Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1837-01-14
VIRGINIA LEGiSLATURE.
REPORT

The Select Committee, to whom referred the let
ter of B. W. Leigh Esq., resignng his seat as Senator
in Congress Of the United States have had the same
under considerations and adopted The following preamble
and resolutions thereon:
Believing that the Right of Instruction has been en-
dangered by the practice OF men in high Stations and by
doctrines recently pr0mu galed-and believing That
frequent recurrence first principles both sau'ary TO
the representative and the constituent the General AS
sembly Of Virginia feel it their daty to re-ahrni, IN so,
Tenn FORM those fundamental truths which they regard
as essential the existence and pepetuy OF our free
institutions
The legitimate end of government is to to all
men their inaenabe right TO life, liberty and the par
suit of happiness. The sovereign power TO ordan con.
stitution of for these purposes resides IN the
people Their will must be law unto themselves, and
the only law by which t'ey can he controlled. The
best mode OF giving expression To that wis ootn IN he
formation and administration Of government is through
agents chosen in their primary assemblies A conven-
tion or assembly Of Representatives thus chosen, con-
stitutes the moral helng of State, and The organ
through which she exercises the important functions OF
sovereignty. The delegate, whether IN convention 10
embody modify the organic law, whether in legs.
lative assembly acting under that law Is bound, from
the nature of his trust TO conform entirely and exactly
with the wishes Of those by whom lie has been dele
gated No possible arise of cons,l,utionay OF
expediency, to justify resistance Under ordinary CIR
honest regard To The suggestions "f ms
own understanding will be esteemed d coupliance-h
being presumed that he chosen from the coincidence
of opinion between himself and his constituents and IN
consequence of his reputation for capacity honesty and
fidelity But when his constituents, in their sovereign
pleasure resort construction, their will becomes pera
tive-or their right TO instruct arises from their right 10
choose agent and their right 10 chose another I" do
for them what they mil ht do of themselves, belongs to
their nature moral beings and free agents lhr Eh
of instruction therefore, inherent i'll le free citizen
and inaenabe the right to think or 10 spcak-ls The
essential property OF the representative prnciple-por
to and pesupposed in The Constitution Itself, and CO.
exists in all the Legislative functions of government II
is right on which no restriction c time, subject
manner can be imposed-,o which no circnmsamtlal or
collateral qualification can be attached. The Rcprrsen
tative has inquiry only to makehc has but |" deter
mine the fact whether he has teen instructed or mol
whether this that party Of his constituents outnu
beng the other have best es,abl their eun to his
obedience. Tic dare not carA at Tie mode he form OF
exercising the right may he changed, or varied at The
pleasure of those who possess it, aud can be subjected
TO modification abridgenent save that which their
own discretion shall impose The manner, whatever 1t
may be- is but the choice Of these who have the right
20 choose. He cannot enquire into tl.ir ,tves, or
criticse the arguments the premises upon which the
instruction has been founded lie cannot sit in judg-
ment upon the views the intelligence of his conslu.
ents His business is not With the justice with The
truth of their opinion-nor is his province deter
mine whether il be of less wsg when estima
ted by his knowledge understanding. Under what.
ever circumstances it may come he is bound 10 regard
their mandate as the result Of dispassonae
constitutional and wise, and char implicit obed-
ence. Resistance would not only be breach of fath
but rebellion to the supreme authority Of his county
The voice OF the people IS the voice OF Guu, ana must
and will prevail.
But while The representative is under these command
ing obligations obey, he has rights sacred and
inaenabe they have who impose on him the duty Of
obedience Endowed with reason, conscience and free
will, he has the perfect right 10 determine for himself
whether in any given case it be his duty to execute The
mandate. Should he not be ale etrace his previous
course with honor-shouId the decd required, in his
Judgment be unconstitutional and unwise-shnud 1t in.
volve on his part act Of moral turpude he has the
right to yield his commission and give place to who
can execute the will of his constituents without crime.
The will Of his constituents is Imperative and ought not,
and be resistedbut they have power toorce
him to execute it, he may exercise his privilege at ali
time and retire from station which he longer
OCCUPY without dishouor himself resistance the
supreme power of his country.
These principles apply to the representative character
wherever found The Delegate and the Senator in the
Legislature Of the Statehe Representative and the Sc.
nator in the Congress Of the United States bound
10 obey in the most implicit manner, the will of those
b. whom they have been deegalcd-in whatever form,
lime or circumstances that will may be expressed. But
The Senator of the United States, from the peculiar ma
ture Of his Office bound TO the people in their
reign capacity as State In the language of those who
aided in the formation Of the Constitutlon-"1he Sena
tors represent the sovereignty the Sates The other
house individuals are represented '-:they are in the
quality of ambassadors Of the Statcs'they constitute
the chief federal feature Of the Constitution, and on them