The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1836-03-25


c,.,I,msn:-I am hanored with yonr
,.,sr n the 24.h ultima. eusl0sing me .
s,.v o( the preamble and resolutions of
49, General Assembly. up0n the subject
Il sxsunginy from the journal II The Ne
.,,. II The United States resolution Of
ina, body. an requesting me 10 lay the
,,me before the Senate.
/ adhere 90 the doctrine of the right Of
;,.,rar,lon. a. laid down in the resOlu
,;on. If the General Assembly NJ FehrI.
.,y 1912. taken in the plain and ohsi"as
sense and in the iull extent in which il
!. there expressed; and ! shall continue
No, only t. respect. hat ale" to MAINTAIN
4, 10 the utmost II my ability. ! deem
n indeed. an important par, Of the great
,;sbt 81 state inlsrpositiun. = explained
enforced IN lie memorable resolutions
xbieh have illustrated the session vi the
General Assembly oi l799-lsOO: and. IN
nv opinion. this right ri instruction. will
\. fund nf lneslimahle value On all &c
csslons that nav arse. presenting ques
,ions concerning the just h"undsri"s oi
nower between the Federal and State
t;oysnmenls II. then. the General A.
s,mbly had instructed me IN give = vote.
according To is sense ii proprety. 0n any
constitutional question which ] could
consider a. al all doubtful. especially "n
, question on which the public mind had
been long and deliberately exercised. an
which mems Judgments had bern formed
under the influence ONO parry or tempo.
rary excitement. bat OF dlspassIous'e reas
son. and vet remained divided ard bal
lanced: I should. 10 sueh . case. have
followed the judgmen! of The General
Assembly, though u had been contrary
10 nv own. For this would not be 20
violate nv oath Of Office, but only IN re-
nounce all vssngiorlous preIenslons IN in
fllibilIiy. and To pay proper and con-
seienuous Difference IL the wisdom II the
General Assembly. n the General A..
sembly had Instructed me not IN vote Tor
q particular measure. on the ground tina,
hheld the measure unconstitutional. then.
a. n cnuld hardly he unconstitutional u
comply with such negative insHucu"n,
should have had no hssItalinn IN yielding
Obedience to IL. however clearly the mea.
sur 50 hsapproved nigh, sppear 10 my
mind constitutional and wise. Aud "a
70 questions Of mere policy. involving no
point of constitutional right. I can hardly
corrective a case IN which | shouid find
difficulty IN conforming nv sptc with IN
suneuons given M by the General As
semblv. Bul | IN no, hold mysrlf bound
70 ohev. and | cliunI obey. any insiruc'
lion lhstcnmmsnds me - do a. act Which
10 nv conscientious oppInion. would be
10 itself. plain slolalInn nf the cons,,,u
ton. and in It's consequences dangerous
sad mlsrhlevnus in the extreme.
While thus declare my adherence Il
the doctrine of the right Of INSTRUCTION as
serted BY the General Assembly in 1912
which. sincerely believing il IN be jus
aud true, ! then lent my humble aid u
maintain. | beg Il may be distinctly IN
des,ood that Il, upon more mature reflec
ton. | though. the principle wrong. mel
Their the pride Of opinion, nor sense Il
The advantages which public men usual
ly derive from maintaining their consIs
tency, nor fear Of the reproaches whic
inconsistency always incurs, tunless. IN
deed, !, be backed with power,) woul
withhold me from renouncing il.
The 6rst OF the resolutions YOU hav
transmitted 10 inc. ins,ructs the Senator
from Virginia, in The Congress of the I'm
ted States, d" To introduce and vote for
resolution, directing The resolution OF III
Senate Of the 2s,h Of March, 1924, dc
clarIng that the President, in the lal
executive proceedings in relation TO III
public revenue. has assumed upon hin
sell authority aud power not conferred b
The constitution aud laws. but in derog'
lion Of BOTH 10 be expunged from II
Journal Of the Senate Of the United State
bycausing black lines To be drawn arouu
The said resolution, as il stands on II
original manuscript journal, and the'
words plainly written across the face
the said resolution aud entry Expun,
ed by order Of the Senate Of the Unit,
States"
| have reconsidered the resolution
the Senate dlsapproved ofby the Gener
Assembly, in reference. al well to its il
'rlnsIc Propriety, as TO the constitution
Competency of the Senate to adopt II;
have reflected on the question wheth
the resolution Of the Senate, supposing
wrong. can constitu.ionally be expung,
from the journal; | have, in Doing $
earnestly endeayored to discard from II
memory the circumstances belonging
the history both Of the resolution CO..
acmned, and Of the resolution condemn
'oFy; indeed, was called upon to CO