Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-03-08


This amendment proposed 10 arm the States vii,
physical remedy, Cor which The moral sense Of III. no,
ple il inadequate, when balanced against tie snb5or
will the selfconceit, ambitious motives Of dsoo d.rn
Senators.
An unhappy occurrence OF dsobedience. after ,,
massage of this resolution drew from the Legislature in
1872 thorough investigation and Elaborate rep5,,
and resolutions lire subject OF tbs light l. stated
in The rcnort ;ha, The Assembly "wil descend ia
inHicl persunal injury insult on any Individual II !,
Withheld al once by its justice, lis henigny and il
pride from induging in ITSELF or exciting IN others The
spirit of persecution revenge least OF all, can ever
be so devoid Of self respect as 10 enler no an ae!ca
tion with IT'S owns SERVANTS. But, under present cir,
cumstances when ght Of vital importance, the pos.
tro,ion of which might ultimately fleet the existence Of
the State Governments, the balance OF The Constitution
and the integrity of the Unon is openly questioned and
denied if this Assembly to pass the subject overia
silence il might perhaps properly be inferred tia, j,
rereaed from its claim of right, in humble submission
or abandoned il idle, or yielded as an unjust,
nretspson i'm this report the doctrines Of distraction
ps recognzed in the British House of Commons fer 2r
wears past forcbly brought 10 bear upon the insl
lions Of orr country, from which, in truth, de-
rive, and apply them 10 our own CONDITION at The
custom of Parliament, says Coke when any ne dcYics
is moved for on the King BEHALF tor his aid ana The Ike
that the Commons may answer, they eH1; not s't:io
IT, without conference with their c'uaites How much
more obedient ought Senators, representing sovereign
States TO be- Blu, even Edmund Burke, who took upon
himself 10 disobey the will of his constituents upon tie
ground that their instructions were bat The caor o.
flash of The day, and NOT their opinions, stated that he
could bear show himself "a Representative, whose
face did reflect The face OF hs constituencies face
that did no, Joy in their joys aud SORROW in their soy
rows.
IT is held in the report "lbat the right of the consu.
ent 10 instruct The Representative firmly established in
England the broad basis of the nature Of representa-
ton" AS late as The 2DlIs February 1885, the kegisIa.
ture of Virginia, Resolred aiso That this Assembly
gard The RICH. Of instruction resting the broad
basis Of the nature OF representation and one of the 81
tai principles Of our free Institutions; and that ii is the
duty Of the Representative TO obey the instructions of
his constituents, or resign the trust with which tEey
have clothed him, IN order that 1t may be transferred
into the hands OF those aho will carry lato execution The
rrshes and instructions of the roay.itmp 6ody But
late the 23d OF March 1857 the Legislature re.afra
CO this resouon-and preamble thereto, declared,
that "rhe Right Of Instruction. therefore, is inheren,'n
the free citizen, and lnaenabe as the right 10 think
or speaks the essential property Of the representa-
tive princp!e-prior TO- and p.csnppoaed IN the Cons
tuition ITSELF and exists in all The legislative functions
oC Government" The Representative cannot inquire
"wheher this sat party OF hls constituents cutnrm
beIng the other, have best established their claim TO his
obedience lie IGrs not e05! a! the la0dc Again,
1.-THE will of his constituents IS imperative, and onght
not and cannot be resisted" Such are the Of
faith maintained hy the Republicans OF Virginia, and
without sc, adherence 80 which, the independence Of
the States cannot be preserved IN It's original power and
simplicity.
