North Carolina Newspapers

win mm D4VID Ot'TJ.AW. Kduonu nAIaEIGH. N. 0. THUIISDAY, LIAHCH 17. 1C36 VOL XXVIL IIO 13. THOMAS J. LCM AY. "rHOPEIETOE AND rCBtl'HKK. ' f , L.' I I " ' I II II 'I 1 i 1 "" 1 I ' 1 "--'' ' TF.IOiS. - . - ' -artrrt.i, ihr dollars per snniim--oi hitfm atn. SnharilrlaAwr Stale aannnl b all.l toremaiaiarrarUnrer . ih.w one year, k p-rfi i rtMttrnt wiibnui ibis Si !. "ho may iliret becom siibiei ibera, ka .Iriatlr Man trail In iiav ihc ahnle . iWa- - wT1wltW;"r mee.liin fine line, inwrlril litre lime for on dollar, anil lwa !-. uiiil ! "wh .onimumwe. l.rrrtait tb Kdilw mnsl be ! M. ; LETTER PROM B. YV LEIGH, ESQ. THE CHXEllAL ASSEMBLY OF VA. To , hnmrnhlt Smfford II. Parker, Speaker of the Senate, and the hon orable Jnn Pankt, Spenlctr of tht ffimeof Dele gale, of I'irgima. Senate Chamber, n aiVnsrfn,Mar, , 1830. Gkkti-rhrx: I am honored with your letter of the 24th ultimo, enclos ing e a copy of the preamble ami re-i.dnrroft-oftl't n tjb subject of expuns'mg from the FiwMi4h-ajv44U U ni i ed States eWWvkib bd.aMl4 requesting me to lay the tame before the Senate. : 1 j ! adhere tn the doctrine of the right of instruction, as laid down in the re- ..aduliou.ofJLhAXJfmTaLAseujl)lj;.o.f February, I 81 2. takettio the-tdain and obvious snse, and in the full extent, in which it is there expressed; and I shall continue, not only to respect, but also to maintain it, to the utmost of . m v- aliiltt ... I deem jt, .indeed.nn important' prt of the great righto! State interposition, as explained and r?'fn-red in the memorable resolution which hav Illustrated the session of th General Assembly of 1799-18005 tnd. in m y opinion.; this right "of in - TMTwillbefoOT mine on all occasion that mav arise, pres-ntinx tjtiestinna eonrernmthe just boundaries of fwer be'wern the Federal and State Government. If. then.h General Assembly had in atrocted mett give a vo'e. - according tritsens- f pmprietrr n ' any" con s'i'utional question which I cmld enn ideras at all dnnMful, especially on a question on which the public mind had b 'en loner and deliberately excr-cis-d. on which men's jndnments had been, formed under the influence of no nirt- or temporary excit'Miwnt. but of dispassionate r-ason-and yet remained i divded and balancl I should, in such a cae, have fallowed the judtr I inent of tb'e G.-m rsl Assemblr. thoiinb if hail been contrary to toy own. For this would not be to yiofate my oath of office, but only to renounce all vain glorious pretentions to infallibility, and to pay a proper and conscientious deference to the wisdom of the Gener al. Assembly. If the General Arm bly had instructed me not to vote for a , parti, ular measure, on the ground that H held the measure unconstitutional. thin, a it could hardly be unconstitu tional to co.nply with aut h negative iiiitiuciion. I himu d have had no hesi tation in vVlding obfdi-nce to it, how ever clearlv the measure, so disap proved. might appear to my mind cttn ritut'roii 1 and wise; And as to ques tion of mere policy, involving no point of contitution;il riijht, 1 can hardly conceive a rase in which I I'muld fititl li(firulty,in conforming my vnte wiih instructions tjivn me by the - GwnTSirAemTityr" But f drttpt hotvr .mfeifbiu4wiio.MbeyjUiiLXxattnot o'tey,, any toatruction that commands uientious opinion, wnull be, in itself, a plain ' violation of tle constitution, ndem-ittonsequen a-daogeruua and rn'Mchievons in the ettreme. Whi'e I thus declare my adherence rthe doctrine -of the rtsht of instruc tion asserted br tjie G -neral Asen- :11. jipBfwhlch nelybivlBf Ht:;bejiist-and ':true?'t.' then1eimy humble aid to maintain, I be; it may be distinctly understood that if upon more rtature reflect1on,ll1ioujhf the principle wronjj, neither the pride of opinion, nor a sense of the a'lvantsres ..which. totthUft.jn?ft!tlLUrtLdftrJb!!0tB. maintaining their consistency, nor a feir of the reproachet which inconsis tency alwavt incurs, funless. Indeed, it he backed with power.) would with- noia me from renouncing; tt. The first of the resolutions you have , transmitted to me instructs the Sena j tor fron Virsinia, in the'Consrest of trie United State, "to introduce and vote for a resolution, directing the re solution of the Senate of the 28th of March. 