The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1836-03-25

II AAAMNAAtAFNA1ss
eorrelanse duiy of obedience might be
abused 70 The purpose Of commanding
violations of The constitution, and even
acls 81 moral iurpilBde-so abused. under
The influence Of excitement and passion.
/ 10 which the constituent body - veil Is
lie representative. Ike all usher men.
might sometimes be snbjeet-l loOk the
utmost pains 10 guard The doririne against
such abuses. lei Us see now ! secOm-
plisbed The object. The very claim
which understand the General Assem-
bly, now 10 assert 10 power in Itself and
10 obedience from me-sbsolule paGer
On The one hand ahd blind obedience on
the OIhsT-is stated Is an objection 20
the reasoning nf the preamble. aud an
swered a. follows:
I" But il has been said that . state
government may instruct IT. Senaiars 10
Elolale the constitution vi the United
siales- thai state IN actual instruction
against the General Goyernmeel, may
instruct is Senators a. pF1mnle Tie canse
Of rrbelllnn: anil II Is askci. wksfisF
the S,nG'or Ir9elf BE- bound by such
iasirWcii3n 10 violate ths eoRsii'EiiOn he
had stnofa 70 preserve. and Ia ",erhmw
the Gosernn.enI he had sEorn to deirnd'
II ma, b. ans cred "a ihe fret place. that
Ia. psrlicular instructions u hirh InEms the
subject Of present cons aleTalloa. could
hy no possibility involve breach Hf The
constitution 0l lhe Unl.ei States. II
migh;. sad IN Ihe opinion of this Assem-.
bly, Wol.d have bsen. unconstitutional to
charter ne Baak Of The United States
auew: bul surely Il could not possibly be
dremed unconstitutional mt IA charter IL.
H. "a the rest. Without determining ahe
pcinI which has been taken for granted
lhaI sIsie in OPEN rebellion against the
general e,Venmsni would sull he enlI-
lied to It's representation ~ the Senate.
which &C. say The least 10 extremely doubt
ful--ll u admitted without difficulty that
Il si0ts Instruct is AsnGfOr 10 give q
vote plainly yncons,i tsiioRai. or 10 raise
the standard II rrbsllmn. the Senator is
M LU"Ht 10 obey sueh instruction.
Every aass. sett a. tia. supposed. nlWst
stand 'ip0n is otrn peculiar cire,enls'an.
res; u supp'srs all bounds Of right
IshsceEded. all legitimate rule prosuai.
I'd. sid ne proprisy Of operation must
be determined by fhs nature Of he in.
justice. The sTieni Of ths mischisf and
me pruisacs Of resisiancs. But u 10 no
argument against the sXtTcIss NJ LAWFUL
power, thai It may he maize the preiexi
fnr the assumption of al unlaw ful power.
The right af instruction. righdully ex.
creased. with Ro evil iniention. to no
pernTIous object. cannoa he affected BY
The admission. that ID . state govern,
ment 0I the general government brcnme
corrupt aud smhluons. and usurp iyran.
nicsl power. il may Of right and Ough,
10 be resisted. The admission is cheer.
iully made. The General assembly Of
rrginia is incapable ef affirming he
erpiOded doctrine Of non resistance"
And upon this reasoning in the preamble.
the tao resolutions Of . general nature
With which the paper concludes. ssserl--
That i, is the indubi,able RICH, Of the
state legislatures 10 instruct their Sens-
tors in Congress, on all points. either
constitutional or polite. whenever the
magnitude of the occasion shall require
such interference. and that. by conse-
quence, it's The bOunden duty oil the
Senators to obey such instructions; pro-
yided The instructions 10 be given and
Obeysd require moi the Senator 10 commit
violation Of the constitution or an oct
Of moral turpitude. That after this
solemn expression Of the opinion Of the
General Assembly on The right Of in.
strucllon and the duty Of obedience there.
10. no man ought hencelorth to accept the
appointment of Senator OF the United
States from Virginia who doth not bold
hImselG bound To- obey such iRs,ructions;"
meaning obviously such legitimate
instructions as those mentioned in the
previous resolution.
The resolutions, then. which are the
conclusions resulting from the reasoning
of the preamble, expressly declare. that
The instructions which The state legisla.
lures have a right To give their Senators
in Congress. and which il is the bounden
duty Of the Senators to obey. are such
only as require no, the Senator 10
commit violation OF the constitution or
an act Of moral turpi,ude." And il is
expressly stated in the preamble, ",ha,
if a state instruct its Senator TO give a
vote plainly Unconstitutional" the
Senator is no, bound 10 obey such instruc.
Ilon-IhaI every case ul the kind " mus,
stand on IT'S own peculiar clrcumstances'
and tina, " The propre,y Of opposition
must be determined by the nature Of The
injustice, the extent OF the mischief. aud
the prudence Of resistance" Tie alter
native here proposed to the Senator is
mol obedience or resignation. but Obedi.
ence or resistance; to be determined by