Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1837-03-16


tennessee, Rail road, the sum of g 200 600
whenever $500 DOC shall have been suhscrib.
ed oy individuals, bodies polite or corporate
ana a further sum equal TO two fifths of the
remaining capital, whenever the remaining
three-ht'hs shall have been subscribed hv in,
dividuals, bodies polite or corporate.
Ans resolution was negativeL-ayes IL.
noes IS.
on motion OF Mr.. Moffett, CATER some de-
pate between Messrs. Murdaugh, Wooltolk,
kives, Stuart and Mofiett, } the following
resolution was adopted
ResotUea, That the Committee of Roads
&c, be instructed TO inquire into the expe-
diancy I. causing the pass in the Blue Ridge
ct Mountains, known by the name of Sim.
mons, Gap, to be surveyed by some comue
tent Engineer, extending tho survey West.
ward towards HarrSonhurS. and Eastward
towards Gordonsville, 50 as To effect the most
J"dicious intersection of the line lately sur
veyed from Gordonsville TO Harrisonburr
ana nave The report thereof, with an estimate
o' The cost Of constructing Rail Road, laid
before the next General Assembly.
MR.. LEIGH'S LETTER OF REsIGs
NATION.
On motion OF Mr.. Wilson Of B.. the pre
anble ard resolutions on this subject wers
taken up.
Mr.. Sesar addressed the House for abou,
an hour giving his theory OF the right of iu>
struction.
MIR. Moore replied TO some of Mr.. Sc.
CARS arguments.
SEAT OF JUSTICE IN FAYETrE
The cngrossed bill To authorize the peonIs
oil F,aye'ie 10 fix the site for the sea, of ms.
ice by majority of their votes, was taken
up and passed.
JUDGE OF THE UENRJCO AND
RICHMOND CIRCUIT.
The joint order OF the day for the election
OF Judge Tor the circuit composed of the
county oil Henrco and CITY of Richmond
was taken up, and on motion of Mr.. Crutch
field The House proceeded 10 execute the on.
order. ''"'
Messrs Bolts, Stanarl and May supported
The nomination of James Lyons, and Messrs
Harrison and Vaughan that of p. N. Nicho
las 'N"o
The Senate was then informed that the
icuse was ready TO make The election, and
tha Clerk Called The roll, the vote standing
as follows:
For Philip n, Nicholas 90, for james Ly.
CTS 43.
Joint vote with the Sena!e-f,r p y
Nicholas 81, for James Lyons 53, scattering
So Philip Norborne Nicholas was duly e.
lecied.
WEDNESDAY,, MarchS.
MIX. LEiGH'S LETTER OF RESIG.
NATION.
The order of the day, the Bank Bill be,ns
then announced, on motion OF Mr.. Garland
IL was lana on the table; and the preamble
ana resolutions on Mr.. Leigh's letter were
taken up-ihe question being on MIR. Bous'
amendment 10 Mr.. Siusr,'s amendment. Mr.
Is. withdrew II, in order 10 its modification.
and presented il in The following form:
hsSoioed, That ;he Right OF Instruct ion
ne!,'es exclusively 10 tho people but The
instructions OF Stale Legislature 20 Soma
'o1 IN Congress, (having the force of recon-
Inehaa'ion only j Can with propriety be giv>
en-, whenever The magnitude of The occasion
may require il; and are at all times entitled
10 high consideration aud respect, as bearing
s,rong Presumptive evidence Of the will OF
The people, and IN The absence OF all u,her les.
tiihohy Should be regarded as conclusive
out sHch Recommendation does not carry
with 1t an obligation ON a Senator TO obey or
resign.
Alter some brief remarks from Messrs
Bolts, Stuart and Wilcher, the vote bein~
theen, Mr.. Bolts amendment was rejected
by The following vote: Ayes G, noes 93.
he question then occurred on Mr.. Stu
Messrs. Stuart. and Tunstall supported,
ana Mr. Segar opposed the motion.
MI Hunter said he should vote against the
resolution, on the ground, hat although the
senator was The representative of The State.
he did not see how they could separate the
Legislature from the State. any i,.ar. l!..
the voice could be separated from the man.
The vote being taken the amendment was
rejected as follows: Ayes l6, noes 80.
The question being then on the preamble
Mr.. Garland moved the previous question.
winch was sustained, and the ayes and noes
beIng called for by MIR. Tunstall on The a.
doption OF The preamble, the vote was taken
and decided in The affirmative as fellows.
Ayes 70, noes 80.
MIR. Bay ly Of A, then offered the follow.
ing:
ResolUed by the General Assemby. That
The Representative Cannot riehtfulIy RESIGN
when The effect thereof would be 10 defea,
the instructions Of bis constituents. either Al.
rectiy or indirectly.
After considerable discussion. Mr. Bolts
moved the indefinite postponement of the res
oiu'ioH' ana The vote being put by ayes and
noes OH that motion, il was decided in the af
frmative, as follows: Ayes 90, noes 20.
Mr.. Luckett submitted the following res.
olution:
Resolred by the General Hssembly That
the right 10 instruct United States SEN
ator does not belong exclusively to The State
Legislature, and that such instructions are
only PTtmd facie evidence of the will of The
people, which, in the absence OF other test;.
Inony ought TO be conclusive. But vhene.
yer there IS direct expression of opinion nv