Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-08
ssssassHsA LEGISLATURE.
HOlJSE OF DELEGATES.-SnlnTd .Narch D.
I

ter from the Hon. Benjamin atkins l1r.9" ""' vas
| read: oEHAIk C,","' 7
| Washington, March ID, io5C.
To the Honorable Stafford Fl Parker, Speaker I" Tie ''
nate and the Honorable Linn Banks, Speaker {" the
| House of Delegates of Virginia. ~
Gentlemen: | am honored with your letter Of the 2itl
ul,irlo enclosing copy Of the preamble ana l2Sol-
tons OF the General Assembly upon the subject o rS
punGing from the journal vi the SENATE OF tn" Cilrd
States resolution of that body aud requesting me L.
Law the saline before the SauaLe
adhere to the doctrine OF the ri rlt of instruction.. ~
laid down in the resolutions Of the Gerta Assembly
of February, 1872 taken in the plain and Obvious u.s."
and in the ull extent in which is there rxprrsSrd; an
shall continue not only to respect, but aisn to man!
tain it, to the utmost Of my ability. deem il, indeed,
an important part Of the great ri rht OF Stale nrrP"s
tlul as explained and enforced i'll the memorable rrso:u
tons which have illustrated the Session OF the General
Assembly OF l7J9-l6O0; and in my opinion, This right Of
instruction will be found Of ncstabr value On nj! oc
casons that may arise, presenting questions concerning
the lust boundaries of power between the Federal and
| State Governments. II, them the General Assembly
had instructed to give vote, according to It's sense
of proprieLy, any constitutional question which could
consider at all doubtful, especially on question on
which the public mind had b,cn long and deliberately
exercised, which men $ judgments had been formed
under the influence of party or temporary excite
ncnt but Of dispassionate reason. and yet remained
divided and balanced; | should, in such case, have
| followed the judgment Of the General Assembly,
though it had been Contrary 90 my own. For this
would not BE- 10 violate my oath Of Office, but only to
renounce all vxin-gorious prctcnsons 10 nialbI!'-
ty, and TO pay proper and CONSCIENTIOUS Difference
to the wisdom CT the General Assembly. If the Gt-
neral Assembly had instructed ne Sor to vote for
particular measure the ground that It held the inca
unconstitutional, then, could hardly be uncon:
sLiluunal 10 comply with such rgatire Iistruct!nn
should have had hesitation in yielding obcdlcncr to
it, however clearly the measure so dsapprored, nIght
appear my mind constitutional and wise And Us TO
questions OF policy, involving no point Oh consul.
tuunaI right, can hardly conceive case III which
should find difficulty in conforming my vote with IN
slruclons given me by the General Assembly. But do
hold myself bound to obey, and cannot obey any
instruction that commands TO do al act, which, in
my conscientious opinion would be- in itself, plain
violation of the CONSTITUTIONS, and, i'll its consequences,
DANGEROUS and miscellaneous III the extreme.
While thus declare my adherence TO the doctrine of
the right Of instruction, asseredby the General Assembly
III lc2 which, sincerely believing to be just and true,
then lent NY humble AID to maintain, beg II may BE-
distinctly understood, that II upon mature reflection
thought the principle wrong, neither the pride Of
opinion, ui the advantages which public EIrn,
usually derive from maintaining their consistency,
fear OF the rrproucIrs which inconsistency always in
ours unlrss indeed 1t be backed with power) would
withhold NE from rcnUuncng 1t.
The first of the resolutions you have transmitted TO
me, nsrucls the Senators from Virginia IN the Congress
OF the United States " to Introduce and vote for
luton, directing the resolution vi the Senate vi tile 18th
March, 1891, declaring that the President. III the late
executive proceedings relation TO the public revenue
has assumed upon himself authority and power not con-
icred the Constitution and laws but in dcrogaon OF
both, to be cXpunged from the journal OF the Senate
Of the United States by causing black lines 10 be drawn
around the said resolution, It stands on the original
manuscript journal and these words plainly written
across the face OF the said resolution and rnry,-E1.
plunged by order Of The Senate OF the United States.
