Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1836-03-17

any quesuon, snail, al the uesiTc Vi Que
fifth of those present, be entered on the
Journal" The purpose Of the provision
is most obvious. Ii requires each house
to record its transactions Ito record them
all, truly, exactly. aud fully-to record
them for the Information of present and
| future generations: 10 furnish evidence,
! 10 which the constituent may refer IN the
| examination of the conduct OF the repre-
! sentative, or the representative resort for
| justification and TO hand down TO our
| posterity. a certain knowledge of all the
acts of their ancestors, which may often
serve as a guide 10 direct them, s. some.
limos beacon to warn, And unless the
provision can be complied with by keep
ing partial, false and garbled record OF
| the proceedings OF the two Houses-un'
| less this duty 10 record the truth can be
! fulfilled without recording the whole truth
or unless the Injunction 10 Keep The
| journal, can De understood as not COM
| manding us 10 preserve II; It IS impossi-
! lie, should think, 10 maintain, that the
record Of any resolution or proceedings oil
the Senate can be e;rp,mged from lis jour
! nal, in the literal sense and true accepta,
tiou Of that word that is, wholly hlotted
! out or erased Indeed, it would be dllii-
| cult so 10 expunge any part o! the jour
nal, without impairiag the record oil some.
thing else, which all W ould would wish TO
/ preserve truly and fairly recorded.
The General Assembly itself, sensible.
! las | humbly venture TO supposed that
The resolution of the Senate in question.
cannot he actually expunged from the
ID ,E tho 30 { al
lion, proposes that il shall be expHnged,
.by causing black lines TO be drawn "a
/ round the said resolution. as 1t stands on
The original manuscript journal, and these
words plainly written across the said reso'
luton and entry-'Exnunged 10y order OF
the Senate In other words, ii mistake
not the meaning and principle of the. IN
struciion, the General Assembly, admit
ting that the resolution of the Senate can
moi, consistently with the constitution, be
expunged from the journal literally, yet
thinks that il may be expunged tsurdtice
Ia pray the General Assembly to con-
slider the danger and mischief that must
flow from a precedent of this kInd-whIch
would, 10 effect, elude positive inJnnc-
ton of the constitution by a metapborcsi
use of words, and what is more, typical
doing of deeds, doubt whether there IS
single provision of the constitution
which may not be cluded & set at nought
by similar process /; and must aou'
that this typical method of expunctioh IS
more abhorrent from my feelings Of con-
stitutonal duty and propIiety. than the
literal. Undoubtedly, the precedent ad'
limits of a broader and easier, and there
fore more mischievous, application.
pray the General Assembly TO consider,
too, the hardship Of imposing upon the
consciences Of men acting under The sane
ton of an official oath, the duty Of con-
forming their official conduct with the rhe
toric of their constituents. In the framing
of laws, and in legislative proceedings oil
all kinds, il has always been found wise
and necessary TO discard all figures oil
speech, and to adopt the plaInest language
in lis plainest literal acceptation. II
rightly understand the meaning and pur-
pose of the instruction gwen me, the lie
neral Assembly would have me propose
and vote for the expunction of the obnox
ious resolutions of the Senate from ITS
journal, in such manner, that II shall not
he expunged after all, in whole or IN part
Now, in the first place, doubt very much
whether this could be done, even IN the
. method prescribed and, IN the next place
, if, entertaining the opinions do Oh the
subject, should vote for any such process:
of expunging, should be guilty OF men
tai eauyocation in the discharge OF my
official duly, humbly hope for the par.
don of the General Assembly and of al
good men, if cannot, at IFS command
extingush the knowledge | have acquired
of my mother tongue much more, II
cannot disregard the dictates OF reason
and conscience, which God has planted 10
NV breast, TO be the ruler and monitor Of
all'my actions
find myself constrained to say. that
cannot obey the instruction for expunglne
the resolution Of the Senate, IN any man
ner, literally or ligura'ively.
This brings me TO the consideration OF
+ the second resolution Of the General AS
sembly, which declares. tina" the Assem-
bly regards the right of instruction 'as res
ting on the broad basis Of The nature oil re
presentation.' and ono Of the vital princi
nles of our free Institutions that IT IS the
I duty of the representative 10 obey The IN
structions Of bis constituents, or resign tht
trust with which they have clothed HIM
i, in order that it may be transferred to toe
hands of those who will carry into etiec'
the wishes and instructions oil the consult
; emit body"
And here, in considering the alternative
, proposed to me, | cannot but advert &c
! the very peculiar nature of the act which
; the instruction requires olme, END TO some
remarkable circumstances IN the history
of the subject
The resolution which the General As
! sembly proposes TO expunse IS ohy 'ne
expression of an opinion held by the majo
+ rity of The Senate for the time being, and
| the entry oft on tie journal, only the re
, cord Of the fact that such was the opinion
Of the body. 1t must be obvious TO the
, minds of all men that the expunction oil
the resolution from the journal Of the BE-
nate can nowise affect the main question