4834. declaring 'that the Pre sident, in the late executive proceed- in relation to the public revenue, has assumed upon himself authority nd power not conferred by the eon s'ttution and laws, but in derogation of both,' to be expunged from the jour nal of the Senate of the United Stat-s, by causinjt black lins to be drawn a.-ound the said resolution, as it stands on the original manuscript journal, and these words plainly- written across the tare of the saul resolution and entry 'Expunnd by order of the Senate of the United S'ates." , , I have reconsidered the resolution or the Senate disapproved of bv the ur- A,cniD'y "ference, as well to its intrinsic propriety, aa to the oiFumuonai rompeteney of the Sen- k. .1., t -XT ;NVFV "f Mt reuesiea on ine question,, whether the resolution of lhe( senate. auDposine it wiong, can con- 4irtittwHyipnd - f journal 1 hare, in noms so, earn-iiT fnueavoreo to -uiscani irom iy me - mory- thexircumstancee belonging fcr the history both of the resolution ion- demned, "and of the rsjlution rteitiWaTorfTTh'deedTrrsc to CTnsiderthe-pnTwn Irmni the resolution of te Senate,' Uelore I thought it possible I could eer be per- finally concerned in the result; and, in every view I have been able to take of the subject, I find it absolutely im- posMble to obey the instruction now given to mc. I cannot obey it,' with- out roinmitunSE '.an act which, to my judamewt and fotiHcience, wwuld be a plant violation of the constitution t the United States. I cannot obey it, f the secon.l resolution of the Gene without descending to a degree of ra Assembly, which d.-clar.-s. thit lavisli baseness that would render me, the Asemblv retards the riirtit of jusvly lespwaWer and xpMW m to the-womnerrtif of mtfse VTio have com- manded the deed. I cannot obey it4; vvunoui: lonemni: my own Bi'it- The constitution of the United States Contains a provision surh as is to be found in few, if ant, of the State constitutions that "each House" fof Vongress "snail P"pi j"urnai nr rs iPil?'ecifingi;niin'd"rTOm"'Ti publish the same, excepting guclt party as may in their judgment require se crecy and the yeas and nnys of the members of either (louse on anv ques TinnrhiittariTfe iitesTre of one fifth of those present, be entered on the jour nal." The purpose of the provision i most obvious. It requ'r-s each Houe to recot'd . its transactions to record them all, trulyr ejtsctlv, - and fully to record them for the informa tion of jrres7hT a "nil niTure geflera; inns; t furnish evidence, to which he constituent may refer in the el imina'inn of- the condurt of the re presentative, or the representntive re ort for his justification and to hand down to our post'Tity, .. ; certain It'ouwledsre of all the acts .of their an ccstors, which mav olten serve as a guide to direct them, and sometimes a beacon to- warn. And unle the umvision can be complied with by keeping a partial, false and garbled record of the proceedings of the twn Houses unless this duty tn record the truth, can be fulfilled without record nz the wholf truth or unles the m- juncjion to -e the , jour-au can oe understood as not commanding us to preserve it; it is impossible, I should think., to maintain, that the record of any