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

: purpose Of correcting any MISTAKES VIII" " ,
been made in il; and that. till that cereln'ny mas o.e
qone hrourh i. is under the perfect control OF c Dc
nar and fully open TO revision and coTccAOn' ms
tie ar rueu of the honorable Senator l:om iou5ia.
mir Porter1 1t is obvious REMARK upon IL, 'a'
eontounds two things entirely distinct III their nature
and wholly different in The principles On i'ch try "s'
the correction u mis!dkcs IN Jnurhi' a'u VI. a.
Dunp;a. OF matter lhcreron, III winch mere mas o''
m iu;,.kc but which is otherwise and Irrinsc iy o.
iecl!uablc The rarpose il'r which Tue Journal IS t
dinafilY read the inurniny after IS Ill sut up "
the Secretary is simply correct any mt>n'S "h'ch
NAV have been made III tic entries upon Ii. "'s Is ~
plcilly declared by the standing rules o! t'G "''"
The very first Of which provides, That l:!r frSd''
urng taken the chair, and quorum bvn+ pTrs"h1' r
Journal Of the preceding day shall br r.d :" Et '"n'
that aau mstakc shall BE- corrected L!1t st jt nae" :" 't
cniricS."
Now sir in the precedent Of l1gT there 10 ms
take in ... entry which crt.lr tot: ryruHgrj il
rrcsd rag, and in COMPLIANCE "iii rAsi'!"c liJtc'
ton ,l the rules Of the SENATE, t!r susinCe OF The me-
.uraEs presented aua the proctcai"g If the Senate on
their presentations There and cpG!I Lc r1 aeE"'
ton of any error in these REPORTS TIC cn.:y was Or
Gr.,d 70 be rXpun.cd nnt E"2aGse 81 mfst""c III II,
uu. becal&r tie matter ii l. was unjust ard wrong be-
went TO cri:na!r Inc Executive administrator
o. the county, w0; ,rnol probability; an Tor that
rcaso uu"tit Stand Upon The journal ut co-or-
dnatc tiri,a ucn II is III "H:n 'Ic ~ ""dcaV"r
To resolve the prrcc,ivu, n ici; into H." ordinary power
al revising and CORRECTING lr J"ullH!: W:ncil!5 iiay
| made I'd 1t was i far different thing. Il pro-
cess of correcting miSiahas in entries the Journal,
which is ordinarily done the morning alter the entries
are made and without the orilaI,y Of an order or re-
suu,ion Il was the rSsrcsr the part OF this b1dg:
of hin her and mere important p1wCr-a power not 10
correct mistake Cor there VAS nonc} but to redress
wrour-o purge its JGurua!-nDt OF crrclc"IS cnrcS,
but uI improper l'r, i'll HE entry OF winch !icre had
been n:S;Ic-a power which, from The ma
lure L! it, and The princi;.!e5 winch It Is founded,
must rAst in full urcc tie acxt yc%r Us the next
roruiay after The objectionable entry Eccn made.
M ingenuity, air. PRESIDENT however great no efforts
of ;nd, however gigantic, c'A ever succeed N lie at
tempt which! is made reconcile the Srna,orai frecc.
,ri! Of 1906 " h the doctrines Of gentlemen who up
pose t. resolution NOW under consideration On what,
sir is their whole argument bult: Is 10: the aSsump-
lion that each House al Congress, III being required |"
'kerp journal If their proceedings Is Luund to pa.
scrrc 10 ali future time The record Of each C@ al Vi their
prucrcL!nrs that every act proceeding: Of either
lnus" should Lr entered on The journal. "d once truly
cntrc! there, that entry can never thereafter hr touch
ed. altered removed but must reian rs 1t Is, with
out the change Ct letter comma 6"he last syl-
liable Of recorded liir: Now: sir it br csI;cud-
ed, that The presentation Of the memorials OF ArsSrS.
S::I and Ogden by member Of the Senate, the read
inu u. those memorials, the acliG TAKEN upIn t!cm by
the SENATE were proceedings Of which tie Cnnslitu
ton requires journal to DC hcM? We have ahcady
seen, the rules Of Tie SENATE, adopted for the pGr
pose Of fulfilling The injunction OF the Constitution, ex-
prsy require all these things to be entered on ic jour
nal. Can ii BE- pretended that these matters were not
tra!y entered: y means! In every possible aspect,
then, which The proceeding OF this body III 1886 can
|
ncdi inclIrnt which the arguments ui gentlemen
amaIsl The pUwcr - cLpungc have been raised.
