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

wasse1e Be"c", Parker capne, M's'r sw,":e, W'"'
vSs-Acs,ra BANK. Spcakr L,yne Wiley, MCnc Miller
s!s:si !I!snJ ns%S" Day.Sn WIZ Wais" lI?I of x,
cheoa fon,anc "lcman Robinson, Hays, staon, atI' Thy
nsls., Shrfal Brown a. Cooke LcIanI tirzgcuI voolfolk
Almond Adam. Mcoy cnrh Hopkins. Carroll Madison" ,a"s
B'e Rnk' !""'-LI, Measure. Ilasravc Gillespie, Gi''o"
MIR HALL SAID liz would trouble the House with few
words in lnall"n vi the he l; constrained Ia
take in rrati" to this resolution. He adv"ratr
OF the right Of instruction; but The rejection of the
amendment oh'rr by the gentleman from PillsYl|"nIa
would prevent hIh ir"n Voting fur the rSnlu tom; tor,
itprovcd 10 HIM that There 4 majority in the House
who thought the Legislature had the right I" instruct
the Senators to violate the Constitution, and COMMIT an
act of moral turpudp
Mr. DANIEL to contradict so far rs his opinion
was concerned the idea entertained by the gentleman
from Falriax He did not suppose there member
IN the House who could believe that the Administration
party intended to assert that the Legislatures had right
to instruct the Senators to violate the Constitution.
MIR. BALI. did not intend to make charge against
any gentleman i'll the House, but TO his mind, the SENSE
oil The res 'uon under consideration, acted upon,
must be that which he had stated.
MIR. GILMER asked il the gentleman from Fairfax
would allow the opinions entertained by him ol The ac-
ton OF the House this subject TO influence the vote
he should give the declaration Of naked principle
amendment inch had just been rejected shewn his OPT
MON as TO the right Of the Legislature, he should now
vote for the resolution, with which he agreed, although
1t did not cover the whole ground But he put The Iics-
ton to those gentlemen who had voted down The amend
ncnt declaring that the Legislature had right Lu
instruct Senator TO violate the Constitution and
nit act vi MORAL Observation-Disclosures they had not,
by that vote, virtually declared the converse vi that OPT
MIR. Boris said he cared not what were the motives
Of the gentlemen OF The majority, in voting down the
amendment. he must regard that vote inlerpre
taon ut the meaning 10 bc gwen to this rcsoulion and
he could not but consider it positive declaration,
that State Legislature has rg il 10 instruct lis Sena
tors 10 commit violation of the Constitution act
Of moral turpilue. BY ecng the negative PROPOSE
ton, they had established the airnave and il seemed
to him TO nave all the force Of deliberate decision
lie valued The yht of instruction much any man,
and he anxious to record his vote in lis favour but
he could for the resolution, with the vote Of the
majority staring him in the face, which! gave it the
Interpretation to which H. had referred
Mr.. SrASAED sad that the resolution introduced
to The House affirming generally and IN the most unqna
hcd form that it cDnld be alrncd the right OF the Lc
gslaturc 10 give instructions to the Senators. There
qualifications TO this naked power, OH the face Of
tie resolution 1t applies 10 all things, aud asserts the
right under all circumstances. The unqualified form OF
the declaration has been pointed OUT and the friends of
the resolution have been asked to allow lis qualification.
far at least rs 10 declare what was admitted by many
to allow its amendment as Smp! 10 say, that the
right is claimed to instruct the Senators to violate
the Constitution commit act OF moral tuTpltuc
But the amendment eced aud what the inevitable
cvnclusIon | ask if it is NJ" well established, that
when general right is asserted and qualification Of
that right is proposed and ncgativrd-it is virtual
declaration that the ri glt is unqualified: And this ii-
preston being inevitably made by this vute-are not all
those who shall for the rcSoutiOn bound 10 take it
without the qualification? Will they not give their
ton, even against their OWN sentiments perhaps, To the
unqualified and Unlimited right declared by the rcsou
ton: VIII they not pronounce 10 the world their OPT
non that there is and ought 10 be no qua icaon 70 The
right asscltrd:-lI the qualification had not been nL
temPlrd-li no motion TO amend had been made, this
question would have remained indefinite and undccld"d
but having been made and ri cced the decision of the
House stands recUrdcd that the right asserted in
the resolution is unqualified right. Mr. 5 here
referred To similar decisions IN The late Convention.