rexdu'ton or proceeding of the Senate can be expunnd from its journal, in the literal sense and true acceptation nt Hint word: that is, wholly blotted ontorerased. Indeed, it wo'ild De iiimcuit so to expunge any part of the journal, without im muring the record of something else, which all would i-h to preserve truly and fairly recorded. The General Assembly itself, sensi ble fas I humbly -venture to suppose' that the resolution of tie Senate in , qu'-srion, cannot be actually expunges from the journal without a violation nl the constitution, proposes, that it shall beexpunjred, byeansinor black lines to be drawn around the said resolution. as it stands on the original manuscript jou rnaJU.,n Liheifc JV4W4lapliflly-wnt en across th" t ice of the said resolu tion iind nri7,KxplttV!ect1)y order of the Senate. In other words, jfj mistake noT'the meaning and nrinciple of the instruction, the General Assem bly, admitting that the resolution ol this Senate-anoot, eonststently- with the constitution, be expunged from the journal literally, yet thinks that it may be expnnge'l nguratively. I pray the General Ass-mbl v to ,.LCfinsjderv tlie frrtm a pree'eeht of this kind-which would, in eff-ct, elude a positive in- jtinction of the.ronstitntin by : a; me taphorical use ol words, and , what is more, a typical doing of deeds. I doubt whether there is a single provis ind" the-cnnstitbtion7wTcFmay not be eludeil, and set at nought, "by a similar process; and I must add, that this typical method of expunction is more abhorrent frm my feelings of constitutional duty snd propriety, than the literal. Uncloutttediy, Ihe prere dent admits of a broader and easier, and therefore more mischievous, ap- Elication. I pray the General Assetn ly to cons'der, too, the hardship of imposing upon the ronscienres of men acting under the sanction of an official oath, the duty of conforming their of ficial conduct with the rhetoric of their constituents. In the framing of laws. and in legislative proceed ;ngs of all; sinus, it nasai ways seen lounii wise and necessary to 'discard all figures of speech, and to adopt Die plainest lan guage in its plainest literal accepta tion. If . I rightly Understand the meaning and purpose of the instruc tion jtiven me, the General Assembly would have me propose and vote for srJ expunction of the obnoxious resolution of the Senate from its journal, in such a manner, that it shall not he expung ed after all, in whole or' in part Now, in the first rlace, f doubt very much whether this could be .done. even in-thet method wesj-fibe.di and. ad, the next (lace i?x entertaining:; th opinions, I do on the. subject, I should vote for any such process of, expuor- guilty of mental rtuinrsiioa in me tiiscnarge tn . mv iniitiai uuit, i nummy npe lor me pardon of the Genera t Assembly" auf of all good men, if 1 cannot, at its .aVjDuired .9tmX,intiheri.tnKir4 du tatea i tviMin iml conscierce, whirh God has planted- in my. br ast, to be the ruler and monitor of all my actions. , " - l fin, mvself constralneil to say, xu I cannot obey the instruction for expunging the revolution of the Senate, ,n anv manner, literati v m- fionfatitP. . - 'fhia brings me to the consideration Inslru basis of the natsre of renres- ntation aiHloti,.Jjhe iuU n4ilidef url- d !y of the .representative to bey the ! instructions of his i onstVtuents,.r re- si"gn the trust with who h they havej,,,M" ...'..".- '" v " " clothed him, in onler that it may be' Hlve.!, t T'is the recent Set r the transferred to the handsjd" f lioseja h"2is?Sl i!!wkt!l4 hVe''" instructions of the constituent body." own r-po-;b.tit), from the U.ii-ed v tet Anl here, in considering the alter- native nr.. ruiseil to me. I cannot hut V,. I,. .... nr..r.r ...in'r. ..f . . . . , ' " ihe.actwlMclMhe-ioatrur4ton r. quires f me, anil to some remarkable cirrum- stanrcs in the history on thesubiert. Die i-eaiilntioo which lit.