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


Legislature not 10 violate their oaihsa warning which
he thought entirely unnecessary.
MIR. WATKINS thought il would be well for ge ntemen
10 take care OF their consciences and leave those
OF others alone. The gentleman from Richmond as
sumes that this House has deliberately declared the right
o the Legislature To- instruct the Senators commit
violation of ts' Constitution. say (said Mr.. w y that
II - not true, and that he puts an uOfar
npnn the REJECTION of the amendment Nunb,rlrss I'M
stances could be- gvca where negative are given
which do not imply dsappr"va Of the thing negllived
viii suppose AN insanee-the question is put in the
Senate o the u. Slies, resolution declaring the
deposiics of public money safe in the Bank of the U
States; Senator votes no, because the DepoSes
are unsafe, but because he does the contrary
90 the question came up the next day dcelara-
ton that the Depcses unsafe, he mi vht be forced
to vote upon that Also for the very same purpose The
inter rotation put pom the votes of those who the
amendment is forced one, aud will stand the test
oil examination. We do not intend To say that the lie.
gsatnre has right To instruct the Senator violate the
CONSTITUTION or commit an act Of moral turptude We
do not believe the Legislature would ever give such n
structions, aud therefore think the declaration
s1ry.
Mr. SnERnARD rose TO say that he protested against
the construction sought to be placed by the opponents
OF the resolutions of the committee given
The gentlemen iIom Alternate and Pittsylvania and
Others seemed drsirous of presenting the intention
oil hniand OF those who acted with him in voting against
the amendment which had few minutes before been of
tered Tor the oil the minority and rejected by the mao-
y OF the House Mr. s. spoke for hmsea he brlicv-
ed for The majority that question, when he said
they neither meant to affirm that the Legislature possessed
the right TO instruct the Senators from this State Con
gress to violate the Constitution, that the Senators
ought 10 commit such act lie believed and regret
ted that they had already violated the COnstitution in
passing the condemnaory resolution against the PI.si
dent and the principal object of the majority now was
TO repair that breach and teach their Senators that
Virginia cond not look with composure on any act of
usurpaton on the part OF her He had voted
against The amendment, because the resolution as it
came from the Committee in the precise form in
which he desired it-he neither wished TO add TO, nor
diminish its iorcc-to afford opportunity those 20
whom ii directed to escape the CATION il presents
oy any ingenious subteruges. AS IL stood, there could
be no misrepresentation of its meaning; but ii
ed by amendments, suggested by those who desired and
whose obect was, to defeat the Intentions of tn Legis
lature, the public will might e defeated by those
whose interest it 10 do So, and vino were now eyl.
IDENTITY msrepresenng their State and who would seek
to give 1T construction different from What intend.
cd by the General Assembly lie repeated that lac voted
against the amendment, because he believed TO be
both intended and calculated tn embarrass the original
resolution, and 10 afford preic which would be eagerly
sought for, to cvade by ndreciiun the direct wishes of
OF the Legislature and OF the people He wished TO speak
To me Senators IN terms that could not be
aud let them and their friends take the responsibility OF
direct disobedience, if they chose 10 incur it.
Mr.. HoLLEMAS said the amendment which had been
rejected, IN fact, declaration of the principle
which had been successfully opposed by the gentle.
man from Albemare. 1t declares that have no right
To instruct the Senators to violate the or 10
Commit an act of moral urpitude. But the question is
whose opinion is to be taken the of the
duty required by the Instructions Are The Senator'S
opln ons TO be The law on these questons' Such is
doubtless the view which the of the amend.
ment take OF the matter; for they would hardly
suppose the Legislature reckless give nstruc-
IONS which IN their opinion would make such agtous
demand ON the Senators. The Interpretation OF the
amendment u.s. that if the Senator thinks himself in
strucled to violate the Constitution however the State
may think Otherwise, lac has right disregard the in.
siructIons ! admit, said MIR. H. that have no right
10 instruct INN TO do what think unconstitutional
but thing may be unconstitutional in the abstract
which Is not so in particular case; and the Legislature
must be the Judge of its own actions. But if adj
i mat me senator is The proper Judge, and that his
judgment is 10 be sustained there would be nothing To
Dihd MN To obedience resignation. If they were to
amend the resolution by stating that the Legislature had
ink an
act OF moral turptude-a difference of opinion might
be the result the Legislature thoug consIu-
ona act the Senator might think otherwise that the
same objection would round again. MIR. Hole.
man thought they were bound to vote against amend.
ment which would lead to much diiculty and so es.
sehaIiy coniound the rights of the insiructing and
strnctcd parties. IL is true may appear OH the Jour.
hai 'hat we have voted against principle to which
nave no objection in the abstract well known
'hat IN votng upon amendments the does not ne
cessary express the opinion of the member the alb
slract question involved One Of the hest reasons for
gong into committee of the whole, in which no pro.
csedngs are rtcorded is that in deciding upon aterna-
tive conflicting motions To amend they were often
Obliged TO vote apparently against their opinions Mir IL
might refer TO an instance Of the kind in which the gen
tenan from Richmond voted against his opinion. On
the motion 10 amend the fret resouon he voted on the
oon TO strike out the word erPHage for the purpose of
inserting the word ind
Mr. SrANARD said he voted for striking out, because
he was against the whole resolutions; and made some re-
mail ks at the time To shew that lie did not vote for the
reasons given by others.
Mr.. HoLLrMAS resumed. There was nothing more
10 NC right, because was not eXpcdent appropriate
TO The time and circumstances; because tev 4 sb la
REJECT certain motions IN order get something better
mus their votes ocn appeared inconsistent on amend
hens, and required explanation; but they could not
neip IT, Tins state OF things had been very iorcbly
illustrated by the references made during The debate E
Inc gentleman from Aibemarle To the journal of ts
House two years ago Charges were nude against gen
lchlel, oil Inconsistency and change Of sentiment on
the ground OF the votes given by them ON alternative
otons, ana motions to amend But those clarpes had
oeeh Shewn 10 be erroneous recent illustration of the
acy oil forming positive conclusions upon similar votes
Mr. GiLMER rose to plain. lie argued that after the
tatlve to SET up his opinion against them But mark the
difference between my course aud that of the gentlemen
who voted against the amendment. While think that
amer the instructions are given the Senator no rigl
To consrue The Constitution in relation hem because
IL iat right were conceded, in all questions he fnyht
conslrue IT against the instructions, and always find a
constitutional question defeat The of the constitu
ent body)yet agree that the Legislature has no riSl
So 10 lhslTuSt him as 10 require hun to violate Com
stitutiOn or commit al act Of moral turptude do not
say he has ia that case, right to resist but merely
tin Inc abstract proposition, that the Legislature has
right To give such instructions. And Will YOU contend
that you have that righE As the reference of the
gentleman from Isle Of Wight tie journal Of the pro-
ceedings u the Legislature two years auo, Mr. Giuer
thought they had closed the account Yesterday and
struck an even balance between debtor and per
ira sides Of the books.
Mr.. MADfsOS rose TO the question Of order
Mr.. GiLMEH thank the gentleman from Prince Ed.
wafd Or MS anxiety TO Keep me within the bounds Of
oder-but wall suggest to hn tia; By sitting sul nc
wll be more n prder than by ncrruptiug when ,n
not out vi order.
about 10 alludc to Tie inference 10 be draw from
the vote On the amendment The journal containing our
proceedings will 20 down pOstefty and i'm aiicf rs
[ fft, Ia Il -