Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1835-01-31
IN SENATE-JANUARY %.

annrobation of the resolution Of the Senate
Of the last session, cenSuring the Chlei Ma
gistrate for certain official acts and instructng
their Senators to use their best efforts to have
the same eXpunged from the Journal of the Sc
nate.
Mr.. King moved that the resolutions be laid
on the table and printed.
Mr. Clay asked that the resolutions might be
read; which having been done,
MIR. Clay said, before any order was taken
on LAYING the resolutions on the table, he wished
TO make an inquiry. The resolutions were ad-
dressed to the Senators from Ala. informing
them what they were required to do. Mr. Clay
would be glad to know whether it was the pur-
pose of Mr.king, now, or at any future time, To
submit to the senate proposition to eXpunge
from the Journals their resolution OF the last SeS-
sion.
Mr.. Benton hoped il would not be forgotten
that when the resolutions referred to were adopt
ed, he then solemnly gave notice to he Senate
and to the American people. that he would
commence from that time succession OF mo-
tons to expunge them from the journals. To
expunge, to wipe them out of existence at once
and for ever, not to repeal them or to reverse
them. 1t was his full persuasion, 1t was his hrm
conviction that repeal of those unjust resoiu-
tons or indeed reversal of them, would by no
means be adequate to the justice of the CASE
He would have the journal eXpunged, that ope-
ration should be performed which the very word
itself implies, "erpunge or er-sponge" He
gave notice at that time that he would do so
and he was determined to fulfil his pledge
He did this from conviction deeply traced In
his mind and confirmed by every subsequent
reflection, that the Senate, in adopting those re-
solutions, had trampled under foot the constitu-
ton of the Country And indeed not only had
the Senate tramped under foot the Constitution
itself but at the same time it had violated every
principle of Criminal Jurisprudence and the We
ry forms of criminal Justice. He had given
mind, and without consulting with any human
being upon the subject; he acted in this matter
from a conviction of the duty he owed to his
God, to his country, and to himself No one was
more in the habit than he was, in ordinary al
fairs Of consulting with his friends and submit
ting his own judgment totheirs; but in this case
there does not exist the man who can say that he
waited to consult him that he even asked if it
would be right or wrong, but he adopted the
determination from his own spontaneous con.
viction Of the unconstitutonality of the proceed
ure, and the firm resolution never to cease from
every effort to destroy the traces which it had
left behind.
In obedience to that notice. last session, on
the last day of the session he had offered resolu-
tons to expungc. And now the resolutions of
the Legislature Of Alabama presented to him
the opportunity OF giving the public notice that
at the proper time he would again move his reso
luton to expunge. He now took this determine
ton and laid hold of this occasion of expressing
il, in consequence of what he witnessed and
heard yesterday evening" when he saw an at
tempt then made to give such direction to the
proceedings of the committee upon the Post Of
flee, as would eventuate in Legislative mea-
sure of individual condemnation; when he beheld
the efforts of the two Senators from South Car
DINA to give a new action to that proceeding,
he then knew that something else was aimed at
that persons were pointed out and another sub
stantial impeachmentw without form, wthontr right
and without opportunity of Defence was by them
attempted to be brought forward. When he saw
this, then he determined to give notice at the
earliest opportunity that he would move to cX
punge from the Journals the resolution of last
session. This was the answer lie would give for
the hon. Senator from Alabama.
Mr.. King OF Ala, thought that it had been ge
morally understood that it was the intention of
the Senator from Missouri (Mr b. to bring for
ward such opposition, and the efore he was
not little surprised at the question put to him
by the Senator from Kentucky (Mr. Clay) whe-
Their he was disposed to make any PROPOSE
ton upon the resolution he had presented from
the Legislature of Alabama. He would only
say for the present, that his sentiments upon the
resolutions were well known, he had voted
against them at the time they passed the Sc
nate and he had ever been opposed to their eX-
istence upon the Journals. His State had given
him Instructions TO take the course he now
adopted and he felt himself bound as a rep
resentatve delegated by that State to COM
ply with his instruction; if therefore, no other
person had been found to bring forward any
measure upon the subject, he himself would
have done il.
Mr.. Clay observed, that the hon. Senator pre-,
Sented TO the Senate two resolutions from the
Legislature of his State, which Were simply de
Ularatory, and expressive OF a wish or rather an
opinion: at the same time that gentleman was
aware of the intended motion of another Sena-
tor at some future period. But the resolutions
from Alabama were not presented as intending
20 effect that purpose, or, indeed, any declared
purpose, they merely inculcated upon the Sena-
tor himself a duty which he was welcome at any
time to fulfil. Such, however, being the actual
circumstances of the case, nothing could be
more natural than his inquiry, whether the hon.
Senator, was prepared with any distinct motion
upon the subject. He was, therefore, perfectly
astonished to learn that his inquiry was unex-
pected and startling to the hon. Senator. He
hoped his surprise, however, would cease at the
inquiry, when the nature OF the resolutions pre-
scented by him to the Senate was considered,
viz a resolution requiring that former resolu-
tons Of the Senate should be expunged from