The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1836-04-15

1ssAs@A @&03N0MA &sGsNAs Eta anu 81
slr. in reason. and On The lrue principles
Of The Constitution. 10 the power Of this
body limited. In record. once made. be.
comes sacred; II 10 The properzy Of the
people. was intended for their protection,
and you have no right 10 defaee il.
The Senator from a:ssouri Was well
aware Of mis- objection 70 the precedent
cited by him. and he eadeaycred skilfui-
~ 10 eysde II by saying that a. all events
we could not deny that il Vas . complete
answer 70 our argument. which assumed
The constitutional duty 81 this House 10
record MI IL proceedings. Here. said he,
sras a proceeding, and a proceeding moi
recorded. Sir. This 10 quite plausible. bot
on close examination. il offers no real
difficulty. The question presented in The
instance referred 70 was precisely that
We have been debating for nearly two
months or more this session: and that is.
the right Of this bodylo reject petition.
We who were inthe minority on The abo-
lilinn memorials, and who con,ended for
their rejection, urged that we had q right
10 refuse 70 consider them. and 10 deny
them any place on our journals. Had We
then known Of thIs precedent we should
have quoted II in support Of The position
We assumed. for. by erasing the memo-
rial from the minutes. the then Senate
declared that they we're under no consli.
ullonal obligation 10 receive il. nor 10
permit any record Of il 70 be preserved.
Well. cir. | think the Sense decidedeor
reeily in The case 10 WHICH ! have allu-
ded; but the honorable Senator and those
who voted wilh him 70 receive the peti.
tons will, no doubt. consider The deci-
sion Of the Senate Of 1906 erroneous.
II erroneous, IL is no authority. II. on
The contrary, IL was asound opinion. IL
establishes what aszert to BE- lhr true
doctrine. namely, that The Senate have a
right 10 refuse petition, and are under
no obligation 10 record il. The case cl-
ted, therefore, does in no respect conflict
with the principles for which we who
oppose TINS resolution contend. All that
- decided by IL in that the rejection Of
. petition 10 no. such . proceeding a.
should be placed on the journals. But,
r. President. did il 20 The whole length
for which the honorable Senator intro
duced IL, lscould not permit in case Of
this kind thai il should control my &C.
tons. In constitutional questions. we
are not permitted to surrender our con
science TO authority. |, ough. 10 have
no guide but reason. The precedent in
itself contains nothing TO challenge ap.
probation. II Was done in haste. We
have no evidence there was any--we
know there could not haze bren much
debate on it the last night Of the session.
IL was passed by a small majority IN a
very thin Senate. I, was a comple,e
party vote. in high party times To
make such proceeding decisive OF a
question Of this magnitude, would be to
place the Constitution Of the country al
the mercy Of every faction which BY
turns may get possession oil a majority in
Congress.
| have already said. Mr.. President.
that do not consider il made the slight.
esl difference in the question before US,
whether the resolution af the Senate,
which !, is proposed to expunge. was
constitutional or otherwise. In my iudg.
ment the obligation imposed on us to keep
record Of II 10 precisely the same. be its
character what II may. The Constltu.
ton makes 70 distinction; aud where il
does not distinguish. we cannot. But ii
| do not agree with the Senator from
Missouri thai The Senate. in the instance
alluded 10, either did injustice TO the Pre-
sideni. or improperly exercised the pow
ers vested in IL, | beg leave To make a few
observations on the leading proposition
by which This charge Of injustice and as
sumption Of power was supposed to b,
established. We exercised. il is said, OF
the occasion complained OF, Judicial no
legislative power. and we condemned .h'
President Of the United States when h,
was moi accused, and we did 80 wi,hou
even hearing his defence.
II all this be true, 1" the head and from
OF our offending" 10 certainly very con
siderable; bu. apprehend il requires n,
very great ability 10 show tina, it has NJ
foundation whatever. We did not, sir
on the occasion alluded TO, exercise Judi
cia! power, and. therefore, we nei.he
tried nor condemned the President.
! Although the legislative. executive
and judicial powers conferred by III
Constitution of the United States on III
Senate be in theory distinct, yet case
are constantly arising in which the actio
of the body in lis several capacities i
imperiously demanded on the very sam
matter. This is inevitable; for as the pow
ers conferred extend to the person VIII
acts as well as the thing which is acte
on, IL is impossible, in legisla.ing on tn
one, or in sitting in judgmen. on the 9th
| er, 10 avoid deciding on matters whlc