Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-03-24
TUESD.a n.
'a'wenty-tilird Congress---sel. scss.
IN SENATE.
Friti0y, fsb. 21. IS35


ne resolution offered by Mr. BrSroS on the 18th inst
was read by the Secretary: " '
rcd, That the resolution adopted by the Seno,
on the 2Sh dag # March, i'm the wear Ia3i l.; ,hn 81
,owns words, 'ReSOtred, IHat dc President an me
",e Lteease proceedings IN relation public rerenue
nnS osst'"t upon hiiase authority and ,.rer mar ram
ierred 6y thc Constitution and irs bit IN dcroogt;on f
rom pe and the same hereby is ordered 10 be cxpunoed
from the journals of the Senate because the said rcl
ton IS illegal and unjust of evil exannlc ;ndcf,;
vnguc expressing criminal charge without s,cc;,;c,
o ana was irrcguarly and unconstitutionay adopted
~ nc ,eiiate, III subvcrsion of the rights Of defence
winch belong to accused and inpeachabe officer and
a. up and under circumstances cndanacr the poli
| people of the United States - WY
Mr. Benton then rose, and addressed the Senate in
Lr PPa ~ s motion lie said that the resolution which
~ naa oHerod though resolved upon, as he had hereto
iole stated, without consultation with any person 49,
leSo1ved upon without great dcberaton in his own
mlnd. The eliminating resolution which il was liz ol
lect TO expungc, presented the Senate Decrhcr
1oth le3 The Senator from Kentucky who introduced
IL (hr Clay) commenced discussion of il ON fla, L.,
winch was continued through the months of January ri
February and to the end nearly the month of March
ne vo.e was taken upon the 2St of March and about
fortnight thereafter he announced to the Scn,,,e ;
intention to commence series Emotions for ~
inc resolution from the Journal Here then was ncorS
our months for consideration for the decision was e
Pected; and he had very anxiously considered dmrn
that period, all the difficulties and all the
u lie sep which he meditaed Was the intended mo-
, ~ ce"r le Journal OF the resolution right in ITSELF
vi, convection ofhis judgment told him that il was
WIS eApurgation the proper mode Yes he was tho
ougy satished that that the proper mode of nro
ceedng III this For, the crininatinr resol,t;o
winch he wished to get rid Of combined ali the cbornc
teTstics OF n which required erasnrc ohora,;o
niouhg our; Tor 1t was case, he believed of the az
eicise OF power without authority without cvcn ;I,;s
u;, inSgai, irregular and unjust Other modes of
a"huihng me resolution, resembling REVERSING no
Peaiingi could not be proper in such case for H.,
would IMPLY rghtiul Jurisdictions la wful authority
he Jan;J 1ugn an erroneous Judgment All that
e denied lie denied the authority of the Senate TO mass
snch resolution at all and he affirmed that IL - 80
M IaG contrary to the truth as well contrary to law
MS oeg MS view oil the resolution he held mai tho
uc ana proper course, the parliamentary course of r
oe9psi , IN such case, was to expunge it.
put sad Mr. b., 1t is objected that the Senate b, ~
rght 10 expunge any thing from its journal Thai IL ~
required by The Constitution to keep n JonrnaI. ar -
ing so required, could not destroy anv mart Of r,
sdiI MT d. is sticking in the bark and i'm the tbinnns
PARK IN winch shot, the smallest ever lodi
Various are the meanings of the word keep used as a
selo 10 Keep journal is to write down daily the
history OF what you do. For the Senate TO Keen n i
nal is to cause TO be written down. every day The oc
49, % its proceedings and having done that the con
su"nai injunction is satisfied The Constitution WINS
Saushed by entering this eliminating resolution on the
Journal 1T will be equally satisfied by entering the ex
punsing resolution on the Journal In each case
the senate Keeps Journal of its PROCEEDINGS
Ii is objected ALSO that have no RIGHT To destro,
part OF the journal; and that TO expunSe is To i,y
enc 70 Preyent the expungcd part from being known IN
future Not the fact, said Mr. b Tj,c7 u,n,s III
plunged Is not destroyed, 1t is incorporated in the az
only effect OF the expurgation being to EXPRESS ~ III
ou OJs emphatic mtnner, the opinion that such matter
MI b. said he would support these positions b, anti,
10y we authority OF eminent examples and would cite
~ N"ss out Oh multitude that might be addnced a.