have RECONSTRUCTED the rcsu alton Of the Senate dis
approved Of By III. General Assembly, reference as
well ~ It's Intrinsic prupcty, To Tic constitutional
competency vi tile Srtac 10 adopt it; have reflected
the question: whether the Resolution Of the Senate
| surprising it wrong, cunslitullonay he cxpungcd
irun the journal; have i'll dong so, earnestly en-
dcavocd 10 discard from my ncn"ry the circumstances
belonging 10 the history both oi tie resolution con-
demnrd and O The resolution condcnnatOry indeed,
was called upon to consider the proposition 10 ex
punGe the resolution Of the Senate before thought
It possible | could Lc personally concerned in
the result: and i'll every view have been able to take
OF the subject find 1t absolutely impossible to obey the
instruction given ~ | canmot obey it, without
committing All act, which tony Judgment and conscience
would be plain violation OF The constitution OF the u
States. cunnot obey it, without descending 10 de-
gree Of slavSh basrness, that would render Justly
despcable and expose TO the scorn even OF those
who have Commanded the deed. ! cunnot obey it, with
out furttiting my serespcct forever.
The Constitution of the United States contains pro-
vision (such Is to br found in few if any of the State
CONSTITUTIONS that each House [ot Cungressl "S!a
keep journal Of its proceedings, and from time to time
publish the same, excepting such parts as may in their
Judgments require secrecy; and the yeas and OF the
members OF either House any question, SHALL at tie
desire vi onctll OF those present, be entered on the
Journal The purpose OF the provision is most obvious.
1t requires each House to record sits tansactlons,-to
record them all, truly exactly and iuy-to record them
for the Information Of present and future generations; to
furnish EVIDENCE to which the constituent may refer
in tic examination OF the conduct OF the representa-
tive, or the representative resort Tor his IuStItca-
ton and to hand down 10 our posterity, certain
knowledge of all the acts OF their ancestors, which
may often serve Us Il guide direct them and some
times beacon 10 And unless the provision
can be complied with by keeping partial tulsc and gar
bed record Of the proceedings OF the two louses-uness
this duty to record The truth, be lu!icd without re-
cordng the whole trutl-or, unless the injunction to
keep the journal, be understood as not commanding
US TO yrescrre it; it is impossible, should think, to
nainlun, that the record OF any resolution or proceeding
OF the Senate can be erpugcd from its Journal IN the IL
teal scnsc and true accepatlon OF that word that IS,
wholly bottcd ou erased. Indeed, 1t would be dill
cult to cxpunge any part of the JOURNAL without I'M
pairing the record OF something else, which all would
wish 10 preserve truly and fairly recorded.
! The General Assembly ITSELF sensible (as | humbly
venture to supposc) that the resolution OF the Senate III
question: cannot be actually expunged from the Journal
without violation Of the Constitution proposes, that 1t
shall be cxpunged "by causing black lines to be drawn
around the SAID resolution it stands on the original
manuscript journal, and these words plainly written
the face OF the said resolution and entry-'E1,
plunged by order of the Senate. In other words, II
mistake the meaning and principle OF the Instruc'
tions the General Assembly, admitting that the resou-
ton Of the Senate cannot consistently with the Const-
tuition, be expungcd from the journal LITERALLY, yet
thinks, that 1t may be cxpunged FIGuEATiTELF' pray
the General Assembly to consider the danger and the
mischief that flow from precedent OF this kind
which would in effect, elude positive injunction Of the
Constitution by metaphorcal of words, and what's
more, typical doing of deeds. doubt whether there
is single provision of the Constitution, which may
not be eludcd and set at nought by similar process
and must add, that this typical method of expunctlon IS
more abhorcnl from my feelings of constitutional duty
and propre,y, than the literal Undoubtedly, the pre-
crdcnt admits Of broader and CASTER and therefore
,,ltratp
seuLly consider too, the hardship of imposing upon
the consccnces Of men acting under the SANCTION OF an
official oath, the duty Of conforming their official con-
duct with the rhetoric Of their constituents In Inc
L. La .IaIi., nlIIIIS