purpose, when he tells
US, mat our labors of cxpurgation ought TO begin at
nome; IL that were practicable, Mr.. Speaker, should
be IN favor of il. If we could do SO, | should be willing
10 pass a Joint resolution in form somewhat as fol-
lows" Whereas, the Legislature Of Virginia, dur
ing the session of 1884, did, improperly and unwise-
~, under The influence of a panic, adopt certain re-
solutions censuring the conduct Of the President of
the United States, for the removal of the national
deposites, &c. Resolved, therefore, that said resolutions
De rescinded' But, sir, there is a difficulty in the way
@NN NSSaueOu MS LtOisluluTcn u u
constitutional right TO pass them, and we have no right
toexPunge them.-The case of the Senate of the United
states is far different: that body had no constitutional
rght TO adopt a ccnsure of the President, upon n subject
In regard TO which, if the Senate's opinion had been a
correct one, he was liable TO impeachment. If | had
believed the Senate's resolution was true, I should
have thought the. conduct of the President impeachable;
ana as, IN the event of his impeachment, the Senate was
the body appointed TO try him, they had no right, by yo.
lunteering an opinion in the form of u resolution, TO de-
stroy Their power to Judge impartially of his guilt or in
nocence. l say, Mr.. Speaker, if the Senate has the
right to pass a vote of censure upon the high function
ares OF The country, they have the power ofuying them CT
PaTte, without a hearing, without defence, and in such a
manner as to PREJUDICE them in the tribunal appointed by
te constitution to try Improbable offences. Suppose,
SAID MIR. W., alter the Senate had pissed its resolution of
censure on the first officer of the Government the other
house had seen tit to impeach him for the same offence
would he not have irresistible reasons for obiectinp TO
me participation in the trial of the majority who had
voted the censure3 And if his objection had been deem
ed u sound one, he could not be tried in the manner pro-
posed by the Constitution. No individual would be sa-
tlshed TO be tried before a jury who had thus previously
pronounced upon his case; and no court could sustain
the right OF a jury thus p%rejudged, TO pass upon the guilt
or innocence OF an individual-at least no court in Vir-
GINA would do so.
MIR. w. closed his remarks by observing that he had
detained the House longer than he had intended. and
heard.