Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-04-25

ntf OF keeping ", the nature and character oi II
J contents, what IS TO he upon II. what not, is neoes
sary subjected to the control Of tho body who's
duty it is 10 kcepit. This control is an msepara
bic part OF that seit gore,ning power, in MI mat
tcrs 81 interior economy aud parliamentary regime
! which the Constitution expressly delegate 10 81
iher branch OF the legislative department. Eoc/
i.onse by the Constitution, ~ 10 choose lis owl
Speaker or President, and other officers" =" Edci
Uonss. ASA. shall be the Judge otihe elections,
turns, and qualifications Of ito own members
" Each House may determine tho rules of its pro-
ceedilgs punish its mt ,nhers for dlsorderly bella
y,or, ind, with the concurrence OF tno-thIfd', IL
eNpela member" - Each House shall keep =
Journal OF IFS proceedings, and. from imc 10 ''ac,
publish the same, excepting such parts NJ may, in
tier judgment, require secrecy" In regard to
oil these powers and functions, a very large dis
creton is necessarily left 10 either House, in the
exercise of which abuses double. may be COM
united. But he possibility OF abuse j, areu-
mehi against Tie existence oIs power. Congress
has. by express and uncsuivocal grant. in the Con
Stnntion, power to lay aud collect taNcs," &c.
and -" to rase and supper, armies IN the eyer
ctst oi these powers, Congress mipht raise, even
IN time of profound peace, an nrm, Of half mil
lion III mcu, and levy upon tho People annually
two Of three hundtcd millions Of dollars for their
support, converting onc-hali of the nation into sol
dlels, and the other hall into panpcrs. There
could be grosscr abuse and Yet the con>liu-
lIona power would slll BIZ indlspulablc Where
II has been deemed necessary and proper, tqr the
pul.ie good, lowest an, particular power IN III,
Gov nmcnt, or n department OF it, the Consllu-
ton :. ants the power, and provides securities n
ralns ITS aiuSc III the structure and organization of
the Government itself. The periodical ERECTION
ol the public missionaries by tie People, and for
the most part for short terms, their responsibility
to their constituents, aud the constant influence and
control Of public opinion. are relied upon in our
system MS comforting every reasonable security a
gainst the gross abuse Unnecessary powers.
The large discretionary power which the Con
>itnon has cii To either House Of Congress- over
its journals is s,ikingly cNrmplihod in th" provi
sion respecting ihcir publication. Each House is
required by the Constitution to publish ''s journal
from time 10 fiac, excepting such parts n, may,
m then judgment, require secrecy. Now, under
the terms OF this provision, either House of Con
gross, If disposed 10 abuse the trust rrposcd in thom
might suppress and withhold from the know
ledge of the People the most important part, il
moi the Whole, OF their proceedings under the plea
that they were such as IN their Judgment, required
secrecy.
In The icHon, approximations Which were enter
tanned Al tle time OF the adoption Of The tonstit-
ton, OF the cncroachmcns aud nhusrs of the new
gains, the clausr in question; hui j, was replied,
and with success, that every legislative body must
have hc power OF concoanp important tansac-
tions, the publication OF which might compromise
the public in4elests and rs II Was impossible 10
ioresce and cnumclaie all the cases in which such
con,calm"nt mieht he necessary, they should be
left 10 the sound discretion Of the body itself. sub
cct 10 the constitutional responsibility Of members,
and the other securities provided by tho Constllu
lion against the abuse OF power. Ihrsc sccufiIi.,
have hitherto been found snllicIart and, IN point OF
fact, the journals Of both Houses have been pub
,Icd from day 10 day, with such special and limit
ed receptions rs have been universally approved
by the public judgment.
This Publication, when made, !. the practical full
Gmen, and contamination of the design al the
Constitution in requiring journal 10 be kept by
either House, of lis proceedings. ! agreed, on
AL bands, that the great object for wln,h Journal
tsicqnircd to be kept is, 10 give authentic lniofma
ton 10 our constituents Of onr proceedings and
that information is to be given, as the Constitution
providrsh b, means ola publication from time to time
OF the Jour n itself The rcquision TO erp Jour
nal, on w'h eenil, men have laid much Stress
is therefore merely Introductory, or What the law
ycrS call matter of indHcfmrHt only, 10 that which
forms tho life and substance Of the provision, 10
witt the publications. from TO time, Of the Journal.
sustalns this interpretation " Each House shall
keep journal Of its proceedings, and, from time
to time publish the SAME" 1t is c,idcn, thai the
whole practical virtue and cilco, Of the provision
is in thu liitcr member of the sentence, and that
the ioI.n'r would have been implied and comprc-
hcndr5 il, though not expressed II will be
seen +. Il corresponding provision in the arli-
clrs o oniederaiion founded explicitly on
this idea for, prcsupposng the keeping ola Jour
nal rs matter 81 course, II proc ctdcd at once to
require that = Congress shall publish the journal
Of their proceedings monthly, excepting such parts
thereof, relating to treaties, alliances, or militia
ry operations, rs, in THEN judgment, require sccro
cy."
Nothing said Of keeping journal, that be-
ing pre- supposed, and necessarily implied bat
can any one doubt, though the articles of coned-
Grafton were si'ent to coping a Journal that
Congress was much bound to keep journal of
heir proceedings under that instrument, each
Ioust IS now bound 10 do under the existing Con-
siiluii5n How could they MAKE the required
monthly publication Of thor lourr a, unless our
nal were kept BY them 7 The r.qai,iton, there
fore, in the present Constitution, 10 keep Jour
nal, is but expression, for the sake OF greater
funess, of what would otherwise have been impli-
ed and serves only as more formal introduction
to the practical end 81 substance ofihe constitution
al provision on the subject, and tina, with which ii
cnphaIicay concludes, TO wit, the publication, from
time to time, of the Journal. That publication
once made, and the People put in possession OF the
authentic evidence of the proceedings OF Their a
gents, the purposes of the Constitution are i"l-