Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-01-19
Eventy-fiath Congrcss---sd &cs>.
Monday, January ID, le3o.
IN SENATE.

President
cretary Of the Treasury transmitting sta'eafn' OF 'ne
Register of the Treasury, showing the payments nn'e
during the year 1898 not otherwise pfcridd ior when
was laid upon the table and ordered 10 be printed -,
Also, communication from the SrcreiSry of war
transmitting a statement Of the names and Compensation
of thr clerks employed in that Department during Inc
year 1885, which laid The table and ordered TO be
printed.
Also a communication from the Secretary Of War,
transmitting repar from the Chei Engineer respect
ing works O! Improvement in hnbors; which was LAID
up n the table. and ordered 10 be printed.
Also. communication frnm the Secretary OF Tie Ma
W. Transmitting the names and c"apensatons ct The
clerks employed in that Department during the year
1885, which laid upon The table, and ordered 10 be
printed
Also. communication from the Commissioner of the
Patent Office; which referred 10 the Committee On
Patents and the Patent Office.
RESOLUTIONS OF TIE iEGIsLATuRE OF NORTH
Mr. Brown said he 10 present tn The SENATE cCl-
tain rcsolu,iuus hch had heen adopted by the Genera!
Assembly of the State Of Nah Carolina, at their late
session. expressive Of their views and opinions IN regard
10 snuc The important measures and questions oi pup
lie policy which hn beef and are, pending before
the country. However uncnurteUus some OF the IAN
ruage in reference 10 late act OF THIS body, which
il had performed in The exercise Of It's high constitutional
powers and profoundly ns he regretted that expressions
derGgGn from the respect due 10 this body we're en-
bracrd in III" resolutions, yet he could not hesitate IN
obedience pror'r Of respect 10 The Legislature
o. his State. 10 offer them. in compliance with The re
Guest contained in one Of The resolutions.
1, ghs alike due himself Ia his constituents, and 10
the inheritance Of the occasion itself very
plcIy the he took or the resolutions, and the
c1ulse hch high considerations Of public duty required
that he should pursue IN gard TO them lie ieit the
the deep responsibility under which he acted and had
given thu subject that anxiuus deIieraton which MS
public Importance" and the greet questions Of public in
leresl involved in ii demanded.
In regard mos; o.! the resolutions, i! would readily
be pei ived that the opinions expressed in The direct
IL ~
sued the measures of public policy to which they re
fer. and that principle is asserted IN one OF then in
regard /" question Of constitutional power entirely at
vaTianc" with hs vote on the resolutions ordering The
expunction ri tho cunGrmnaCry resolution passed
against President Jackson, for removing the public de-
pnsites iion The late Bank o! the U s. In relation 10
exlravagant expenditure and Executive patronage, re
eITPd IL by two others OF the resolutions his votes would
most abundar!lv Prove thai his whole had been,
since unoTrd with sea, in that body, 10 diminish both
as far as it was practicable for him 10 do 80.
Having very briefly adveried to the political charac-
Ter of The res"lGiins the next inquiry which presc MIS-
itself fr consideration u.s. whether they 10 he viewed
By my hGrcah!e cG!!ragre aud myself as instructions,
,Lr IMPRESSIONS Of The opinions Of the Lrgs-
latu!e leaving discretionary power in cIsng
our judgments on The subjects TO which they relate
Tia! they not n be considered INSTITUTIONS. tie
PROOFS tu his mind, were clear and irresistible They
do not. rr face profess TO instruct bot on The con
trarv. that word. or any other OF mandatory import, IS
omitted with the most guGrdCd cautinn omitted no
doubt. by accident but by des gn What could have
been the intention for omiltingit: The motive clearly
not 10 commit The party passing these resolutions
to the doctrine Of instructions Whenever, said Mr..
