Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-02-11

ny institutions, provided they Will establish
occs NJ those points, but IT should be borne in mind
that the charters of all the Banks in The Commonwealth
expire IN about six years, and the whole system ma
,hen DO duly revised and wisely regulated a. b.
FOR 7YE lxeUiReR.
THE DUTY OF A SENATOR.
An assertion ola truth, in expressive terms is moro
apt 10 carry conviction 10 the mind that is habtuatcd
close REASONING than an argument hoeye coccnt i'm
eincida!ien OF that truth Hence is very often adop,
ms style, when wish 10 convince and do not
TO dictate And what variety and infnity OF truths
are ere the clear assertion of which is their very best
exposition and dccnce!-W this remark will aoain
70 the duty OF an instructed Senator Congress
would II not be grossly insulting honest aud intel
gent man, to tell him. that has re capaci
~ he has violated the Constitution his State or that of
sne United States; And why would il Insult him? Not
certainly because he is an advocate Of that Go.
vernment which is established by the Constitution; for
ne may not be an advocate of such form of
III preference 10 any other and nevertheless the ascrip
ton Is not The less certainly insulting. Why then is
ne insuted Plainly because the ascrbed violation Of
the Constitution implies violation of his oath-i,n
putes sen act of moral turpitude"
suppose the same honest and intelligent man is told
mat he has IN the discharge of duty
oeeh guilty OF an act OF moral turpitude. Suppose he
is called on in the for renewal of the trust 10
defend himself against the charge of wing committed
the act OF moral turptude In such where is he 10
look for the from which bring forth to the view of
Others the only evidences besides his that he
mas no actotmorai turpitude? At once, will
refer 10 the Consituton-and TO what end 10 show
that he has not committed the act of moral turpitude
Mo- but TO show he has not committed ga violation of
the Constitution aud therefore, that he not guilty. of
IAN act of moral turpitude' guilty because the
act DONE in has opinion, is founded chart of his re.
preventative powers Blu. suppose he is sustained
ny the just constituent body, the People and other
question is involved in the election and he is equal to
his competitor who differs from him in this but is equal
TO HIM IN all other respeciscan it be fairly contended
when he is thus defeated that he not pronounced gu
~ oil "a violation of the Constitution Surely not
iof hVugh THE CHARITY OF INDIVIDUALS in view OF the
general rectlude oil his conduct acqu him moral
turpitnde in the act because hts opinion il is no viola
ton OF the Constitutions YET by force of his defeat by
the collective will OF the constituent body he will stand
of nut lie of
ga violation OF the Constitution" nierring moral rni
tude AND why is reasonable and just that he is over
mastered by the elective power for doing which, in
has opinion, does not violate the Constitution Why is
1t right that the collective will of the constituent body
OH me constitutional question: shall prevail over his
ophioh when he was formerly selected for superior
Virtue uo lhteiliScnce Let the sentiment of The Re-
port oil iSl2 give the answers TO these questions-li
reasonable, Just and right, in all conflicts f~opinion
occurring between the constituency and those though
The most eminent in 1t, who offer to represent the rest
That the elective power shall prevail, because 90.
vernmen is trust for the benefit the governed and
ga greater of wisdom and virtue resides in tn. con-
suueh BODY than the utmost portion allotted 20 any in
Now, transfer this reasoning from the elective power
to the subject of Instructions The constituent body IN
Snct'hg pSo dcto declares the instructions given TO be
constitutional and when it is 'actuay given, the
preventative sincerely entertans the opinion that ne
instructed TO support measure which violates Con-
sttulon, and that the constituent body oil course has
violated the Constitution, by giving lie Instruction.
which is TO prevail in the councils State the opinion
OF the constituency that the is constitutional
or lie opinion of the representative that the instruction.
is UNCONSTITUTIONAL Clearly the opinion of The CON-
shtuency should prevail. And why because 'goycrn.
ment is trust for the benefit Of the governed and
therefore, when there conflict opinion it is no, al
owabe that The Representatives shalt be organ of his
own Will But, why shall it be taken for granted
that the opinion of the representative who was elected
on account OF superior virtue and intelligence If exc
cued would rebound more TO the benefit Of The repre-
sehleu, man their own opinion carried into effect.