! y OF rxp:ngng. involving precisely The same
pnc pie and leading ~ tho Consequences occurred
in the House uf Representatives inany years ago
On Tie .j,i. of February, lc, Mr.. Rancoph, OF Viz.
gnia being informed that MIR iinckncy had just died
III Ills city (wi!,rc he then was:) and announced
the the House, with tie impressive e!o!nei:cc
which ;lc loss at suc! naturally drew l!oH &C.
MUS Of kindred insptation and moved an immediate al
nurnlrut 81 the House. il afterwards appeared that
Mc PInchnry not dead III the lime thai Mr. Randolph
communicated TIE ut 10 Tie liousr, Though he dice
! SONIC rw hours alter The fact, however, al M Ran
dJlp. having tc event. ana lie consequent
adjournment ct the House. where necessarily entered
the journal part oil lis proceedings and the fol-
lowing day, Mr.. Randolph, a:!cr an cXpaEa!ion Of
the circumstances, moved that the entry the Jour
nal Of The preceding day be thpnHged, which
ordered, aud accordingly dome Now, sir, Ii the cs-
liclIc, and might we'll call H. suprrs,it!ous srclncss
winch is incuiculcd III regard 10 ic sanctl!y and
inviuabtr of ri.trivs made Journals had
prey a:!rd ;!lcn, t:s cxuunctu iuwcTc simple and pro-
per in l;<c could MT have been made 1t will be
marie that there IstGEc in .lr entry made
tie journal The entry not vi Mi tInCknry death,
bn. u the fact Mal Nr Eeud0!p gran day aarcna.
ced to Ike IiGGyc That Mr.. T. dead, ind then moved
an adjournment. That fact truly entered, precisely
as il occurred. II rre had bcrna H:sthG in the entry,
the would have been line Ordinary To
and not the extraordinary enc 10 cfEGnec ii. IT,
over, the doctrine earnestly comtrcd Tor by
tIcncn well iuGudrd, that transaction proceed
! the entry must stand there 10 all future ulc and cannot
be- touched or changed in letter or comma without
violation nl the Constitution, then Mr. Randolph, instead
OF the short and obvious remedy Of ryruncUn Of The
entry of the preceding day. could have cOnsli.u;Ionay
attained his object only by distinct entry 81 his ana
| ton the journal of the succeeding day.
But, sir, Inc Senator from louisiana even ccacct,ng
the power CT each House entries previously made
its :uria: c"ncns that this power is limited 10 tie
current Congress- and that the Seiaic or iousc OF
Representatives vi succeeding Congress las control
whatever over the journal CT tie Senate House CT
Representatives Ct preceding Congress. Without
stopping show that this argument, even ii correct
III principle, would he wholly :napplcablc to
the Senate, which, from the successive partial
ncwals OF its members, Zone third of the whole being
replaced ~ elections every second yrar) is per.
pctua hndy, choose rather TO meet the principle Of
tic objection by demonstrating lis iucon-
pal:bty with the Of TIC Legislative 1t
is fundamental principle in regard to legislative budrs
that IN their Ord2i"cd succession by virtue Of Pc
riodcal elections, Legislature has pre- ciscy much
and the same power us another Il law enacted by
cue Legislature or III one session OF Legislature may
b. repealed by another during subsequent srssIon.-
What one resolves: another may rrsclna; and in like
manner and on tic same principle orc Legislature has
Us inCr aud the pO.Hcr tic Legislative
cords another. In this respect, ti.rc is obvious
and important distinction between Legislative and Judi
cai bodies; supposed analogy in whose tunc,ians and
proceedings has, doubtless scd the honorable Senator.
Alter !lr uurnnrn close Ct the terra OF court,
It's proceedings, its ORDERS It's Judgments: its DEGREES,
are final and rrevocablc far depends lis
action. has power as Legislative bodies have al
subsequent term session, revoke, change sci
uSdc any ing dcrc by il al preceding term
If has been committed that be corrected
after the expiration Of The cr, only by hig her tribunal
AID certain limitations Of time prescribed, within
which even these appeals to hg cher tribunals must be
prosecuted So Imperative is the maxim interest rrt-
TabcG ut sit nis tium" the public rcpose requires
lirl lo he fixed to Judicial controversies The nature
OF the legislative trust, however being altogether differ
emf, and requiring that the exercise and expression Of
the public will should br all times unclicrcd in mat
trs Of general concern every Legislature session CT
IA Legislature, has unlimited control the acts pro-