The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-01-15

Instructions 10 be considered as mandatory upon the
Senators from that State or only as recommended
lion leaving 10 the Senators the discretion 10 act
according TO their own judgment. He had come 10
the conclusion, afier mature consideration that they
were not 70 be considered as Instructions He had al
ways recognized the right Of instruction In lis fullest
extent. Was the omission of mandatory expres-
sions in the resolutions 10 be considered as accident
all He thought not. They appeared 10 have bsen
omitted by design He referred the history OF the
exercise of the right of instruction by the North
Carolina Legislature in order to show that they had
always drawn distinction between the recornmen-
dations and mandatory resolutions; on some occa-
sions, they had universally commanded their Sena-
tors 10 take a certain course.
There was also on the face Of those resolutions n
direct attack upon the right Of instruction They
spoke Of the expungng resolution as an act of SER
Witty TO the Executive but the expunging was done
by the private order of the majority Of the States OF
this Union and in obedience the power of ins,ruc
lion But further, he and his colleague, 10 remove
all doubt, applied tothe Legislature TO know whether
the resolutions were instructions or not The Ie-
gislaiure had evaded the question; and therefore,
he was led TO the conclusion that il was not their in
tenon 10 commit themselves to an instruction On
what principles then, could the General Assembly
suppose that their Senators would consider them as
inslructionsl He viewed The resolutions for all
these reasons as not binding upon the Senators from
North Carolina. What would the effect be IL we
10 obey these resolutions A great question of
civil liberty and popular right is involved in the
matter. If we surrendered our seats under any
thing less than mandatory instructions we should
depart from the principles of instructions II would
be placing sword in the hands OF our political adj
versaries, and enable them to drive US from our
seats and refuse afterwards TO recognize the right
of instruction. AT great crisis like this, It be-
comes public men not to fater nor TO halt If the
Legislature had instructed him he would bow to
their Instructions 10 great principle of instruc-
ons lie moved that the resolutions be read and laid
on the table
Mr.. STRANGE made some remarks on the sub
iect as the most respectful mode he could adopt of
min Isr
should pursue From his political opponents he was
aware that he had no favor to expect even uce,
and his political friends would differ in opin-
ion as 10 the duty required OF him.
Nothing could induce him to obey command
which would mpeach the party with which he had
acted and with which majority OF the Senate had
acted lie should be proud 10 the latest hour of his
existence, OF his participation in the deed condemned
by these resolutions. The deed was done at the
command Of the States Of this Union The State
OF North Carolina, through her General Assembly,
did instruct their Senators TO expunge from the Jour
nails certain resolution condemning an act Of the
President and that instruction remained now in full
force and unrepealed If he could consider the reso-
luton now before him as an instruction, he would
unhesitatingy resign his seat at the end of this
sion But, as they were not instructions, he did not
feel required cowardly TO abandon his post and
leave il to be filled by his political adversaries The
letter written by him and his colleague to the Legis-
ature, for an explanation of the meaning OF the
olutions, was written in good faith, whoever might
IL
at liberty to consider the resolution as mere ex-
preston of the opinion of individuals. But at the
next session of the Legislature Of North Carolina,
ii was his intention 10 give them an opportunity to
decide whether to be represented by federalis or
democrat.
Mr.. CLAY, of KY, said, as the Legislature of
North Carolina had no representative here, this
subject and he subscribed to each and all of their
resolutions he would say few words on the subject
In the first place, he sorry to hear the gentle
man, (Mr. STRANGE say that he expected injustice
from his political advasaries; and he also sorry
10 hear the other Senator say, that the resolutions
dsrespectful 10 this body they were couched
in contemptuous and dsrespectful language the
rules cf the Senate would prevent any Senator from
presenting them.
Mr. BROWN said he made distinction between
papers presented by individuals and by sovereign
States. ~. .....*... n.
Mr.. CLAY continued: A dsrespectful paper
could not be presented from any quarter; but, the
language ofthe resolutions was not of this character
They spoke indeed OF the expunging act as an act
of serviiy and had also been his opinion, which
he had often declared that it was an act derogatory
to the dignity and independence of this body. To
the doctrine Of instructions he gave qualified
SENT according TO the old sentiments of 1888 He
considered the duty of the representatives TO reflect
the well known and ascertaned will Of his consti-
tuents as a mirror There was no word in the En-
glish language that could convey the opinion
wishes OF the constituents but the word "instruc"
II is respectful to the party instructed to omit the
word. To his man Charles he never gave an inn
perative order. He told him. that he would be very
much obliged to him to do so and SO, and Charles
did it, with as much alacrity as he would, were he
to say, Charles, you hereby instructed to do
and SO, He was very sorry that the Senators from
North Carolina could not find it in their hearts to
yield obedience to the wishes of so large and impor
tune and respectable State as North Carolna-a
State that seldom spoke her sentiments in this solemn
form, and never, except upon very importune occa-
sions. H.. ...
MIR. CLAY adverted tothat part of the resolutions
expressed his pleasure that the State had made
known her wishes before the wild and mischievous
project, before the Senate, had passed.
Mr. STRANGE said he was not in the habit of
looking to the Senator from Kentucky of late for
advice. He must act on his own judgment in inter-
pretng the language Of the Legislature Of North Car
DINA. He did did stand in the same relation to the
people of North Carolina that the Senator's man
Charles did to him. He was not their slave. He said
the Assembly Of North Carolina had often made
difference between resolution OF request and re-
solution of instruction.
As to the public lands he had come to the conclu-
sion, the sentiment of North Caralina was against
The Graduation Bill, and he should oppose it. AT
the last session he voted for the BILL supposng it to
De acceptable to the people OF his State.
MIR. BROWN disputed the jurisdiction of the
Senator from Kentucky IN this case. Holding as
| mat gentleman did the doctrides of higher tone
IMAM me federal black cockade doctrines, and want
ing, as he often had the expression of popular WILL it
did not become him to lecture the Senators from North
Carolina on this subject. The States, it was we'll
known, had instructed their Senators 10 crpunge the
censure of the President and they did il openly and
boldly, and not by mean shutting prevarcation-
by fraud on the right Of instruction. The Senator
| had put the case of his man Charles. He would put
another. Suppose slave should three times ask
a favor from his MASTER would he think it FRO
per TO apply fourth time. The Senator,
rumor said, about to apply The fourth time to the
people for the Presidency. His constituents would
be exceedingly obliged for advice from gentleman
who had coaleSced with the aboitionsts and fas-
tened upon the South the Tariff system He He pro-