Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-29

Sand whereas this Assembly deem it their solemn duty
10 ';scri n Lrha'f "f themselves and the people of
Virginia. Lie lat vi the constituent TO instruct and the
ay OF the Representatives TO obey 7estyn IF had
eyer before been asserted by the General Assembly of
virginia tina; the Legislature had right to instruct and
oosotence or resignation from their represen-
atFts, WI .. said ne was not aware Of the fact. We
nave been constantly referred the resolutions of 1912
as TIE source OF The arguments used By the friends of the
right, as e!c asserted But saw that tn. resolutions
Of l52 do n't recognize the power OF the Legislature
Il instruct 7vs rnaton of thu Senators And rs this is
chapter IN The history Of legislation it is pru.
per That attention should be directed 10 it, The second
resolution Of Ioi2 declares the right the Injunction
II ol.drnc. II is as follows:
L:SOitrL That il is the induhabe rig Int of the State
Legislatures IL Instruct their senators IN Congress
all points, either constitutional or polite, whenever the
magnitude o. The OCCASION shall require such interference;
and that by consequence, 1t is Tie Dounaen duty OF Tie
Senators obey such instructions; provided the nsruc.
lns t, he given and obryed require not the Senator 10
coni: violation Of the Constitution, or All act OF mora!
tuTpitudr."
," lar il0m asserting the alternative LEGATION on the
orhat"rs IL o1cy The undoubed inference from
l's resolution 49, tat III tic two supposed OF re.
quis"m ~ violate the Constitution to commit an act
u i'Fa! thFtudc, the Senator is bound 10 dlsobey.
Aud further proof Of the truth of this Interpretation
to bc iound IN the third resolution, which will read:
Rcs0r'H: That after this solemn expression of the
opinion OF the General Assembly, Oh the Right of In
structon, and The duty Of obedience thereto, no man
ought hrncr"rtl to accept the appointment Of Senator
lm'sri bound To obey such Instructions
Inc declaration here made that the Senator is bound
10 obey instructions with the qualification stated in The
preceding resolution. If lie accepts the appointment,
hs does with the qualified obligation 10 obey the in
strucuns Of the Legislature, if they do require him
10 Commit violation Of the Constitution act of
moral urPIludebut not bound 10 obey them if they do
require these acts. Why then is this version CIV
to the right Of instruction? Why we told that
must what has never been asserted be-
usc-that the Senator is bound TO obey or resIgn-
Ilcsr BE- but Tor tit Is TO force The
sig aaUn Of the present Senators 1t has never been
rceu. nztd in Virginia, that the Legislature has the
right to recall the Senators. alverted few days
SINCE 10 tbs proceedings Of this Legislature on that
SUBJECT several years ago, and Showed that 1t was then
formally decided that they had not the tight to recall the
Srnatofs. Bat under this preamble and resolutions. we
iocs ie! resign and although it is not compc-
tc effect tins oh cc directly, may Indirect
iy recall tr!n By forcing them TO vacate their seats
Age, sir, establish the right Of Instruction on the
principles sci forth IN this Preamble and Resolutions and
you may, spite OF the Constitution, appoint your
Senators annually Such the inevitable consequences
o this extraordinary preamble and resolutions AS the
preamble declares the right SET forth in it, is re-
asserted lsh when 1t asserted before Iy the
Ley isaturc u! Virginia. Never, sir. No former deca.
ration: the Senators bound to obey resi- gn,
be found records And as the assertion IS his.
lucay untrue, ~ that the advocates OF the
incasurc onght I" CORRECT It,
On NOTION vi Mr.. SrASARD, the a|cs and noes
ordered the adoption OF lie Preamble, and tho ques
tioa put alJ -e.dcd in the affirmative, follows
y Discrepancy was discovered in the ayes and noes
this question: st before going to poss and at too late
period to Obtain correction. Rather than give them
ncOr:t ctIy they deferred until our next