Brown the General Assembly OF North Carolina has
thought proper former occasions, 10 resort TO the
great Republican principle Of instruction. 1t has
spoken out in bold. frank, and unfqnvocal Ian
gage. II has, by directly ns!uci:ng the Senators
REPRESENTING The state taken the responsibility Itself
uf The Yo,r which comma rded them 10 give. posi-
tive command by instructions, from The Legislature OF
State 10 lis Senators 10 give particular vote, places
the under III" control Of the Legislature and is, in
efit CT. The vote OF The power commanding IT, thereby
taking from tic Senator all discretion, and consequently,
relieving him from all possibility the people Of the
State The L. sslaufs. therefore, does not lake on 1t
self the sponsb!Ity Of the Senate" vote unless in
him On tie contrary, If II declines 10 instruct
him. il declines taking the responsibility OF his vote and
therefore has right expect him 10 express their OPT
Mons when they refuse To take themselves Inc conse
querces o his I" The people Of the State TIE Lcgs
laue Of y e. has long since established the principle
that they had the right to inStrHurd so essential has
the employment of that word been considered TO the
efficacy of esniutions of instruction. that the Repnbli
cans of that State have invariably employed on ell
great occasions when they INTENDED 10 command The
votes nf their Senators.
Mr. B. said in referring the journals Of the Senate:
he perceived That the late venerable MIR. Macon then
member Of this body. had presented resolutions passed
by the Legislature of North Carolina at their session Of
1916 HSacling their Senators o.endeavor to procure
certain amendments to the Constitution in relation 10
the mode Of clCcling President and Vice President Of
tie United States The Legislature which adopted
them resolved. in Of the resolutions, " that our
Senators ia the Congress Of the United States be in
sfyuctcG and Representatives be rcqHcsfcd TO endca
vnr Ia o5iein the said amendment 10 the Constitution Of
the United States Al the succeeding session OF the
Legislature nf North Carolina the same resolutions were
again adopted and again asserted IN the same language
the rirht O. Instruction. That the General Assembly
then con- idetcd mandatory language S5iia &c i:
strucons is mostly srkngly Obvious, from The marked
distinction between the terms employed by them in the
resolutions the Senators aud the Representatives IL,
ConurCss The former expressly !iHStruriCd, the
latter ATE ::@!y rfgucsitd" 10 perform It u.s. there
fore petcy cirar, ..oa lie use n the latte: term IN
the Representatives in Congress, over whose votes the
Legislature never pro'cssed 10 have any CONTROL that Il
mere e preston Of opiniun unaccumponed by nSTuc-
tons never viewed by them obligatory on those
TO whom they were addressed. This great right bad
been repeatedly since asserted, and exercised IN the
same language Of command 10 their Senators, by
cessive Legislatures of North Carolina from the period
lust referred down to It's session OF lS:'1 whPn they
re-asserted and exercised in positive and unrqaivocal
language the right OF instruction. on The question OF
expunging from the journals OF The Senate OF the U.
the resolutions condemnaiory of President Jackson -
The long continued practice. therefore, OF the Legsn'
turc Of that State in egaid 10 Instructions shows very
conclusyeIy that whenever they have intended TO lake
all discretion from their Senators in regard TO any pa
cuar vote that they nave expressly ana IN pam uh-
guase, instructed
Mr. B said, he held, when resolutions directly in
sructing had passed Legislative body, that ii not
competent go beyond the instructions themselves TO
ascertain the meaning of The Legislatures but when in
sructions gwen the face Of the resolutions,
that it competent TO look beyond them 10 arrive nj
The intentions of those passing them lie adrerled 10
an amendment offered in both branches OF the Legisla
ture when resolutions before them, proposing
10 insert the word INSTRUCT" and which rejected
by the Of The friends of the resoulions
i'm both instances This act, his opinion decisive
Of the question: and proved that those WHO passed them
did no, intend to commit themselves, by their acs, TO
the doctrine OF instruction.
The resolutions did not merely omit 10 instruct, but
they combined, their face, expressions which cons
,nad direct attack that fundamental principle
of the Republican creed. They declare That act of the
Senate Of The u. S, expnnging from its journals the
condemnaory resolution aguns President Jackson 10
have been act party seruity cneuafedto degrads
The Senate.