Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-10

on in the Report One would think from The elaborate
of these words, that the Senator has
any thing else 10 do than TO be the organ of his WILL
watch the Legislature, to checkstc aud thwar
their lis doctrine is, that instead of
the Senator being "strraat he is erected into par
tghc party and the Legislature is another party
=" Both parties must in the nature of things Judge for
themselves; and the only difference, between thcm is
that the party resisting power, resists II at his peril
which alone suces, general, to determine him against
resistance, except in extreme cases.
There is another phenomenon presented by the Letter
IL backs the conumacy OF its author by of the self
Arguments which urged against his Report of
1912. by MIR. Mercer, the Federal ahor of the satst;
fate, which was presented in its place MIR. Leigh now
dwels upon the Importance of the six years tenure Of
Office MIR. Mercer did the in his Substitute. MIR.
L. insists upon the gravity and dignity aud, he
tends the consequent independence of the Legislature
where the instructions in his opinion contrary To the
Constitution. Mr. Mercer drawsa similar picture
Mr. Leigh says further.-fe insists upon a tderative
Senate being the balance of the systenia check the
popular branch of the Legislature and the Executive;
nay hints the People thcinse until they have had
time mature their Judgment. lie contends pai'i u.
arly, that the more tenure for six years
intended to check the greater OF single Execu
hve-and he seems to follow the spirit of the heresy of
Mangum and his rebellious compcers, in this that
these frequent Instructions if they were permitted
to free the resignation of Senator, would reduce
his term Of Office make him dependent OF the plea
Of the State Legislature and almost annilate
the Senatorial check ON the President. lie argues
that the President might ADDRESS himself TO the Stlte
Legislatures, to overcome bold and Independent
Senate, and thus overcome the check of Senatorial OPP
position. This supposition pays but poor compliment
u the wisdom virtue OF the State Legslatures--
THIS would rarely il ever, But let
? take two ether suggestions. Suppose in the LIST
place, factions Senate, majority of which $
made up of four or five ambitious candidates for tho
Presidency, and their ductle notwithstanding up
Tor itself sort of third Estate in the government
debating TO the President well TO the H. of r.
sacrificing its public duties its factious dcsigns-and
lending itself TO the support of the alarming
MED arstocacy which overshadowed the Liberties
of the land. How then would the stand? Would
Mr. L. still insist upon it, that their Senators ought be
independent OF their Legislatures-defy their nsruc-
tons, upon grounds they may be pleased 10 trump
up-refuse TO obey resign their seas'Or let sup
pose another case-Suppose weak n corrupt Senate
to club with aspiring President and instead of check
ing his abuses combine with him in his usurpations;
and sacrifice their consciences for reward. Would
Mr. Leigh place these above all official responsible
lty to their respective Legislatures? Would he tell
them to consult their will, to hold to their Office
and neither obey resign? MIR. Leigh has hunt
ed up very forced and improbable case He has
only TO the medal; and he will find many other
cases. which would enforce the necessity of efficient
responsibility of Senator to his State.
Mr. Leigh's supposed case is not very probable, and
will rarely, if ever, occur. The second have
supposed has passed The virtue of the States
has just corrected it, The third most rous
of all And what would be the situation of the
country, IT, with President for four years. and Sena.
tors elected for combination of their should
be formed to crafty the ambition of the President
the avarice of the Senators? Is there p
There is, in the power of the People checking their
State Legisla 'nres-andthe power of the Legislatures
checking their Senators by the Right OF Instruction
But II that vita principle of our free Institutions is
to be paralysed by Alr Leghs modern doctrines may
then tremble for the Constitution and our country.
Mr. Tyler declines tie Dinner which has been tender.
cd to him by the Wings of fredericksburg Do they in
tend TO offer MIR, Leigh also Dinner? 1t is said that
arrangements were making here, for triumphant pro-
cession, great dinner, &c, &c The Wings were TO
have had great bio,o Hpbut unfortunately Mr. Leigh
has uo,cn them all up.
The Wings have lately canird a u great rate out
Virgina's being faiicn-Vgin:a dsgraced- Virginias
being put the feet of the Executive by the of
the ExPungng Resolutions But look at the other side
OF the question She would indeed be Acknowledgment
forever, II she were TO permit of the va principles
OF her free Institutions 10 be conemned-and herself
tramped in the DUST by of her own "servants-(so
Mr. Leigh in his Report of 1912 calls the u S. Sc
majors She might indeed hide hcrsefin sackclo;h and
ashes if becomes the slave Other own servants She
would indeed be faen--disgraced-f she permits b
W. Leigh, with iInpunity, TO treat her Mangum has
treated N. Carolina, and Souihard, N. Jersey. hen
we heard of the abuses which practsed by other
Senator'S asonishcd well as indignant But
the case as noio The insult is brought
own doors. Shall zoe acquesce Shall we who have
held sacred the Right of instructng Senator at all
times, and under all circumstances, without stint
qualification suffer those very Senators beard
IN their seats Shall we, who boosted favng kept alive
the flame of Liberty permit it to be extngushed
by our own servants Forbid it, Patriotism -Freemen
of Virginia Arise and vndicate yourselvesor never
talk more about your right of Instruction.
The Predecessor and the Cotempo,aru
MIR. Leigh stands in most awkward predicament.-
lie the author of the Re port of 1Sl2-thc Champion
of the Right of Instruction Now how does he stand
along side of him, whose he fills and of him who
has just set by his ide?-Of both Hives and Tyler
Both have resigned their seats Mr. Leigh alone holds
What says U Rces in his letter of resignation of the
22d Feb, 1S3I"Under deep of the obligation OF
the representative TO conform the wishes and opinions
OF his constituents otherwise TO surrender the
committed 20 him, (Which is justly regarded unda-
mental principle of instItutons,) have anxiousy
sought the line Of duty which the occasion made il in
cunlbent me TO pursue
4gain.-"The only course, then, left to me, recog.
nizing as do the fundamental obligations growing out
OF the relation OF representative and constituent, and
which constitute the vital principle of the Republican
system, IS, by resignng the trust with which have
been heretofore onoedb the confidence of the General
Assembly, to enable them TO confer il another who
can better carry their and opinions effect
beg leave to repeat that hade been called vote
for specific IegiSofce act, however might have been
my misfortune to differ in opinion from the General AS
semby, TO the expediency of the act, should la We
felt 1T my duty TO give the vote required But under
the circumstances IN which placed the views Of tho
General Assembly b9 carried into effect only by my
oncurring in the declaration of opinions, which, as al
ready remarked not only do not entertain, but the OPP
positc OF which have earnestly asserted and main.
tanned, do not deceive myself trust supposnp that
there IS principle of obligation proprety on which
4 could be expected required to do involving
equal violence TO character and conscience ] have
thought IT, the contrary, consistent with the
wishes and intentions of the General Assembly as well
az with my own cbaracer tn resign into their hands
now respectfully do the office of Senator Of Vrgnia in
the Congress OF the United States which il has been and
would have continued to be- my highest pride to hold
long as could do with honor
ad 'eat says Mr. Tyler in his letter of resignation Of
FEB ~ 1866 lie does not assert 1t expcilly-but his
course proves his recognition He says to the Legis.
iature, You have admitted the truth Of this PROPOSE
ton IN the alternatives presented in your second
luton. Between those alternatives, | cannot hesitate
To choose He even says he would have relinq uished
his seat, If they had asked him.
1t.f,.f al