II can hardly be maintained upon the 1" broad basis
Of the nature OF representation, thu! The Representa-.
tuens in default Of peculiar set phrases OF CON-
mand 10 do that will. il is noble in the mind
more pure in moTasnorc generous in conduct, tor Ike
Representative 10 feel that 'tiIe will of his constituents
is Imperative and ought not and cannot be resisted. -
This and this only distinguishes between the sense OF
duty in the Peer who represents his noble SELL and The
Statesman, who represents free and gallant people
The latter knowing his constituents will, dare require
no other command in conscience, in honor in duty
10 prepare himself 10 perform it, Otherwise what safe
ty exist in our Governments: When and where
may not our liberties be assaIled and swept away: Oi
all Representatives., that one is least to be
trusted and is dangerous who, knowing his princ
pals will refuses 10 do it, without particular and man.
da,ory instruction in every case. IL he assume Inc rsht
require it in case, he MAY in all; which would at
enable Representative 10 Substitute his own VIII
and his own interests for those Of his constituents IN the
absence of positive command TO command his ooed'-
ence the constituent body must recline over him, lash IN
hand, every moment Of time. Bat suppose the Senator
imagine himself above the Commonwealth which ele-
waited him place. and tina, his wisdom and virtue
greater than those of whole People he but ogets him
self; and what is he,
"- but fowl cou,rnding rebel,
Aud sraccess traitor to- his State: .
will now give some Of The prominent ideas on this
subject advanced by MIR. Mcdowell OF Rockbridge, on
the 18th of January 1895 in the Virginia House Of De-
Iegalcs. He has exponnded with all ability which lew
have equaed and with fidelity which none have sur
passed, the true doctrine Of Virginia. on the great prln
cple Of Instruction. pray you, then, 10 read with The
consideration which it deserves, the following EXPOSE
ton:
"But there is no earthly analogy between the Of
civil right depending for ITS prosecution and remedy,
upon prescribed and limited rule Of adjudication and
thus depending upon the double ground OF law and con-
sent and the Of the political one wch we are now
discussing; sht, 10 which no RESTRICTION Of ume nor
of snbec nor Of manner TO which no circumstanal or
collateral qualification, is attached The exercise OF 1t
is perfectly independent Of every species of positive con-
d,on-none is imposed upon il by stipulation OF law,
and can be imposed, against others oy stlPua
ton Of persons parties for themselves. Unlike sta.
tuloy civil rigA whose process OF recovery fxeo
this is bound by process, is confined within no de-
sgnated limit; is restrained by established form OF
action whalsoe ve but rests where alone ought TO rest
upon the free, though sound discretion OF
those who hold and who enjoy It, Derived from 20 law,
it be regulated by none belong ing to 30 class OF
private rights it share Of the restraints with
which these surrounded is above legislation end
beyond it, 1t exists with the Constitution, and nheres
in The popular and representative principle, which The
Constitution itself meant 10 organize and embody
Founded ayowedy and actually founded az this Govern
Isl upon The public will there is nothing which can
hinder that will from operating as il s.eih for lis con.
suted ends, and upon its appointed agents
Again-"lf ii be objected 10 any man who has c1er-
cised this right, that the mode selected by him is unfit
and inadmssble, it is enough ioE him to answer, II he
TO persist that it is his choice. The objection can
avail farther. The Judgment Of every man in such
CASE The of his right the SIC rolo is with bum
and not with another for him." And further, the Re-
preventative cannot lift the veil which conceals The act
from The morcs-the instruction from the which
drew forth, which support IT. he cannot scruiiblLe
the arguments, the Persuasiyss nor sit in judgment
upon the views the objects, the intelligence OF his
constituents His business is not with the justice, nor
with The truth Of their opnionwhe,her it be funded
upon full materials upon fever materials than he
might consider requisite be of more weight
Of less weight estimated b. his knowledge or his
undcrstanding-bnt his business is Of fact e1cu-
sively, and 10 limited 10 the single enquiry Of aehat that
opinion is When this enquiry nnsaeered, his inrcstga-
ton is al end and has office, if nssd Alright, becomes
the channel through cheh this ssecrlaincd opinion IS 10 be
yed"-"Make him (he Representative the judge
ofyOur will and what security you for the business
and the fairness of his:" Furlher-"Only authorize
him, upon any prelence whatever, 10 bring will TO
his Gnr there examine into the grounds of it, and to