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

| lie thought entirely unnecessary.
Mr. WATKINS thought it would DC well for gentlemen
to take care uf their conscences, and leave those
of others alone. The gentleman from Richmond as
that this House has deliberately declared The rlgh
o the Legislature IL instruct the Senators |" c;,i'it
violation OF tir Constitution say (sal! MI WI ina
II is moi trnr and that he puts unaIr Interpretation
upon r rejection uf The amendment. Nnmbr!rsS III
stances cnul b. gwen where negative votes are gwen
which du moi imply diSapprnval I'll tie thing nrga'ru
will suppose All nslance-tIe question IS PIT Iii lie
SENATE Of the u. States, on resolution decIah9 me
depnslt"s Of public inunry safe in the Bank oi The U
States; Il Senator votes no. EccaIsr the DcpnstH
are unsafe, but because he dues not know III" contrary
80, 1t the g!r:lIon came up the next day OH declaa:
ton that the DeprSiirs unsafe lie might be forced
to vnlc upon thai also, for The very purpose. The
Interpretation put upon the votes n those VIII" opposed the
amendment forced one, and will not stand the test
OF examination. We do not intend 10 say that the Lee
gIsalure has right 10 instruct the Senator Ia violate The
Constitution commit act d! moral turpltude. We
do Hot believe the Legislature would ever give such IN.
structons, and therefore think the declaration unneccs'
slry.
Mr. SnERnARp rose to say that he protested against
The construction sou Int to be placed by the nppone nts
OF The resolutions Of The committee the vote Just gwen
The gentlemen from AIbenarle and PilsyIvana, and
Others sreIrd d'sirous Of usrcp presenting the ntrn"n
OF him and of those who acted with him, III rnng against
the amendment which had few minutes before been Of
irrcd for The of the minority, and rccdby the nia"'
ry Of the House Mr. s. spoke for nsIfand he bcrv
ed for the ma urliy that question, when lie SAID thai
they neither to affirm that the Legislature Pnssrssrd
the right instruct the Senators from This Stale in Con-
g:rss violate the Constitution, that the Senators
ought commit such act He believed and regret
ted that they had already violated the Constitution, in
passing The conIcnnaory resolution against The Picsl-
dent, ind The principal object OF The majority now was,
to repair that breach, and To teach their Senators that
Virginia cnrlL not look with cunposurr any act Of
usurpaIn Tie part Of her servants. lie had voted
against the amendment, because the resolution, It
came from the Committee, was III the precise form III
which he desired il--le neither wished 10 add to,
diminish its iorcc-tO afford opportunity To those 10
whom il directed to escape the obligation il presents
by any ingenious subtcrumes. AS il stood, there could
be misrepresentation Of It's meaning; but il cncum5er
cd by amendments, suggested by t"Se who desired and
whose object was, defeat the InlcnnIIs Ui I'll LrTIj
la!urc, the public will mi ht he defeated Dy those
whose interest it 10 do So, and who were evil
IDENTITY msreprcscnng their Statr, and who would seek
to rive it construction different from hal intend
ed by the Genera! Assembly, lie repeated thai e voted
against the amendment, because hr believed it 10 b.
both intended and calculated 10 cn5arrass the orr final
rrsoulinn and 10 afford pTctcXt which would Gc eagerly
sought for To cyade by indccon the direct wishes u
of the Legislature and vi the people lie wished to si"ak
TO the Senators in terms that could not De misunderstood
and let them and their friends take the responsibility Of
direct disobedicncc, il they chose 10 incur it.
Mr. lluLLEMAN SAID the amendment winch had been
rejected, was, in tac, declaration Of the principle
which had been successfully opposed by the gentle
man from Albcma,Ie. 1t declares that have right
u instruct The Senators ~ violate the Constitution II
oonmit act of moral turplludr. But the question is,
whose opinion is to be taken to the character of the
duty required Ivy the Instructions Are the Senators
opin onS to be the law these questions: Sich is
doubtless the view which the advocates OF the anrni-
mcnt take OF In" matter Tor even they would hardly
suppose the Legislature reckless 10 give nslruc
which their opinion would make such Nagitnus
demand the Senators. The Interpretation "t the
amendment is, that IL the Senator thinks himself IN
siruced violate the CONSTITUTIONS however the State
may think otherwise, he has right t. disregard the in
slructionS admit, said Mr.. H. That we lave right
t. instruct hn to do what we think unconstitutional
but thing may be unconstitutional III tho abstract
which is moi So III particular case; aid the Legislature
must he the Judge of It's acti"ns. But II %r I'D.