- Ueneral A,P,nl.tv ,,. In ..,,,nt. i. ..l ., ' ' t. i , . .' me expression oi an opinion neiti uy ine niHiiirity ot me senate tor m lime tie- ing, and the entry of it on the journal , -- only the record Of IheT fact thai such was the opinion of the body. It must b obvious to the mind of all men that the expunction of the resolution from the journal of the Senate ran nowise aflTci t ihe main quetions. whether ti e ojiinion -t4vrein4e:l ared - a - just or erroneous, and whether or no it was within the competency of the Senate to the Umird nar. or at lsi cau'n.j( ihcm determine on the subject of the resolu-r1 depotiie I therein for the hi ore, ac tion; nor ran the defacement .f the V!?JZ?Jri '.TTT ? of an histoiical fact, in whatever manner it maybe effected, annul or alter the fact itself, or. in the present case, impair, in the slightest degree,1 the memory of the transac tion. Some hundreds of copies of the journal con- tuiiinz - this resolution, have been printed; some depositedln the public te which the present Genrial Assem archives; and some delivered lo mem- 'y f'tidemns; and the resolutions' of bers of Congress f.r the time being, the former session nianif.-slly presup whiih have thus become private pro- poe. that it was within the competeu perty, and been tlisnersed throughout T of the Senate, as well as the House the Union: the resolution -vas publish- of Hepres.-ntiitives.-to ni t upon that ed, tM, in all the public journals of the proposition, then in fact pending in the dav: it stands recorded on the journals Senate. ' In consequence of th 'sereso- of all the State Legislatures that have thought proper 1o take the subject into g'"' resigned his scat; a resignation their consideration: the General As- certainly most unexpected to tne; e seinbly of Virginia has itself recorded qually unexpec ed, 1 believe, lo the it, in the very resolutions in which it General Assembly. " Neither have 1 directs the Senators of the State in ever believed that the resolutions it Congress, to vote for expunging it from hail adopted were designed to produce tlie manuscript journal of the Senate.atiy aurh Tesulr f-or any- ilirert purpose, therefore, which the expunction of it can serve, viewing the act apart from the inten- tion, notlH.ig can be more absolutely nuzatory. I'he resolution itself, the evidence of it, and the opinion it deSjtejoineJ.fcw. weeks after Ionk my rnwresrwm uu be naniieii down tonus- ,eI!iI-y. -fMWuLhLslury- Jiayvettby.scl.tiesentimi;ulIjnysellliadallaloiig the very record ot toe nroceedin2 to expunge. U It 4s vainto sayras ttir7rItavrrfTngl,("to referto the instrur UeuerJ A'semUlr has saul in the nie- amble to its resolutions, that the reso- lttiiojMifjtheSftnatr is san assuwptiMMl"ch-tW jtfMttt Geral-AsjmhjM vjn.r: of powsrnorwiif ranted b fo expungei and to vindicate tutioa, and calculated to subvert the and sustain myself by their authority: riehtsol ihe House of Renresentalivea." and.t e fundamental principles of our free ioslituiiouftitl Xw, if thia verrre should have levelled some ol its ceu- sure againt the House of Represents- fivesfor. fieg to. vindicate "the funda mental principles of our free institu- tl'nli.!lfd.rspeciaUy,its own-rights and privileges, against the . encroach ment of the Senate. I am not aware tiat thai House has made any com plaint: perhaps, it understood the sub- Meet too well, to do so. .It is the Exe cutive only that has protested against this proceeding of the Senate; snd the only conceivable purpose whielr:the pi onosed expunction oi it ran answer, will be to signalize the triumph