Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-08

duty-a privilege allowed the Senator by which he may
wholly avoid the alternative of obedience or resistance
as IN the preamble and resolutions U Februa
ry, Isle.
Ueie, the General Assembly has instructed mr to do
that WHICH in my Judgment and conscience would be
crime, and ct course, n ne, an act OF moral urpitudr
cannot obey without crlI and, in nav opinion f,ru-
I'd upon long and anXi us deliberaton, resignation
would intct more vital blow on the constitution be.
cause 1t would be follow ed by far more serious and mis-
chtevous Consequences both the federal and the State
government than literal obedience to the instruction.
The alternative Tn, n, forced upon me- al obedience
or resistance: an alternative winch would be painful
enough IN ITSELF and rendered douby SO to me- by
sioeratlons which sail mention in the sequel
tic that would Judge my conduct fairly, should sup
pose himself III my situation brinu home to his
bosom the opinions entertain and the motives by which
am actualed Ii the views have unuldrd, is TO the
nature Ut the ns trucon that has been given me- the
real object at Which 1t aimed the turptude and cri.
mlnallty, wh.cn, entertaining the sentiments do,
should incur ny yielding obedience to it, and the inpoS
sbillty OF resgn!ng without living my aid 10 danger
Gus litnov Ton OH the Constutlon-be no: wholly
groundles, them apprehend, there is man who
think, tr he nature of the injustice, and the extent
ot tile IN s:hie does not justify and call Tor resistance
have UT derstood it has been supposed that all the
raj resle nsblty rests the constituent body and the
Senator relieved from any portion OF it, that is tic
proVnc Of the constituent to Judge and command, and
It's to televe and obey. Can be really thought that
the otcia oath OF Senator to support the Constitution
OF the u. S. subject to exception which exempts him
trom The duty OF supporting it against inringments ut.
tempted by the State Legislature that has elected him.?
lF al the Senator may and ought TO take the oath with
entail rcsrrvation thai he will support the Constitution,
unless he shull be commanded by the constituent body to
Violate it: Surely, the General Assembly is going
TO give its hgh sanction to doctrines of this kind which
would sap the foundations OF all public virtue. Tie truth
~, that, all Contests between those who exercise
thorty, and those whom it is exercised TO the
rigtiul exercise OF such auhority-as to the duty Of
obedience, the right OF resistance both parties must
thAY ,t
only difference between them, is that the party resist
ng power resiSts at his peril which alone suces in
general determine him against resistance except in
extreme 10 say that those who hold power have
tile sole right to Judgment, and that those
whom power is exercised, have right to Judge for
themselves, whether they oppressed not
affirm the very doctrine Of passive obedience and
resistance, maintained by the University OF Oxford
the reign OF james ILL., The Commands of the consltu.
Legislature cannot justify, Sera-
tor III papable violation o1 The Constitution,
act Of moral lurPude The servant nay, even the slave,
is not bound to obey and ore not excusabe Tor obey
ing the unlawful commands OF his master.
Them TO "the prudence OF resistance in this
AL questions oil resistance 10 authority present
pound consideration OF right and eXpedency However
Just and right resistance may be in itself yet It Dug ut ne
to be rcsorted to, unless there bc reasonable hope
OF correcting tile lIsccl, and securing some good end
ought any man, however strong his vi wron,
and injustice, 10 involve others with himself in hope
less, useless dangerous effort Vt resistance This last
objection to the course have resolved to pursue, have
taken the most ecctual care to obvIate. have asked
the advice of llan, much desired the advice Of
MI friends, and willing should have sought it, If
could have done So without danger ocommittng them
Of honor, to share my fate: have, indeed,
muncaed my purpose very few, and them in the
condolences: have held correspondence with
any member Of the General Assembly this subject
Since the commencement, OF its present session, and
| IN fact, have written only one short note diff
trreut topic, vi them, lest correspondence
! rp1 ut hpr n mi
cncc this Tins line OF conduct had lis incon-
venlences, 10 which was not insenslble but could
not depart from it, without abandoning the system Of
action had prescribed tvr myself, and involving others
in my difficulties. No man, Tor auglt that have done,
stands committed to share my fate: for augt that have
done to draw others 10 my support stand alone,
tanned only by the conscious virtue of my motives and
purposes and confidence my trmneSS to meet
aud abide the result trust am actuaed by false
PRIDE and 10 vang lorlous opinion oiny Importance
Qu il am, the fault is not owing TO the want OF most
careful selt:cxaunalion and scrutiny in thinking and
declaring my belief aud humble hope that the sacrifice
making Of myself Of all prospects of political honors
and distinction in future and even of the aeconate
regards OF MANY whose esteem and confidence have
hitherto enjoyed may have some slight effect, in saving
the Constitution Ut my country from violation; saving
the Senate from su6verson, and with it saving the State
sovereigntes from prostraton and even placing
the right of instruction itself, upon the only stable
groanus which it be rested, by guarding it from
abuse and sappication that may appear to all men
mnds agent Of good worthy TO be respected and pre-
served evil principle to be eschewed and rooted
! out.
see from the vote of the two Houses of the General
Assembly the second OF the Resolutions transmitted
to me, that most Of my own friends approved the prin.
cpe therein decaredtha II is the duty OF the Senator
obey implicitly obey, the instructions Of the State Lee
gisature, g Al! these will of COURSE dIsapproVc
the resolution have taken This is oninous, probably
decisive OF the destiny that awaits In all Likelihood,
before the heats that now uilamc the public mind shall
| h,e ned at TO
der unfit tor any active public service. have the
clearest perception of all these Consequences But
hope shall be pardoned for saying that cannot, and
will not, do what think wrong III principle, and mis-
chicvous fatal in lis effects comply with tlewshes OF
my friends aud 10 retain their appreciation and support,
any than to avert or escape from the rage OF my
enemies do not intend to be nseusblc to popularity
especially to the favor Of my native State but 1t know
myself my love Of popularity has its source rather III
my attachment to the people, than IN the hope or
desire of any rewards they bestow and would not
beray what think the interest of Virginia, to gain her
favor dear as 1t Is to tor no tame, but that
which have little prospect of obtalnlng-he rcnown OF
good and useful deeds, which survives the author OF
| them.
1t is proper that should tell the General Assembly
and the public that when returned home, after the
termination Of the session of Congress of lo343 had
come the resolution TO leave the Scuae-lhat would
keep in my power TO take my seat, under my last cleo
ton to this body, in session OF Congress
should be called by the President; but that would re-
sign the Office, or (which the same thng) decline
the acceptance Of ii, at the commencement OF the then
next Of the General Assembly. This resolution,
dictated by Of the duty owed my family was so
openly announced that suppose it must have been &C.
morally KNOWN at least in the city of Richmond. 1t
until the scheme of nsructing ont OF my seat,
agtaed ufleS the result of the spring elections was
ascertaned that saw, that if should decline 10 take
my seat under my new appointment 1t would have pre-.
cisely the perncIous consequences which would
result from forced resi- gnaton, under instructions
which could not conscience obey-that changed
the resolution had previously iorned and determined
accept the appointment, and abide the consequences
shall hold my. seat only long enough to sgnalze my
resistance to what honestly believe to be unconstu-
tiona instructions. say now, that SHALL in all events
RESIGN it at the commencement Of the next session ct