Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-04-08

The result OF this it seems 10 me- very clear and
just distinction that nothing be regarded as pro-
pery proceeding Of either House. of which Journal
Is required TO be Kept, but such done in dis
charge oil the legislative, executive judicial functions
respectively committed To them by the Constitution If
any act be done by either House, appertaning
the discharge Of its constitutional functions that
ought tn be considered extra official or Mr. letter
SON expresses H. as mertl eoneenona s,nong the
hers participating in III consequently yrcceed
ng OF the cody TO be entered the JOURNAL and ii
improperly placed there, may be, aud ought to be- take
off With this distinction as my guide, let me sup:
pose case Let US suppose that this body, initiating
The irregular practice which has obtained in some OF
the State Legislatures, should, while still organized
Senate proceed to the nomination OF President OF the
United States let us suppose that the very resolution
which is proposed TO be expunged had been used
1t well might, as preamble To such nomination: let
us suppose that the President bad been in his term,
and then the preamble and nomination wo aid have
thus" Whereas Andrew Jackson, the President of the
United States, has in the Executive proceedings rca.
ton to the public revenue, assumed upon himself auho
rty aud power conferred by the Constitution and
Laws but in derogaton of BOTH and has thereby proved
himself unworthy of the confidence of free people
Resolved, therefore, the opinion of the Senate that
- - be, and is hereby, recommended to the good
people of the United States the most fit aud proper
person TO replace the said Andrew Jackson the Office
oi President" &c.
Suppose, Mr. President, that such resolution had
been adopted by the Senate organized it is at this
moment yourself in the Chair all the Senators in their
seats the Secretary hs table, the yeas and US called
upon it, the resolution finally entered on the iourna
could such resolution, Notwithstanding all the Senate
rial forms which might have accompanied it, be cons
of the Constitutions Can any one doubt that there
would be full authority in this body when it should see
the error and evil tendency of its act crpunge such
resolution from its Journal If so, the question of poc-
settled; and the proprety only of its exercise would
then depend upon question, which will anticipate
the discussion of but which may well suggest for
the consideration of gentlemen, whether the resolution
actually adopted on the occasion referred to- had
relation TO the functions, legislative executive or iudi-
ciary, entrusted by the Const to this body than
the resolution supposed, would have had.
While, therefore MIR. President, cannot doubt that
fla.,a l...I,..
journals, may be removed expunged herefro,
by actual erasure oberaton il yet borne in
mind, that no such obteraon is contempa-
LED or required by the resolution under
ton Ii contemplates moral, a physical ex-
junction; an expnncion of the act without expungng
the record 1t seeks deprive that act of all LEGAL force
and validity by applying to ii the appropriate and sgni.
hcant language OF parliamc nary condemnation; and
without erasing celebrating the original entry of on
the Journal to afx to that entry visible mark which
shall show in all me that the there recorded had
been revoked annuled, aud repudiated by the solemn
Judgment OF the Senate and the nation; that if
IN any fnture search for precedent the be found
its condemnation be found nseparaby associated with
1t. That this is the meaning and intention of the
resolution, is shown by its express declaration.
But it is objected that, in that sense, the term
expunged cannot be properly used. The question,
then becomes lone of mere verbal criticisms and surely
gentlemen will admit that it is the privilege of public
bodies well as private individuals define the sense
in which they terms susceptible of difference of
sgnifcaton. This is explicitly done by the resolution
ander consideration and all objections founded on the as
sumption of meaning, different from that in which the
resolution inerPres and defines its language must,
OF necessity, fall TO the ground. But willingly meet
gentlemen on the question they have made, and main.
tain that the of the word e1punge in the sense in
which it is employed on the present OCCASION is per-
iecty correct and consistent in itself justified by
numerous parallel examples in the usage oil language
both in judicial and parliamentary proceedings will
call The attention of my learned colleague especially
Chr LeighD TO striking illustration furnished by the
decisions OF the highest courts in State with
which he is far more familiar than can pretend to be.
We all know, Mr.. President, that in law, deed is an
instrument signed seaed and deveredhat il is an es-
senta and indispensable element in its legal character
that it should be sealed and that seal in the
common understanding of the word and as defined
believe, by Lord Coke himself, is an impress.
sion made on wax OF wafer; aud yet the Court of APP
peals IN virginia, as have recently believe, the
courts IN majority of the other States decided on prn
cples OF common sense and common law independent.
OF any statutory provision tie subject that scroll
or black lines drawn any shape suit the fancy
drawer, when declared to be intended for seal does i'm
iact constitute seat and makes the paper to which it
Is attached to all ntens and purposes seated nstr-
ment Now sir, if black lines can thus be made to con-
stue seal, thing which, in its ordinary sense is
formed Of wholly different materials surely they NAV be
made 10 stand for erpungng which, in its stricest and
most literal sense demands only the use of the same
materials In either the declared intention stands
In place OF, and is equivalent to, the thing itself
Again, sir, the term cancel, if of precisely the
same is certainly OF very analogous import the word
eIPnnge Its chronological meaning, as well as that
which given 70 it in the legal definition destroy
deed other writing by drawing lines across it in the
form OF lattice ieorh 1t is principal branch of the
common law jurisdiction of the Court of Chancery in
England to cancel letters patent (Which records OBJ
tanned from the King upon false suggestions or other
wise void. In both legal and popular phrascology we
speak OF deed or will (also matters Of record) being
cancelled by the decree of Now sir in these
cases, presume the Lord Chancellor does actually
draw lines in the form of lattice work on the letters ma
tent which he cancels; does the the pen
across the VIII or deed, which is cancelled
by ITS decision On the contrary it is the decision the
chancellor the decree of the pronouncnp the
patent will or Decd TO be fraudulent and void which
per Sc cancels III that is destroys its legal validity and
effect while leaving the record of lis material existence
unimpaIred In like manner, the word erpungs in The
present instance, exers its whole force on the LEGAL ac
or precedent ITSELF without mpairng the written entry
! OF 1T upon our journal.
The illustrations furnished by familiar parliamentary
proceedings not less orcble while they the adj
vantage OF coming still nearer home to US When a mo
ton IS made and carried TO strike clause section
In BILL II is not, as understand actually stricken out
or erased with the PEN but the portion voted TO be
stricken out IS indicated by suitable marks, with a cor
responding notation on the margin Of the BILL or on q
separate paper, and considered stricken by the
mere force OF the vote. What is directed be done
by parliamentary felton, if you choose, considered az
actually done. IL is singular coincidence that the
carrier period of our parliamentary history, this very
word e1puhge which has Of late furnished such fruit
fu theme OF commentary, habitualy used instead
OF the phrase TO strike out in reference TO ndmens
and IN the sense in which the latter phrase has us
| been explained During the two first Congresses un
der the present Constitutions find that in the journal oil
this body especially the word eJpunge of re-
currence and that in proposing amendments bills the
motion was toexpunge, instead of strife and when
carried, the clause section which the subject
the notion said to be erpunged, though MS in the
case of striking out, there actual erdsure which
IT Is now commended the word necessarily imports From
It's frequent recurrence in the application Yates
report Of tie proceedings of the Convention which form
ed the Constitution, authorized to infer that its
II - H..