of Ex ecutive power over a department of the Legislature that has had the firmness to oppose its measures to set a mark of disgrace and humiliation upon the senate, and to bind a wreath of inglo rious victory around the brow of the President ' And even for this purpose; no stroke of the pen was ever more vain, than that which shall mark those black lines around the resolution of the Senate, and write that sentence of ex punction on its face if, indeed, it be not calculated to work the direct con trarjrrfP-cttothat intended. The tie tory of the presidnet over the Senate may be as complete without it. And if, unhappily, the rruitt or that victory shall ripen into their lull maturity of bitterness in times to come, when the constitution of the Senate shall be subverted when the check it was or-daiaed-to hold upon the power -oftKr Executive. sod, C the popular .national branch of the Legislature, shall be re t!f.vHUfe''Jfcwr II i.-. i.... i I constitution shall be destroyed, and no- thinj but it empty forms remain; His- tory will pint thus black lines drawn - around tnis res iiution, ni tnse latal w.irds of roiidemnxtion written scr.ws ITSTSeTatrWrflw t'ut.ine meuitt to- iiursrlie of tlcruct'd - Uu3Pyranl-" wariii'n to onie-ha;nMeT : race of ininkiml. If, on the other , hand, the Senate shall, by the bieing of Pr ividence. continue to maintain its , ptace in the system, -still exercising the f Mictions for which it was de signed, enjoying freedoiitof delibera tion and independence of action; then will the manuscript vo'u ne of the jour nal. and indeed the tingle page, con t lining those metnoratile circular black lines. b the only volume, and the only page, that will ever he sought after, or read. The pro:essof. j-x panging the the mem try ol it im ii'rtl. ' It.. a4 aul le . .fiM; tew? 4ha4"-ver j .Senate the General -A sem!d y sf- w- K'" uP"n ,onS oiem.n oeuoera- iuk, m lnih lny hid brn o dev-d i h.- P 'ee.t by ha act .(U Mir. m chf lefn.K the ".ll. ' M jl.l(M..I . I l.tWI .-e'nhly, a ili(f Tim ol HUr iunjf m- iVTiinTt.HrTimrTlfT.t ..merrrircTT cannot beioo'roiiK.lvcnnd 'nnril. 3 Tiiv, wlile-i1.e ;eneil Aenhly w II err he 'eov W iia n me nrsmein in me esercse ?f '' ,"c'' poersas he co.,itui.on h.Con- n.leil lo him, they, iieenlieles, mnnut but rega.d wiih v,i;,relieusiun and ..4liirut-ike a -pm io 'onie.i.l his oWcul auitior.ir br ,ut 'a jsi ! oMper lon which he h r r m wt recrn. iiurner- ence wiia the Treawry l).-piinent ol'il.e Kt-deral Gu eriiiiicii, 'n the exeeie f a sooikI disereiioii whi h Cieiereis had eon. filled lo Ihe head if that D p.irtini-i.l alone. J I liai our rnat is in t;o. irrvi.s be mil' ue el, and ur It preeutaiies rtq'it-Mcd. to it e i heir bes' ei.deavnrs t.o pruenre ihss tlil'i'.n hy (JonrrM, ol p'oprr ineasorra I'ur rc'ring the pontic muortS tO.lhe lUi.k ol ilf he ,ime rieir ,c,ioi, iheaohjec , the said bank he, in ihrir pi...on, a afe dc ps nicy ot'Uie pntdifc-ri-asure." Thus, the General Assembly, at that session, expressly affirmed the Very proposition ( and in far stronger terms) contained in the resolution of the Sen- lutious, one of the S natori from Vir- elected to nil the vacancy. I hhall not say, that the resolutions which had re cently been adopted by the General As- sembly, constituted my motive for vot. '"S '',r the resolution passed by the K-m; ior.iiiirmn,inisresoiuiion rxpres- enterlainea and expressed liu surf- uons oi ne ueuerai ass-hum thhbud- M, requiring in -to vote for the resolution otherwise, no "Senator can ever safely obey any tnrttructtnn: he must incur danger of being driveti tii'thmttep' .hon tring hnuscil ny voting aiamst his conscience, or of resigning his place, i the vicissitudes ol party warfare, a subsequent Legislature shall think the instruction wroig. It is with the deepest conviction and heart felt pain, that I say. as I must say. that ,the proceedings if the General Assembly of Virginia on tlie present occasion, are calculated, above all things, to impair the right of instruc tion itself. !