SHOW ''at eSpunging was the proper course the para
ehtary course IN such the one no " ber, the
oeGae ana that the exPunged matter was Incorporated
NJ, iI ~ Nv III me eApungng resolution.
hr ID then read from volume of British Porl;,n,or
tary history, the celebrated of the Mddlesex eI
uon, IN which the resolution TO cxpel the fa,,ons L.
wilkes was expunged from the Journal but nreser,d
III the expurgatory resolution so as TO be ;ns, nc Ii
Icaa now as n 1t had never been blocd out from the
Journals of the British House of Commons ,rba nv
luton ran in these words: "That the resoI,,io r 81
House OF the 18th of February 1863 that Jobn VIII
ESQ having been III this session of parliament cxncj
m ts rouse was and is incapable of being elected
member 10 serve IN the present Parliament be cxnr,r
co rom e journals OF this House, being subvcrsiye
~ e ghts oil the whole body of electors of this King
Hoh such, SAID Mr.. b.. the terms of the exn,ns
my resolution IN the case of the Middlescx election az
IL was annually introduced from 1860 10 I7S3 yL,n
was finally passed, by a vote of near three 10 ono 5
ne clause ordered TO be expunged was bloted ont oc
e journal, ana obera'ed by the clerk the table in
the presence of the whole House which renamed sr,
ana All business suspended until the obhteraton ,vos
complete Yet, the history of the case is moi lost -
noug oioed out OF one part of the Journal il il saw
ed IN another; and here, the distance of half cet,
ry, and some thousand miles from London tho Who'll
case is read as fully az if no such operation ;od
been performed upon it, ''"U ever
Having gwen precedent from British Parliamentary
history, Mr.. B would give another from American his
tory not indeed from the Congress of The asscnlid
states; but from one Of the oldest and most rcsnccob
states OF The Union hc spoke of Massachusetts and c
the resolution adopted in the Senate of t,ot SET
me tate war; adverse to the celebration of orr natoni
victories, and which, some ten years afterwards sos %
'nged from the journals by solemn vote of the senate
INV "ERAsuRE rnE JouRwAL
he resolution offered by the Hon MIR Soro,,e tho
lth INST IN the words following:
" Whereas certain resolve passed the Scnnte or ,bi
commonwealth Oh the 18th day of June A. ID lSl3 re-.
Iatng 70 tc capture ofbis Britannia Maesys ship Pea.
cock by the United States ship Hornet commanded no
the late brave and patriotic Capt James lawrence in ,c
words following viz: ''''''' J." inc
'Rcsorcd, As the sense Of the Senate of Nossocb,
g rvs tat III war ike the present waged without usti
fable cause and prosecuted in manner which Indicate
a conquest and ambition its real motives il is not
becoming moral and religious People to xtress anv an
PROBATION OF military naval exploits which are moi i'm.
soil! - ~ s'"ooS' iiiu
And whereas said resolution adopted At n ,;,,e oc
extraod binary political excitement is prcdcetcd MN an
erroneous estimate Of the nature and CHARACTER If tho
late war between the United States and Great R,iton
ana whereas 1t involves and PRINCIPLES unsound
~ Pohcy ana dangerous and alarming in tendency.-
wherefore tbat may not hereafter be considered as
pressing the deliberate Of the Senate and PconI
OF this Commonwealth, this time Of uncommon nd;
teal tranquility, P'
Resoiycd, That The aforesaid resolve of the fifteenth
diy OF June, A. y 1913, and the preamble thereof be-
ana thc same are hereby, expungcd from the journals Of
Yeas %, nays 10"
Having produced these two precedents Mr. b. said bc
Wouid produce no more, though he had seen two jnstan
cesoi eXpungng matter from the journals in State Ic
gEa'es curing the present winter, and in fact within
month past. lie believed hc could show CROFT mn,
bers Of such precedenis and that in States chose en-
suuons contained the Injunction with rcspeci 10
/ keeping journal which found i'm The Constitution
OF 'ne United States Mr. b. then referred 60 the terms
OF nc resolution which lac had submitted and showed
a1 conofned 70 The pecedents which he had produced
from Massachusctts and Great Britain both i'm using the
word eXpunge, and in setting forth te clause 10 bc
plunged 80 The body Of the cxpuroatorv ros,I,fi,r
mr. D. men said the word which DC had used was par.