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

fIg1's fcs slT, nj OF such a
principle would the Northern States 10 instruct
their Representatives TO abolish slavery in the State of
Virginia do not take exception to Tie right, but the
abuse of it in such require the Senator 10
violate tue Constitution. There is difference between
The right of the people 10 inst uci und that of IN
Legislature. Although may be considered ultra
IN my opinions, yet | deny that the decision Of
the State Legislature is hua in the decision Of
disputed constitutional question. | do not deny
the right OF the Legislature to Express an opinion
on such questiont is highly proper that they should
do So but the people, in their sovereign c1pacty the
hnal resort What is 1t that gives the Legislature The
authority to instruct: Either tho which their
instructions carry with them, the fact OF their beiug
the representatives of the people: And put il TO gen
tlemen whether they can claim for the Legislature a
right To instruct independent of the Constitutions or
whether they exercise that right independently of
the viii Of the peope2 take different of the
resolutions of 1912 from that which ID taken by Other
gentlemen They seem to me more applicable to the
right to instruct, than TO the question of obedience
They establish the right of instruction, aud declare
that 1t is the duty of the Senators obey; but they
also provide, that the Senator shall not be instruct
cd TO violate the Constitution, or commit an act of
moral turptude They qualify both the right Of the
State 10 instruct and the obligation of the Senator
to obey But take the principle in the resou
ton now before the Housel is unlimited, and requires
obedience under all and every circumstance For that
reason voted yesterday strike out and modify it.
am still opposed 10 il; for although gentlemen say they
DO not intend to all the grounds to which have
alluded, cannot see how they can avoid it.
mr. MADISON thought the gentleman could rid him
self OF The objection he had stated resolution if
ne would make the effort He says, that have
right TO instruct the Senators violate the Constitute
never heard that The Legislature possessed such
right, that it had been assumed But the Legs
iatore had right Ia tiink-and what then? Supposc
they should direct the Senators do act which did
not IN reality violate the Constitution The Senators
might Mtnh 1t did, and they might be mistaken; and
what are we TO doarc In ask the Senator set UP
has opinion in opposition to that Of the Legislature p
HIM, declare, that they do think their instructions
violate the Constitution And sull we establish the
principle, that the Senator is to Judge of the unconstu
tionaly of the instructions, and up his opinions in
opposition to that Of the State; or shall il be made hs
duty to obey resign, in order that other person
may be elected to fill his seat.
MIR. WITcHER did not deny the position taken by the
gentleman IRON Prince Edward. lie agreed that the
Senator must either obey resign his seat But we
have no right TO instruct him TO violate the
Snd IN such case, new question was raised. What
he had objected 10 was, the language of the resolution
which placed no limitation on the right; but assumed
mat the Legislature had right under all
to instruct, and i'll all circumstances, demand obedi-
ence The gentleman says, that the Legislature has
right TO judge of the constitutonay OF their instrc
tons do not deny it; but deny that they have n
right TO violate the Constitutions demand OF the Se
nator TO do so. The Legislature has right to Judge
but is bound TO judge correctly 1t is for that reason
that gentlemen here take their oaths maintain the
Constitution. will ask the gentleman one question If
the Legislature has right violate the Constitution
or The burdenof the song Isl that the Legislature has
right 10 do it, and therefore will not do tiff saw
the Legislature has such right have they the anto
~ to instruct others TO do what they have right to do
themselves
The question then put upon Mr. Parker amend
ment and decided in the negative by following vote
NeMessrs. Banks, (speuker) Gnals Dan,rnond Gilmef
Hunter Ion.haw Miller Wilson Of b. Doeamp. Tulab"i
4ni n.S D "6," RI
Snn o. nSgSs fe silaagS s,sse Hale
Hail Of Groyoa WceEod Avcnt Carrngton Conan Sloan
Gregory suae Fleet msoe RobSsoa caTaeI Na HI
oss ' wss sossa cGs @
ad leses shsFr@Id Benton Brown Maansh Cooke,
casEsy noS". c HSna s HSaSa
hotI Conrad Jossco Iciulsn Basc RSSer Iaaiey Burn
Poa saa aS canSgf G io% Of %
Mr. Price said he would now offer the amendment to
not intend to refer particularly to the present crisis as
he hoped IN this case the Senators would resign But
the adoption or rejection of this amendment would de-
eide Mr. re vote In the former event. he should vote
Tor TINS resolution, but not otherwise. Besides he
thought IT important that the principle should be settled
Mr T. lhen offered the amendment before recited.
Mr.. SrASARD said this amendment was similar TO one
which he intended to have presented if the motion of
the gentleman from Northampton had prevailed lie
acqulesccd in the Proprety of the OF The gentle
man from Fayetie and Nicholas.
On motion of Mr.. Wilson of B. the ayes and noes
were ordered on Mr.. Price s motion.
MIR. GlLMEn said the amendment now offered did not
seem well adapted TO the To the abstract dccla
ration that the Legislature had right to instruct Sc
majors to do wrong act, he should willingly accede
because the right instruct implied the obligation on
the part of the representative to obey, and that oLga
on would be destroyed by instruction violate the
Constitution or commit act of moral turpilude In
such the Senator could not obey--a higher man
date than that of the constituent BODY womb forbid il
III mas been supposed that he might do the bidding his
constituents under such circumstances with The mental
reservation that 1t their and his eaying the
responsibility upon them, for which his consc
ehcc disapproVed But Mr. G. could reconcile such
conduct with the rules of morality the obligations of
an oath. No honest would allow others TO swear
ioT MN, out must be las own agent in keeping oath
he has taken. But what does this amendment propose
lie Senator is bound 10 obey resign unless he is re-
CURED to violate the Constitution or commit an act of
moral turpltude If you adopt this proposition what will
be It's eect' Why, that the Senator bound TO obey or
resign unless he chooses do otherwise Such viii be
~ nit 4 l.-t,t
i've to set up his opinion against the opinion of the con-
stiuen body If you do this your gt of instruction
is not worth buIrush.
MIR WTcHER proposed TO modify tho amendment by
substituting the following: But that state has no rioht
to instruct its Senators violate the Constitution m 10
commit an act OF moral turpItudewhch was accepted
by Mr. Price. r.
Mr. GILMER. AS said before, have no objection TO
thiS abstract declaration agree with it perfectly. But
me same question comes back upon us-who shall de.
clue! differences III opinion cannot be avoided: but
there must be some OF settling them The OBI.
mons OF an individual his own property The Le
gisIaure cannot control thcm-thc ortures Of the Suan
ish InquIson have proved Intellectual for such PURPOSE
since lheh, IL IS impossible TO
III lne Opinions OF the Legislature he doubted the pro-
Pfey oil making tins declaration, because il would seem
TO impair the general obligation obey II this rule
were formally announced, the representative nip saw
GU have instructed me 10 commit an act OF inciSl
turpitude, and will not Obey-neiiher will rcsgn:
but VIII keep my seat This would totally annihiialo
TIE power OF the constituent body over its represe
MI u cond not but see that this difficulty would al.
eno the declaration proposed; but was true in IL
sell, he should vote for Il.
Mr. PARKER said lac feared they were wasting precious
time, and squanderng the money Of the people Did
iey not Just now, bear II announced cr caidra at M
amendments would be adopted! Had they not heard his