Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1836-02-05

sive resolution strictly 10 accordance
with facts that the Senate usurped
no power which belongs to the other
branch Of Congress, aud that its adop
tion did not avade the rights Of the
Executive, dangerously or otherwise.
They further believe, that the Pres.
ident of the United, States, in laying
before the Senate q protest against the
passage o. the OffeQsiye resolution,
and requesting that it should be en-.
tered on their Journals, improperly
interGered with the rights and. bust.
ness Of that body; and especially so
as his protest was presented as an off
cial document. They cannot believe
that in the refusal Of the Senate to en-
ter the Executive protest on their
Journals, they did any Thing "found-
ed 10 usurpatiOu aud injustice" or
"subversive of the first principle Of a.
free government" but on the contra
ry, adopted just measure to main.
tain the rights and dignity Of repub
lican legislature.
The averment in the Preamble that
the People of'ohio "rfquire and de.
mand of lhei: Representatives in the
Legislsture assembled, a solemn an !
decided expression of disapprobation
Of the said act Of the Senate" the un.
dersigned are Of opinion canPot. be
sustained by even circumstanttsl evi
dence. For redress of grievances,
the enactment Of laws, or indeed for
any legislative action required by the
People, the ordinary manner of ad.
dressing the General Assembly is by
petition or memorial. Occasionally, |
the Representatives is instructed by |
his constituents in their primary as
semblies. Again, when, throughout
The State, a question Of vital impor.
lance to the community is ia, agitation
during canvass, the election for mem
bers OF the Legislature may turn upon
that question, and the msiorily may
consider themselves as INSTRUCTED in
advance. # the People OF Ohio have
moved the FIRST step in any manner 10
demand and require" Of the Legis.
ature and expression Of the charsc.
ter embodied 10 the Resolutions, the
Undersigned have yet to be informed
ofiI by some evidence more satisfacto
" Than naked assertion. Not a single
memorial has been presented TO The
House, nor have the resolutions Of q
Jingle popular meeting been exhibit
ID, to sustain the declaration; and the
Undersigned will say, that, in their
relief, :tacts," will not warrant The
that the elections for mem
,ers Of the Legislature in October last
we're governed 10 any degree Of, or
lc'iOn upon, the foregoing Resolution
'r any ola like kind.
The second Resolution is the only
,ue in the series which the undersign
I'd deem important 10 protest against.
Il is still more Objectionable than The
Preamble because, in the plainest
language, it asserts the right Of this
Legislature TO instruct snd require
The Senator's in Congress from o.
tiO to do an act which, il is conident-
y believed, would be unconsti,ulion.
Il. Instruction Of our Senators by
he Legislature, if intended as adOice
IS conceived to come perfectly within
he pale Of the powers delegated by
The Constitution Of lhe State; but the
principle assumed Of a right Ia The
State Legislature 10 control BY author
tative mandate the action OF our Sen.
ltors, acting as they do under distinc,
grant Of power delegated by the PeO.
pie, aud The assertion of correspon.
lent duty on their part, either TO
obey the mandate or resign their seats
IS as novel in The legislative action Of
hi, State, as tits contradictory TO The
principles Of The Federal. Constitution
md express provision Of the COnsti.
luton Of Ohio.
The 9sth section of The 9Th article
II The Constitution, is in these words:
"To guard against the lranSgtesSioO
IF the HIGH POWERS which, we
have delegated, we declare that all
powers not hereby delegated remain
with the People,"
The undersigned believe that the
light Of l1strGSlioi has been reserved
oy the People, and that every at
.empt 10 deprive them ofthat right is
/ violation Of the Constitution.
Ifthe right to instruct and require
Senator'S in Congress to do an act
which, in its immediate or remote