-"" ' ' Ijihould have a right, too.after hav ing bcti in coninriuiry win msiruc tious given by the General Assembly at one session, and seeing the same opinions prevail at a suceeding session, to appeal Irom the mandate of the pre sent Assembly, to the people, at the nest elections. And this Would seem the more reasonable, if it should be con sidered, thatjsome of the State Legis latures have, at their, sessions of 1834 -5, instructed their Senators to vote for expunging the resolution of the Senate in question; and, though their instructions have been disregarded, have, at their last sessions, declined to repeat and enforce them. But 1 choose to place myself, at once, upon differ ent ana nigger ground, snd to act uo to the principles, reasons, and motives which, in reality, , dictate the conduct t am going to pursue. It cannot escape observation, that. while the General Assembly instructs mt to eipunzt ihOfioJLujdanf - SenTeTwTiTchT voted for in conformi ty with the instructions or the Assem bly of 1833-M, the preterit AssemMy niwiypiqn iirerrwiiuiious ui loe r '. l r.r former Assembly. And thouzh fif 1 am rightly infoi ined, a proposiuon has bet'ti mide ta rfjrcut. the former n-solu- '.tons, even that pniKsitioti has not ye been rtel on. So that I am to under- itruetMg - ine - Hi - - d; 4n Tepeet twa former reXituTtMn'Tif','Wte " SejuaV, thaT which it will not do liself. in respect to resolutions passed at a fori sion of its own body. I must ormer ses dy. I must bespeak pardon for remarking, further, that, t iough prureeediiigs have b en had in Vyoiigress, ami some laws have been passed, violating, in the oi.hioti of the General Assembly, Ihe dearest right ofthf-peopte-TaKe, fur example, the sen 1 1 i.hi law: an I tliou;h, loo, many laws have b-'en passed by the Federa'i Legislature, wh'uh, in the niiinio i of the General Asseroblyi-tran,rehded it on he ri,'u of the Stale; yet it has nevect lieKeWvfce.( eerre4t tWGewH inoe, io asset i ami iintucnie tnr nmr of ihe people, or the rtghti oj Ihe .Staff i, Artliist such assumptions of power by Congress by an expunction (literal or typn al) ol the obnoxious proceeilttigs tiwrthew Ami now, lor the tir.;t tune, when a imple tesoldtion of the Senate is sup posed (by some unaccountable miscon ception of its import and in'eutiou to jyuoa4ipMMli-rights td'he a tton il branch of the Fed 'ral-Legislature, which, pronably, has not perceived. and. Certainly, has not complained of, the encroachment - or ( to speak plain ly) when the Senate has presumed to question the rights a'iu power claliheVf tor the executtve tl.n.irtmcTit ihyihe rVshtroTrllfiratoti'e tiasoifiptarnetT ind protested against iti proceednis I ee the General Atsembly of Vir gmia coining foru aul to vimlica'e Ihe nghtt and powe t e'atmtui-y Ihe Pre- nidnit, by this process of expunclioh, vvhicU it havnever tW'HigittwlTesorting to. tor the vindication either o' Ihe riahit of the people, or tM tishl$ of S'af. I mention these strange con trasts, because, they have raised the 'J'himiest ajipr.