Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-01-28

duty OF the Senator in all cases TO obey or resign has
Their preamble declares that the Assembly deem il their
solemn duty again to reassef, in behalf mselvcs
and the people Of Virginia, the right of the constituent
70 instruct and the duty Of the obey OF
resign; and in accordance with this preamble of theirs
the advocates OF the Expunging Resolutions have intro
tba, , ' aeSlarng o'om any qualification
a' is me duty OF The representative to obey the in
s'rucons OF his constituents resign the trust with
which they have clothed him.
Now defy the advocates of these resolutions In sbov
thai the General Assembly ever asserted tina. il was
tue duty oil The Senator to resign when he wns instruct
e. 20 commit violation Of the Constitution. So far
rom such proposition having been asserted, the Gene
rai Assembly has declared the Senator ou.h,
sist any such instructions
In the preamble agreed before on the
Ioh OF February, 1872 this subject mentioned as fol-
II has been said that State Government may in
suct It's Senators TO violate the Constitution OF the
united States--that State in actual insurrec ton
against the General Government may instruct its SEN
aors to the of rebellion; and il is asked
whether the Senator would be bound bv scb ;n.,rnc
uon TO violate the Constitution he had sworn 10 pre
serve and to overthrow the Government he had sworn
Aitcr few words relating merely to the particular in
siucton which was under conside ration the preamble
thus proceeds
Without determining the point which has been taken
LOT granted that State in open rebellion arainst the
General Government would still be entitled 10 its re-
presentation in the Senate of the United States which
to say the least extremely doubtll-it is admitted
'c.tont difficulty, that State instruct its Senator 10
gee rote plainly unconstitutional raise the stan.
" instruction: Every case, such us that supposed,
" must stand upon its own peculiar circumstances IL
suPposes all bounds of rig ndpd all legitimate
RUE Frustrated; and the propricy of opposition must
DC determined by the nature of the injustice the
tent oil the mischief, and the prudence of resistance
but Is no argument against the exercise of lawful
power that IT may be made the pree for the ussunp
uon of an unlawful power. The right of instruction
nghtiuy exercised, with evil Intention TO no per.
" ncious object cannot be affected by the admission
hat u either State Governme mt the General Go.
" vernment become corrupt and ambitious and usurp
yrannical power, may Of right and ought to be re.
" sisted" o. - - -
Seeing then that ira State instruct Senator TO rive
vote plainly unconstitutional it may of right be resisted
the enquiry which then results is this What will be the
great effect produced by the expungnr resolutions if in
the opinion OF the Senators, those resolutions instruct
thei 10 give an unconstitutional vote, and may on that
ground be resisted! The members of the General As.
semoiy WILL IN the end, perceive that voting for these
expunging resolutions, they vote for n measure which
many OF them must greatly doubt whether they can vote
for with proper selirespect and while voting Tor thing
dslasteu TO themselves honorable men, they may vel
fa TO effect the object which they so ardeny desire To
wit: The resignation Of the Senators.
whether the Senators might not properly refuse TO
OBEY the proposed Instructions the ground that they
are required to commit act of moral turpitude is
question which have studiously avoided II woud no
difficult TO discuss il without using language which
might be deemed offensive And | must acknowledge
that indiherenty | think of large proportion of
those who support Gen. jackson, in his self.wiled
course there ale nevertheless in the party
OF respect, and whom l have no wish to wound for
moment.
In concluson ii is proper 10 say, that these remarks
are made without any information from Mr. Leiph and
MIR Tyler, either of them either directly or Indirectly
as to the course which they either of them will pur
sue PENDIErON