Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-10
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Esich1n0nd, Thursday, Marcia ko.
MR.. LEIGH.

b,ore the public, and will excite the strongest feelings
in the bosom Of every Republican OF Virginia For our
own parts we scarcely find words sufficient To
,ress our Amusement and dSapp"balion. We cannot
doubt that his Letter will be regarded as tissue OF the
Gimsies sopIisnIs, which ever cnanaed from public
man OF any distinction, in Virginia. How truly typical
j. lis ziuzar character Of the anomalous. unsteady, and
crooked course which its author has pursued! When
was there paper of this desert ptIon addressed TO the
Representatives of Frecmcn, by Of their ser
wants so strongly Characterised by such overwcenIng
and arrogant presump:unso utterly regardless OF all
the ma xius of discretion! Mr. Leigh affects indeed TO
pay bold and lofty part-je the mock buskins
of heroic dignity: but he should have cc"lIeclrd that
his audience consists Of free and independent People
who are able to distinguish ashncss from wisdom, and
passion from principc.-Mr. Lcg 10 have form
ed too high opinion OF his oHm abilities and TO have
calculated too largely on tic crcduty OF his country:
men, Let him BE- assured that such ilInsy sopisry and
such fragrant inconsistency this cannot bewildrr the
understandings Of the People. No. They will require lin
the language lie has applied to "ler acts and not pro-
fcssionS-s;, other and better proof OF his devotion to
the principles Of the Constitution, and to the doctrines
of Republican Fathers, than idle and ridiculous
yaunlng. is right, too, in surprising that SO during
attempt to bring into contempt the essential prIncpit
of Free Government, and TO defy the People and their
Representatives. will call forth spirit, and kindc
flame from end Of this Common wealth to the other
1T will sweep from the Mountains to the Ocean, and will
teach Mr. Leigh and his compeers, Alangu Southard
and othvrs) lesson, which they will never forget.
And who Of all breathing ought to have been the
last pur:uc this extraordinary course: From whose
uld not the blow; have with better grace
Had not this essential principle of free government
enemies enough already, without arraylxg against the
manc OF Benz amin W. Leigh: Was 1t Tor man like
him 10 sacrifice every principle of consistency, upon the
altar of facllon Was ii for the author Of the ceebrat-
cd Report OF 1872 To be The first Senator OF Virginia to
trlnple it under fuul to strike the only national plume
which he i'll his cap 10 commit suicide OH his
| own political reputation;
And when such conduct m!scraby defended
He seems almos, have banshed from his mind the
opinions he formerly supported-or where he has refer
red lhc he has been unfortunate as to mlsrepre
them. Let US take brief retrospect OF past trans
actions:
! In ISL the General Assembly of Virginia instructed
their Senators Mcsss Giles and Brent, to vote against
the Iccartcr OF the first Bank Of the U. States the
ground of lis uncoSlitutonaity. MIR. Brent dSobcycd
his Instructions, aud voted for the Bank MIR Giles acted
in ccnur,nly with the Instructions, and voted against
the rccharLrr. But, his speech he expressed the Opt
niun that whilst The Legislature had the undoublcd right
to instruct their Senators had the right To judge whr-
hcr the instructions given required them TO ttOtatc the
Constitution, IL dO act " norGL turpuudc This
opinion subsequently, expressed. IN tile most re-
spec,tul terms, the General Assembly, and support
ed by ingenious argument, to the heads of Which
shall presently recur. The temper and tone OF MS
Letter certainty very different, FROM those Of
! MIR Leigh. Now; how MIR. Giles treated for
his opinion by Mr. Leigh himself: lie was then for
the first time member Of the House OF Delegates from
the town Of Petersburg highly democratic-then
worthy Of the compliment OF the cockadc OF the Union
lie proposed resolutions Of ccnsurc against both the Sc.
nairs and supported by the celebrated Report Of
lSl2: which adopted by b'lh Houses OF the Gene
raj Assembly, lie especially severe and almost per.
sonal Mr. Giles that gentleman himself consider
ed it-ior he thus speaks lit: In ISL, ,chen had
not Ony obrycd the nSti uctiOnS Of $50, but used my
" best c1trons fur tier success The Gencral 4ssemWyto'
tic prosecution Of their ghtS and dignity fell upon
nc triM TIE unprecedented riOcnce, &c. Again
he says: al p07rer exercised aciM Sertrity ocards The
Scnators personality, and IN respect ncccssnryOr the
establishment fany right claimed by tic GencraL assem-
"Uy-"i The preamble (of the report oflol3) hopc is
oppressed, Mat The Language 9t The Senator tras either
moi maurcy consdered, or not correctly reported This
allusion is excns vcly po nted at myself.
