Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-04-08
Twemty-aourth Uomgrcss--lss scss
IN SENATE-.farch p, 1886.
SPEECH OF MIR RINES. OF VIRGINIA..


Mr.. Clayton moved that the resolutions of the Senator
from Missouri should be taken up order that the dis
cusson upon them might proceed The motion being
adopted,
MIR. Rves then rose, and addressed the Senate, in sub
stance as follows:
If no other gentleman Mr. President disposed do
So will avail mysef Of the opportunity afforded by the
motion of the Senator from Delaware trouble the
Senate with remarks the subject now under con-
sideration In doing do propose at this time go
into the wide field of diversified and interesting
opened for discussion BY resolutions of the Sena
from Missouri ay purpose will be 10 conne myself,
present. strictly the constitutional question which has
been raised as TO the of this body expunge from
its journal an entry heretofore made upon it, trusting
TO the indulgence of the Senate in future stage oil
the discussion, to be permitted present my views of
the other highly important questions involved in the
general subject propose thus 10 limit my for
the present, because the constitutional question
rally and properly preliminary all the est standing
first in the order OF discussions well first in import
ance; for however justly obnoxious deem the resolu
ton OF March, 1881, to the various exceptions which
have been taken TO it, certainly ought not to be exyRged
unless under the Constitution have the rightiul
thorty to do 1t proper TO conne my remarks
for the present. 10 this single of the subject the
further reason, that yet the able and lucid
OF the Senator from Missouri the other branches of
the discussion, have remained without any answer
even an attempt TO answer them
free people, Mr.. President, and especially the
ghtened people OF this country, naturally and
y jealous of the observance of their fundamental law
and acutely sensible TO any violation actual medta
ed, OF It's provisions Hence is that in the warfare
parties, appeals frequently made this patriotic
instinct in the public mind and alarms, often grouadess
and artificial, attempted TO be raised in regard the
Hence i
that in the memorable contest of which this chamber
was the theatre two years ago. the President denounc-
ed as usurper of ungranted power, voato the
Constitution and Laws of his counry when, if all that was
alleged by his adversares could be sustained would
have made but Of the msapplication or abuse
of power granted both by Constitution and the Laws
Hence it is too, suppose that the present occasion
nctc panic is attempted to be raised by holding up the
image of mutated records and violated Constellation
and that the exercise of lawful discretionary power
their journals and proceedings which has been
known and admitted since the origin of legislative DO.
dies, and is familiar in parliamentary practice wherever
such bodies exist Is represented as something monsrous
Ubiquitous, and even ielonious If gentlemen expect
thas by the use of strong language, bold assertion and
vehement denuncation, carry the public Judgment NV
Storm they will, my humble opinion find themselves
woiully deceived The public mind is, this nome nj
calm sclt-balonced, scrutnzng, nqustve and instead
of mere assertion and vague denuncaton il will require
reason, argument, proof.
1t is in this spirit Mr. President that shall proceed
to the examination of the objection which has been made
10 the proposition under considerations on the ground
that demands act 10 be done which is forbidden by
the Constitution. What sir, is the argument of gem
tlenen this subject, far argument has been
temptedI IL Is, that the Constitution requires that
each House shall keep journal of its proceedings
an entry once made upon that journal can there
after be- in manner, touched altered or removed
that # we do So we fall from that moment the Lam
guage OF the Constitution, to keep journal of our
proceedings The connexion between the premises and
the conclusion in this reasoning, is, confess Mr.
President, to my mind mpiehensble. If this body
SHALL by formal resolution, entered its Journal d..
rect previous entry improvdently, wrongully or err
roneousy made be corrected or removed does II fol
low from thence that do still keep journal p
On tine contrary this very proceedings in being entered
the journal, and embodying the whole history of the
Transaction itself ulhment of the constitutional in
junction in its true and well understood sensetat of
writing down, from day TO day. duly transactions
they transpire.
But it is not my intention Mr. President. TO discuss
this question on the nicetes of verbal criticism choose
rather to take it up broad views of the common
sense and practical meaning and operation OF the Con-
sttntion While the Constitution requires that each
House shall keep journal of its proceedings not
direct ho,o that journal is TO be kept The manner of
nj not Inc
ture the form, the iullness OF the entries
tes left for the and control of the body whose
duty is keep the journal In these respects there
is great diversity Of usage among Legislative bodies.
BY some, the entire bill presented for its action spread
the journal, done during the two first Con-
crosses under the present Constitution by this body BY
others, the title of the bill only entered the jour
nal is the practice both of this House and the
other branch OF Congress by some the reports of com
mitees entered in full on the Journal as was done
By the old Congress under the Articles of Confederation
and is still practised, L believe, by the Legislature of
Virginia BY others, the resolutions only, reported by
committees admitted to place the journal Ac-
cordng to the rules and practice of Legislative
dies as for example, of this, proceedings committee
of the whole entered the ournal while in others
in the ii. of Representatives, notice whatever ID,
pears the journal of what has been done commit
tee of the whole. / might mention also, illustrating
the discretionary powers which every legislative body
possesses ovor its journal the apparently Anomalous
practice founded, however long usage of both this
House and the other to enter their respective Jour
nails the messages Of the President though forming
part OF their proceedings, of which only they
required to keep a journal"
1t results from these considerations that althouoh
each House of Congress bound TO keep journal of
proceedings yet that journal, TO the manner of
keeping it, the nature and character of its contents what
is to be upon it, what not necessarily subjected to the
control ofthe body whose duty keep it, This con-
troll is an nseparabe part of that SELF governing power in
all matters of interior economy and paame regime
which the Constitution expressly delegates either
branch Of the Legislative department Each House, by
the Constitution, is "to choose its Speaker or
President and other oficers""Each HOuse also shall
be the judge Of the elections returns and qualifications
OF its members -" Each H0aSe may determine the
rules Of ifs proceedings, punish for
orderly behavior and with the of two thirds
expel member" Each House shalt keep journal
Of its proceedings, and, from time to tune publish
the same, excepting such parts may, in their
Judgment require secresy In regard 10 all these powers
and functions, very large discretion necessarily left
either House, in the exercise Of which, abuses doubt
less, may be committed But the pOssJtg of abuse is
argument against the existence Of power Congress
has BY express and unequiyoca grant in the Conslu-
ton power 10 lay and collect taxes, &c, and to
raise aud support armies In the exercise Of these pow
ers Congress nil raise time of profound peace
annually two three hundred millions Of dollars for their
support converting half of the nation into soldiers
aud the other half into paupors There could be grosscr
abuse; and yet the constitutional power would still be-
indsputube. Where il has been deemed necessary and
proper, for the public good, to any particular power
in the Government, department OF It, the Consitu-
ton grants the power and provides securities against
lis abuse in the structure and organization of the Co
vernment itself The periodical election Of the public
functonafes by the people and for the most part for
short terms their responsibility their constituents and
the constant Influence and control Of public opinion are
relied upon in system comforting every reasonable
security against the gross abuse Of necessary power