The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1836-04-08

tleman tells fhe Senate that there are
I 900 originals Of the journal. and that
the defaeing If thai kept b. the Secreia>
~ leaves all The rest complete. Well.
sir. admit the position Co be rOrrecl and
what theni Does TIA. furnish any srau-
ment in favor Of dis6guring one of ihemf
Whether there BE- MANY or fex originals,
are they not oil equally under the pro.
lection Of The conslilunoni II 50 many
are 10 be kept zs q record Of our pro.
ceedings. is il not indispensable they
should all be true records! Did the Com
siirlion contemplate that some Of our
journals should exhibit a faithful record
of our proceedings. and others should
nOti Or am ! 70 understand the honora.
bic Senator that enough which are true
will remain TO correct that which the *.
punging resolution purposes TO fslsiiy! IL
that be the position. leave 10 him and
his friends all the advantage they can
derive iron the argument.
But. cir, pray leave 10 enter my uL
ter dissent 10 the proposition thar we
have one thousand originals of our Jour
malls. We have only one originai. sir;
that which is made up b. our SECRETARY,
read over TO Us. sanctioned b. he sp-
proval Of this body. and placed snong
the archives of the Senate. In 10 that,
and that alone. which forms The record
Of our proceedings. and furnishes ihs
original from which transcripts become
evidence elsewhere. The originals of
winch the Senator speaks are no, even
copies; they are but the copies Of copy
furnished by our Secretary TO the printer.
! sm aware of the decisions Of courts.
which the Senator from Missouri has
quoted on the sdmissiblluy nj these
printed copies as evidence. lis not my
purpose TO e. into critical investigation
| OF the soundness oil the dncuIBe by
which such a rule has been established.
| content myself with saving that these
cases do not proceed on The principle
that the printed journals ATE originals;
they 20 on the superstition thai they are
true copies. In giving them even this
character, the tribunals III justice have
gone very far. and the cases in which
they have been received are of modern
date. and of somewhat doubtful authority.
They have been. as il were. ex,nrted
from the courts BY the grta, convenience
Of the practice. and from a strong and in
general a well.founded belief that they
are faithful transcripts. But a, the ut-
most. they are nothing more than primo
focie evidence, and if coniradicled by the
original in writing. of which | have spo.
ken. they must Instantly yield TO the
higher authenticity which belongs TO il.
TO all acquainted with this subject, il
mus. be apparent that the whole matter
exhibits great relaxation Of the saluta.
~ rule. that the best evidence The nature
Of the case will admit of must be produc.
ed. But be this as il may, the doctrine
gives no sanction TO the idea that these
printed journals are originals. And ad.
hitting it to be sound and correct. il by
no means supports the proposition that
the original is not to be preserved with
care and fidelity.
We have been referred, Mr.. President,
to the practice Of the Parliament of Great
Britain on matters of this kind. II is sta.
ted that that country has a Constitution
as ours has; that our parliamentary pro-
ceedings were borrowed from. and have
a reference to, theirs; and that we are i'm
the daily habit Of referring TO parliamen.
tary rules and parliamentary practice az
our guide. From these facts the conclu-
sion is drawn, that every power which
they may exercise we can also exercise.
| believe this is a faithful summary of
what the honorable Senator advanced on
this branch of the subject, and | take oc.
casion to say that il all has my entire as,
sent, save the conclusion which he has
drawn. That conclusion too would be
sound enough from his premises; but il
| is incorrect because the Senator lett out
one important and controlling poslulate
which belongs to The question. and " hich
shall Immediately notice.
II is the constitutional provision which
we have on this subject that makes all the
difference for which contend. We're il
not for it, the rule referred to by the Sc
nator, that the power to expunge from It's
journals any offensive matter found in
them was inherent in every legislative
body could no, be contested. But il 10
obvious that rule must be subject to the
exception, provided the legislative body
itself has no rules prescribed for its 60.
vernment by higher authority incon-
sistent with the exercise OF such power.
That such is the case here affirm, and il
is this circumstance which takes awav
all force from British precedents when
| applied, in a case Of this kind, to the
proceedings Of an American Congress.
=, G eat Britain, MIR. President, does not
possess, as we do, written Conslitu-
ton. The great principles Of civil and