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

WILSON of D. Dses@p Tusa5uli osko Au,a Daniel sa@us
AygS, Grs',ag,on cOeoss sosn NiaSa coo iaoa
ior Of 81 aud NJ nosers, Wiley Mogan Chapman
N 1y,s. ,a;@. ispsi" sSas:
Bare ka1s ea'eGGli, Moneue asase, Gillespie, Gibson"
Mr. BALL said he would trouble the House with wv
words IN explanation II the he tlt constrained to-
take IN relation To this resolution He was an nd vocatc
OF the right OF instructions but the rejection of the
ancndment osfred by the gentleman from Ptsylvania
would prevent hn iIom voting for the r-s,u in; for
itproved to him that there lnrly in the HOUSE
who thought the Legislature had the right 10 instruct
the senators To violate the Constuon and commit
act of moral turpitude.
Mr. DANIEL rose 10 contradict, far as his opinion
was concerned, the idea by the gentleman
from Fairfax. He did suppose there was member
IN the House who could believe that the Administration
party intended 10 that the Legislature had rio
10 instruct the Senators 10 violate the Constitution
Mr. BALL did not intend to make charge against
any gentleman in the House; but 10 his mind the
o the resplution under considerations as acted upou
must be that which he had stated.
Mr.; GiLmER asked if the gentleman from Fairfax x
would allow the opinions entertained by him Of the
"h OF me House on tins subject, TO influence the
he should give on the declaration OF naked principle
MIR. WIrcnER said, that having, by offering the
amendment VIII CHI had lust been she yvn lis on
Mon as TO the right of the Legislature lie should now
vote for the resolution, with which he agreed abouy
did not cover the whole ground. But he put ques
ton 10 those gentlemen who had voted down the amend
nent declaring that the Legislature had riyht TO
instruct Senator TO violate the Constitution and com
had not
oy mat vote, virtually declared the of that OPT
Mon?
Mr.. BORIS said he cared what were the motives
oil The gentlemen of the majority voting down the
amendment lie must regard that AN interpre
taon OF the meaning be given to tins resolution: and
ne could not but consider 1t positive declaratiun
That State Legislature has right TO instruct Sena
tors to commit violation OF the Constitution or an act
OF moral turpude. BY rejecting the negative PROPOSE
uon, they had established the alternatives and il seemed
To hun TO have all the force OF deliberate
lie valued the right of instruction much as any man
ana ne was anxious to record his vote in its favour but
ne couiu not vote Tor the resolution with the OF the
majority staring him in the face which gave To il the
Interpretation TO which he had referred
Mr. SrASARD said that the resolution was introduced
TO The House affirming generally, aud the most unaua.
hed form that it could be affirmed the right of the lie.
gslaiure to give instructions to the Senators. There
are no qualifications To this naked power on the face of
the resolution 1t applies all things and asserts the
right under all circumstances. The unqualified form of
The declaration has been pointed out and the friends of
e resolution nave been asked TO allow its qualification
80 lar at least To declare what admitted by
10 alow It's amendment simply 10 say, that the
right is not claimed instruct the Senators to violate
The Constitution commit OF moral turptudc
but The endmen is rejected and what the eytable
concluson' ask if it is not well established tina,
when general right is asserted and qualification of
mat right is proposed and negatved-it is virtual
declaration tina, the right is unqualified? And this i'm
preston being inevitably made by this vole-ae not all
ose who shall vote Tor the resolution bound To take il
without the qualification? Will they not rive their sane
ton, even against their sentiments perhaps To the
unqualified and unlimited right declared bv the r.solu
uon! WIZ tney not pronounce to the world their OPT
non tat there is and ought be qualification 20 the
right asserted!-If The qualification had not been at
ienPied-i no motion to amend had been made this
question would have remained indefinite and undec dcd
but having been made and rejected the decision of tho
rouse stands recorded, that the right asserted in
me resolution Is an unqualified right MIR. s. here
referred TO similar decisions in the late Convention A
proposition tor instance, made in that body give
limited authority To- the Legislature for the incorpora
ton or religious associations The motion was rejected
und he well recollectcd that the argument used on The
occasion was, that 1T the motion agreed to- would
N nTlu IIf
80 IN the proceedings OF the Convention on The Duel
ing ACT The authority given to the Legislature to create
al oincia d'sluacahon under that act, objected
10 as establishing the negalon of the right TO dsquay
In any other cases-and the decision considered
Upon these grounds he sustained in the declaration
mat The negative Just given was an affirmation of
unqualified power in the Legislature: And he did not
lear contradiction, when he said that such must be the
Interpretation oil the resolution Legislative act.
MT DANIEL said he aware that such mint be
the Interpretation of the proceedings of the Ise on
ths SUBJECT lie therefore did wish his vote 10 90
on e journal without xplanaton lie did not intend
10 aiilrn, because he did believe that the legsla
TIRE had the right to instruct the Senators to violate the
constitution or commit an act OF moral turpilude-
Dut ne did not believe they under the neccs-
sity TO amend the resolution for lac saw no pr1Drjety
IN raising that question. If believe the resolution
Is perfect as IL IS, far il goes have we NOT n
right 10 reject any mendncn however true the urinci
PIE asserted by IT. not necessary 10 the simple assertion
oifgh The resolutions? One word as to the
elect OF The adoption of the amendment which had bcen
offered Would II not hold the representative the
idea That he had right all occasions 10 CHALLENGE The
Oh the Legislature! Had The amend
that The Legislature had right the Senators
10 do what the Legislature itself considered uncons,
tiona III would not have been Objectionable ALTHOUGH
Paipably unnecessary. In any question of the kind
IL would be- after all, opinions for il was moi
10 Oe supposed that The Legislature would wilfuy and
knowingly direct breach of the Consulon-and if
inc Legislature think an act constitutional they have the
right 10 command its performance and no one has n
Iight TO call them To account, but the people
MIR. STANARD said Could there be more rrerraga-
bic evidence of the truth Of the statement he had made
as 10 te Interpretation OF this resolution expounded
Dy the action OF the House, than that nenan from
Campbell should feel under the necessity standing up
IN MS place, and sayiDg this floor leetng breath
tal he does not intend 10 give such INTERPRETATION TO
dns resolution, by his to reject the amendment?
MS declaration 0f the gentleman Intentions may suf
tce to explain his views this House; but il does no,
60 upon The Journal and does affect the act of the
Legislature, nor the Interpretation which must be giycn
10 H. Whatever may be the avowed opinions or me
reservations OF individual members there ARE xed ruls
ior the Interpretation OF Legislative acts which cannot
DC aected ny them IS vain for gentlemen say that
ey 90 not mean TO sanction principles or opInions
winch their votes establish. When the acts vhje, they
have passed, recorded aud circulated through the
country, tey carry their face their undeniae inter
Pretauon surely the gentleman from Campbell, as a
professional man. must admit the Of the
nave stated Could II be still
lustrate that rule? Would the assertion
ny negative vote stand in all other cases You assert
sehtrai Pribcipe--an exception made lit is re-
Jecied anu The general principle sustained in its naked
FORM Is II not declaration that the execution is NOT
admissible You make general rule, and refuse te re-,
cognse All exceptions TO IT, Is il not affirmation t,at
there are no sound exceptions but that the rule in It's
broadcast acccptatIOn must be sustained Apain sir
10 Dc assumed, that what is put np0m the Journal and
winch forms the record Of this House does not cxhbit
Tue purposes oil gentlemen OH this floor; and that the
public aud posterly rely on Tie ecting uors-
vi ,ty he