proposition, for instance, made in that body to give
limited authority /" the Legislature for the ncorpora
ton Uf religious associations. The motion rejected
and he well rccorclcd that the argument uscd the
occasion was that il the moll"n agreed to- 1t would
bc negati1u OF any further authority The subject
So, i'll the proceedings Of the Convention on the Duel
ing act. the authority given 10 the Legislature 10 create
official disqualification under that act, objected
to establishing the ncgaton of the right TO disqualy
in any other casesand the decision so considered
pom these grounds he sustained in the declaraton
that the negative vote just given, affirmation Of
unqualified power in the Legislature: And he did not
fear contradiction when he said that such must be tho
Interpretation OF The resolution us Legislative act
MIR. DAaIEI said he was aware that suc! might he
the Interpretation OF the proceedings O The House On
this subject. lie therefore did not wish his vote to go
the journal without explanation. He did not intend
to affirm, because he did not believe, that the Lrglsla
had the right 10 instruct the Senators TO violate the
Constitution commit an act of moral turptudc-
But he did not believe they under tine
sty to amend the resolution, for he prupricty
in raising that question II we believe the resolution
is perfect it is, tar as 1t goes, have we not i
right to rerct any amendment however true the princ
pie asserted by it, ifnDt necessary 10 the sn assertion
urht plated in the resolution: One word as 10 the
effect OF the adoption Uit!r amendment which had been
Offered Would it hold out 10 Tic representative The
idea that he had right all occasions 10 challenge the
judgment Of the Legislature: Had the amendment stated
that the Legislature had right 10 instruct the Senators
to do what the Legislature itself considered unconStIiu
onal it would not have been objectionable, although
pupably unnecessary. In any question Of the kind,
it would DC, after ALL contest u! op!nios for, il was not
be supposed that the Leg sature would wully and
knowingly direct breach Of the Cons:itutiUn-and if
the Legislature think constitutional they have the
right 10 command its performance, and one has
right 10 call them to account hut the people.
Nr. STANAKD said Could there be Il more irrciraga-
bic evidence of the truth Of the statement lie had made,
Us TO the Interpretation Of this resolution expoundrd
BY tic action Of the House. than that the gentleman from
Campbell! should feel under the necessity OF standing up
in his place, and saying Oh this our III llcetis breat
that he dues MT intend 10 give such an Interpretation to
this resolution by his vote 10 cccl The amendment:
This declaration Of the gentleman intentions NAY sui
flee explain his views t. this House. but il ducs not
go UPON the Journal and does not alice! the act OF The
LegiSaturc the Interpretation which must lie gl"rn
to It, Whatever may be the avo"cd opinions, Or mental
reservations Of individual members, there are fixed rules
for the Interpretation o.. Legislative acts, which cannot
bu affected by them Il is vain for gentlemen IL say that
they 60 not mean to sanction principles or opinions
winch their votes establish! When the acts which they
have passed, recorded and circulated through !c
country they carr their face l!rir undcnabc inter
probation. Surely the gentleman from Campbell, as
professional man. mast admit the correctness OF tic rule
have stated. Could il he necessary still iIter t. H.
lustrae that rue Would nat the assertion established
by negative stand in all other cases: l1u assert
general prncipcan exception" is made 10 lit
jcctc, ana the general principle sustained in It's naked
form Is it declaration that the exception is tot
admissible: You make general r!lc and refuse 10 re-