-hcnsions, in my mind, f approaching danger to our republi can institutions, and because those ap prehensions have bad an important in nuence in determining my judgment and my conduct, nnd- r the extraordi. inry intructiuns, which the Geueial Assembly has thought proper Jo give me. The General Assem'dy can have no reason to doubt, and, I am quite sure, iloes not doulit. that I voted for the resolution ( the Sena t e w hirh i t mn a a nemns as uncoustitutiotiar ami mis ehii'vous, upder a sincere conviction that it was constitution !, wise, and eeti necessary to a-seit and vindicate tne authority ol the laws; neither ran it doubt that this is still my opinion: yet, without deigning In suggest any reasons io eniigiueii nnn convince my Vd.:rstandingt the GeneralA&sembly gives me a peremptory instruction to propose and vote for the expunction of this resolution from the journal of the Senate: and it insit, that must obey i's will and command or resign my office. It instructs me to vote to ex punge from the journal, that wl.ich it knows, as well as I do. is there trulv Md.l -4ift iif.-.i :-;.m ............. y .... , w v, im rii c.i aioin aTnarmertiTiaisity, n ptiblie re cordi which it knows the constitution , 7 . - - r . aV T explicitly requires the Senate to keep; and (to remove ,my scruplsjtpre!l cTlbelhe expunTtWthe from the jonrnal, fi"-nrstively and typi- ray, i(, such a tnanner as ran only serve to elude the positive, injunction ".LVSttiiftfion.MiAtasjgnalijie.tl tfoijiuKIUoiaaiHldi evidence ! the tart: it instructs me to W a a do this or resist. 1 1 instrurts me so to expunge, as hot to expunge, the re solution: tt requires or me, in a word, a jeauiiicul equivocation with my oath auu ctinsciencr; and ( considering ne kiiliwl..lr'i mn.ll.n.e ..f h..ni..i..na,,JC',,'V,nfed,aS I am. that 10V rest I enlertain it commands me to inrur dishouor, shame and truilt-or resign, It requires me, in eflei t, to give my recorded sanction to the prerogatives claimed by the President, in hU mem - arable protest against the proceedings of the Senate, and to the limitations he thinks proper to set upon the rights, powers, and privileges of! tnis bmlvt wen Knowing me opinions i nave a - vowed on the questions of constitution al rijtht, and. I hone, .not doubtinr their sincerity, the General Assembly commands me to inflict this (in my sense of things) vital blow upon tlie constitution of my country ir resign. ,1 rannot shut my eyes against the truth "platTs and glaring upon the very fare of the transaction that such Instruc tions were not given me. with any ex pectation, or view, or perhaps even wish,. that I should yield obedience to them. 'There is, in truth, no choice between the alternatives proposed to me; and I believe, most undoubtingly. that it was not designed to leave me any choicetthat the real and the only purpose ot the instructions, was. to compel me to resign "to instruct me WtwH me, that this design-is almost avowed ia the preamble and resolutions job have transmitted jo me. Fr .lkere- aiuuio rcciies, as a motive lor the ora -i . .. r f ;'"g. t'tai -me Assembly (rrm it their tolemn duty aain to reassert the duty of the representatives to oftey or reigni" and then, after trivin me an- instruction which the Assembly knew ttarmt.rfi5m njr tout tl mgra;ft--lt;'rieiyea.ftfcat Tf Tl Ti rr7 of the representative to obey the instructionsof hit constituents, or to resign the truest with which they have clothed him. in order that it may" be transferred into tne hands of those who will carry into execution the wish es and instructions of the constituent body." ' : IIJWM jmpissibieLthat-1 should have remained ignorant nl, and it is equally ' impossible for me to forget, the Kliti cal operations in Virginia during the past year. I know that the design of Mnstiucting me out of my seat" -or: : f44r4lypbn'ngtnrta tug ticket, was earlv and openly a- viSnrtlYratRtti$n an;- da ntar 4tttMVauntf(h rwhirh the victors promised themselves Irom Ihe success they achieved at the last annual elections; that the scheme of the instruction was proposed and discussed, and the very method of Assembly has adopted strenuous y re- cumnicitiieo, aa. me proper and sure . S" S - a means of driving me to a resignation, in the public prints, which are sotnv times the organs, and sometimes ti e dictators, of pally plans. 