In the session Of lSi2, Mr. Giles sent to the Lcgsla-
ture their Report in whichc undertakes 10
vindicate himself He attempts to show, that the cxcep
ton contained in the Resolutions of l5l2, he very ex
ccplun OH which MIR. Leigh himself relies y us
fed him in the opinions which he had expressed. And
how was this Letter received? Though coming from
one oftle most gifted and distinguished men in Virginia.
treated with very little respect aud by none II
believed, with aspcrity than by MIR. Leigh himself
IL neither printed, PIT upon The journals. And
yet, shall presently see, this very SENATOR who
thus criticised and crnsured MIR. Giles, for merely CT
pressing opinion which regarded untllendy 10
the great right Of instruction, has now The hardood TO
employ the arguments and 10 rely on The very
same PORTIONS Of his Report, 10 justify his
slsiamce To the doctrine. To prove this conformity, let
US contrast MIR. CHESS argument in 1872, and Mr.
Irgh's recent Letter We shall how cozly they
run together though Mr. L. is the stronger Of the two
against the right to instruct.
MIR. GILES says-"Ihe influence Of the true obligation
TIC State Legislatures, and the high respect 'rch IS
at all times due from the Scnutcr 10 The expression IF such
opinion By The Legislature Of the State he represen re-
Spcct rhch feel 50 strongly that ncccr could depart
from opinion thus eIpresStd unttss in clear amt IN
dsputaLle case; but the point cOntcndcd for, this
that the opinion Of the Legislature not iHynncti1c
compulsory and mandatory that IS not IN the nature
commando but addressed TO the discretion Of the Senator
tung consideration alt the circumstances C the case
connected lcith such Now, this, it will be
borne in mind, IS virtually Mr.. Leghs own opinion
And how does Mr.. Giles defend this opinion by un-
dcrtakng just Mr.. L. has done, to show that the Re.
solutions OF 15l2, by adding the words in the provIso
left the Senator alone Judge and determine whether
the instructions direct him 10 do an act which would
violate the Constitution, amount 10 act OF moral
turpude But let US hear MIR. Giles hlmself:-"lIe
first part Of these resolutions Legs of 1922 asserts
the induJaLic rigt Of the Sutc Legislatures to Instruct
their Senators in Congress on all P0tnS C0nStuuonat {"
Poc chcnercr The magnitude 0t the OCCASION shall re-
quirc such interference, and that an consequence IS
the Loundcn duty Of the Senator to obey such inslruc-
tons If the resolution stopped here, although deny
such consequential duty II would certainly contain
principle of positive dictum command, and would
have been carrying into effect the principle of COM
mand asserted by the General Assembly in the preamble
TO lis full extent But the General Assembly thought
proper add this provso: 'Prorided The instructions
10 be gren and alleged, require not The Senator 10
10 commit uiOfutiOn Of Me Constitution, or an act "
moral turpituds. .f0W, the General assembly Is re-
syectjuy asked cho is judge Of these important points,
whether the Instructions require the Senator t" commit
violation of the Constitution, not act of moral
,urpludc or not. The State Legislature Cannot Judge,
from the very Of the 1t hasaeady decided,
in the act Of instruction itself 1t is its act and judy
menl, therefore, that is to be Judged e OF course,
he Senator must Judge Of both. Upon this PLAIN and
clear Interpretation IF the provision, was Warranted IN
saving, that the instructions are not in the nature OF
command! A command is positive and unconditional
Annex condition of which the person supposed 10 he
commandrd is to judge, and ceases tobe communal
It may be instruction, request, SC, but cannot be
command; because the meaning Of The word command
necessarily preciudes all qualifications and conditions