nat that The Senator is tc proper judge and that his
Judgment is 10 be sustained there would be nothin. 10
bind him 10 obedience resignation II they w:le 20
amend the resolution by stating that the Legislature had
right to instruct Senator 10 do what they think an
act Of moral tmrpitudc-a difference Of "nlOn mIgn
be the result.-Wi.at the Legislature thought conslu
tona ACT the Senator might think OTHERWISE SO that Tic
objection would round again. MIR. liuiie-
thought they were bound to vote against an amend
ment which would lead to much difficulty, and
senully con,und the ri hts OF the lnstructng and in
structcd PARTIES II is true it may appear the jour
nal ,thul have voted against pruclpc to which
have no objection in the abstract But 1t is well known,
that III voting upon amendments the vote does not ne
ccssar!Iy express lie opinion ni the member the abb
slrac question involved. One Of the best reasons for
going into committee OF the Whole, in which pro-
cecdIngs recorded Isl that i'll deciding. upon arrna-
tive conflicting motions 10 amend, they were often
obliged 10 vote apparently against their opinions. Mr. IL.
might refer 10 an instance Of the kind in which the grr
tlenan from Richmond voted against his opinion. On
the motion amend The first resolution, he voted the
untiun To strike out the word cIpnnyc for the purpose vi
inserting the word res. Hd.
Mr.. STA&AEn said he voted for striking out, because
lie against the whole resolution; and made
marks at the time TO shcw that lie did not vote for The
given by others.
Mr.. llo'LEsAs resumed. There nothing
than members voting against what they thought
to DC right because it rXprGent or appropriate
the aud circumstances because they wish 10
reject certain motions IN order - get something better.
Thus their votes oi;cn appeared inconsistent on aIcnd-
,ents. and required explanation but they could not
help it, THIS stale OF things had :"rn very iurcIbly
illustrated by the references lnad during The debate, h
tie gentleman from Albrmarc, IL the journal t.! .s
House Two years ago. Charges made against gen
t.cInc OF Inconsistency and Il Change III sentiment; on
the ground Of tie votes ven BY trm on alternative
motions and motions 10 amend. BAT these charges had
been shrwn br rr@;l iilIs tralon OF the
laacy oi forming positive CONC usions upon similar votes
Mr. GlLnLR 10 explain. lie argued that alter tic
instructions gycn IL was tor llc pr The Represent
IL set his opinion against them. But mark the
difference between my course and that o the gentleman
vh, voted against the amendment. While tin! that
after tie instructions are gvrn the Senator has no rig
to construc the Constitution III rciatna IL them; &bccause
that right were cOnceGcd III all Ilrsl!uj lie might
cunstrue II aHaat III: lnsiruct!"S aid always hni
constitutional ute defeat the I'll Of the cuiStu
cnt body yet agree that the Legislature his right
So 10 s;lti:t linn 10 require Ian 10 violate the Con-
s.iltion or commit act Ui moral turpltude. do not
say he has ia lIal case, ht to resist but mcrv
ta tie abstract pfnposltiun that ;hc Legislature has
rlsi.l 10 1--WE s.ci instructions. And w! YOU contend
liial you nave that rigi& rs 10 Inc reference Of The
gentleman IRON Isle Of Wight /, The journal o: tic pro-
cr,ings 81! li. Legislature two Years ago. Mr. GI!.iar
tl;.uIIi. they mad closed the account yesterday, and
struch an balances. between the debtor and per
ira sides vi the books.
Sir MAu!soa los.' 10 the question Of order.
Nix. GILMER. thank the gentleman from Prince Id
ward for his anxiety to keep within the bounds OF
urr--Uul VIII suggest /" HIM that by sitting sill lie
wall be uricr than by lntcrsuptns mt when a:A
net ut order.
about alludc 10 The inference TO be dawn from
the vpe Oh the amendment. III" journal containing