1 know, moreover, that the proceeding was aim ed at 7i particularly at re; and that, to insure its success, no e Wort has been CJr..Lje: tggrate my faults, such as"tKi' ? "air '; to falsify thee h itr y tif I tny life, simple and obscure as hnhei. to. it had been, and barren of incident to misrepresent all my motives, senti nients, and actions;, and to raise such a storm of public indignation against . me as should make me bend like ll . willow in the" fable, amF trecrve a fvcwthsteBsexlsteitte by yteldingrraTherTTI man De torn np by the roots like the sturdy oak, and laid forevrr prostrate on the varth. I shall fulfil my detiny -with firm i. ess and Composure, liet me thank my enemies for having given tne a consequence whicli my own mer its would never have achieved, that enables me to act a conspicuous a d useful part in the defence of the -free institution" of my rounti y. I ought to b. grateful 1 the Geneia'l Assembly ' forjdacing ine as it were, at the head ? ofafoilorn hope in the rontesi now waging for the preset atimi of the con. stitution and the laws; m thouidi I ' am as sensible of . the danger, as ram of the honor of the post assigned im I -hope, with the blessing of O.hI, to B- provemyseii not aitogetinir uiiworlhy 1 Of it. J If the General Aembly had any ob. ' jeer at heart, pursued direcily .r its own valu-, and not as a means of ac- compli1.hiti!r,.by indirection, other ob. jeers, plainly unjust and uncons'itu. , iion..L-iind should give me an in " slrucllbn TiFus ollu ial station, to promote its views ' Un injtructioti, which it believed I - ouM coscietitiously obey an inslruc tion trained w ith no design to force me to a resignation and il, in such a case, t .hou'd think the end aimed at un constitutional, and should be, there- V fwr,-iinvrtlling tbe an artiyeaynt in v -accomplishing itnhe "case would be a very strong oe. indeed, and attended.! .. with very peculiar cin umstocea Sn . wnic'i i would . . - - - - - retain my seat... and l,','!,,,,t f the ineasut Bul egardiiir the present the acconw i-asure desired. instruction as mainly directed to the purpose i.f lorcing me "to rr stun Ihe.iruiL itl h irnuBitii. ii mill me nanus ol those who -will f ai ry, intu executioithe wisliea and - instrui lions of ihe constiruent' ' umi wmvii wisues and instructions I t ink plainly Ci)ntrarlo 4h Lttee and spirit of the constitution; and deep. . - --, - nat,,.m ;"!,, ' yitaly aflect the in- yy oi constitution, than even , ,c'1 t the instruc- ,"!",. 1 have' ",r'fre. come to a re. . ," 'V.' l,on I caunut, ought not, and w," "ot ?".;''..'. I PraT the General Assembly to ac- company ine for a brief space, and to : accompany me with patience, in a con- ' iB,uc,a,lu" me practical tne practical conse quences or the precedent and of the doctrine, (for precedent will soon grow nun nocmne,, wnicn ll proposes to establish namely, that the State Le. gislatures may give instructions to their Senators tn Congress, which they believe they cannot obey without con. scious dishonor and crime, and there fore will not obey, in order to force , them lo the alternative ol resignation. . The unavoidable effect will be. tn chance the tenure of the senatorial of- , lite, from a tenn of six yeafs, which the constitution has ordained, to a ten. ure during the pleasure of the respec . tive State LrKislatarrs that elect ihemj l to make the Senate, which was plainly designed, and that for the most obvi. ' puis pwrposea. ri be..tbgjaual permtHH-V t "boiTy in the Government, in effecijin' in praence, inr must liuriuaiing,, Irctts siunt, and unstable. Set 4ih page."