Let the Report OF 1912 give the answer:-Bccause
II Is taken tor granted that greater mass of wisdom
and virtue, resides in the body than the ut
most portion allotted to any individual And hence il
is reserved to the constituent body the iudp of the
consutonality of instructions and as To lie rsoresen
ntive and his constituents when the instruction Is
tPSo tdcto IT is constitutional There no umpire be-
tween the Parrsthc constituent body has acted and
with more virtue and wisdom than ba presumed by
Others much less by himself be allotted 10 the repre-
senlave-he cannot appeal any tribunal superior 10
the authority of his constiiuentsfhey created him their
ageni-they have expressed TO him their will, and he
must be the organ OF that WILL else become DEsPor
by being the organ of his will. Now apply tais
reasoning TO the of Senator in the Congress- of
the ~ States instructed by the Legislature of his State
And not as strictly applicable Senator elected by
Lgs,atue as tIs to e ced by the peo
Pile! Let tie Report of 1912 give the answer TO icit
The right OF the Stale Legislature INSTRUCT its ena-
tors rests not solely the ground that it elects them
the State Legislature is clothed with the general at
tributes OF the State sovereignty; the Instructions
om the coSsrrUENT LEGISLATURES their Senators in
Congress are public acts within the sphere of that por
uon OF the State sovereignty not retained by the people
nor delegated by the Constitution of the q S TO the
SeneTel Government but represented and possessed
the State Legislatures Then this o,int for Tho n,eson
has The right to instruct its Senators in the CONGRESS of
the U. States. Then is the reasonng w bch
bic 10 the conduct of representative elected y the
people, and SUBJECT to be nsrSc by them all points
either constitutional polite as strictly applicable TO
instructions given by the Legislature to the senator ON
constitutional points, it's to instructions given by the
same 10 the Senator, matters Of policy Let the Re-
port OF lSl2 give the In of its arouc
aud the authorities cited the Report asserts that there
Is an END also to that distinction which has been in
sisted on, between instructions constitutional poins
which have been said not to be obligatory on Senator
and instructions matters Of policy, which arc allowed
10 be obligatory On the contrary, il would apDeay
that If there be any difference the obligation of sucn
INSTRUCTIONS those Of The former Description arc of The
stronger O6ftgdoa; since the inracton of The bond Of
Union gives the States The strong claim to interfere
though measures Of evil policy might be attempted
winch would equally jcopardzc tile independence OF all
and consequently the happiness of each as any violation
of the Constitution"
Thus this point is expressly established by the Report;
70 'oH that an instruction constitutional point given
Congress; at teas whenever there question 80
the cOnstitutiOnality Of the instruction This point
say IS expressly established by the Report Now sup.
pose the question of the constuonaly Of tie insruc.
ton actually given by the Legislature is raised by
the Senaor-that he objects that the instruction has no
obligatory loTcei because in his opinion it violates the
Constitution Which is to prevail, the opinion Of the
Senator, That the instruction unconstitutional or the
opinion Oh the constituent Legsature, that The in.
structlon gwen, tPS0 Jeci0, is constitutional Here
too the sentiment Of the Report answers, that TIC
oPia'oH " TIC Legislature must yreeajt-end gohu2-
Because Government is trust for the benefit Of
the governed" in language better suited 10 our
system, because delegated power is revocablc trust
Tor TIE benefit Of tie repesented-a trust 10 be *
ecuied agrecaby 70 the will If ,oh0yp in the case Of
senator Not Of HIMSELF for be pretended Chat
the Senator, when he IL specially informed Of the will OF
i TgVfrff fffff nj fa.r.. IL.