Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-06-10
CONGRATULATIONS.
FOR TIE ENQUIRER.


and vote for resolution directing parl of the Journal
Of the Senate of The U. StLtcs to Gr e1pnngrd: is in
truth instrucns him to commit violation OF his oath
To support this Constitution for the United States.
II is remark of the great and rlitunns Madison, no
less beautiful than trucand beautiful only because 1t IS
ttuchat sit is misfortune incident 10 nature that
public measures rarely examined with that spirit "t
moderation essentially necessary to proper rsti-
mate of their real tendency to promote or obsrnct The
public good; and what is still to be deplorcd, this
spirit is diminished in proportion as IN unusual cScF-
u tlrn Of il becomes requisite
The question Of the power Of the Senate 10 eSpnnge
is Of the most interesting before The American
People and there obviously none, 10 which The above
observations apply with forcc-nHne in which this
fraity of our is likely TO haze influence.
There is perhaps one circumstance which may entltle
credit the opinion am ubcnt notr for consdeTa
ton, and 1t is This 1t formed at lime when no ap
pIication persons could BIAS. 1t was form
ed less than eight years ago beg leave 10 shew tie
grounds upon which this opinion rests.
The Constitution Of III. United States declares. that
teach House sha keep Journal 0f lis prVcecGngs anil
|" from time to time pnbLish the umc-rhcs~ terms
not used here or The first lime They borrowed from
that nation whose language IS Ours. and whose pafia-
mcnury body has obviously furnished the model Tor
own.Ihcy must be understood in the sense, in wh!ch
they were universally used at tic precise mitem intro
duccd into the Constitution of the United Stncs.
In the examination of all questions connected with
the Constitution Of the United States, it is Of the rey
first consequence that should cndravor ascertain
Constitution Where these be isccalucG, M~g must
yrcrnH. We should transport ourselves To The times
when they had the Constitution before them for aIun
ton or rejection. And having asccrainrd the
which any particular term or phrase understood by
them, at that timc-tls is the which should pre-
vail mao. 10 The exclusion Of all others.
Hume tells U.S. tina! son the 9th juno, 1867 The House
Of Commons entered. for the first time, an order pr
the regular keeping Of their Jomra0L" These are the
terms used in the Constitution itscf-eacI iluusc shall
keep Journal.
Now what is the meaning affixed to these terms by the
Parliament itself:
BY reference TO tho continuation Of the history,
by society of gentlemen i: will be sccn that
ton was made by Mr. Wilkes, May g. 1852, for
punging FROM the journals of the House p Commons
the famous resolution of the 18th june 1862 reot;ve
10 the Mddcscx election MIR. Wilkes. after long
succession Of annual defeats, triumphcd al last;
there being on The division, ayes Ito, noes H.
And from the work ii is seen, that from Tic lime
of this entry the journal up 10 the time of its brag
cxpungcd parlianens had been dissolved, ans!
new chosen; and. that during this interval o. up
wards Of is years. annual motions had been made by
Mr.. Wilkes to cspunge, which at last succeeded. 1T
this period, did any in his right senses, for mo-
mcnt, suppose that the Commons did not Eccp J""r-
nal of their proceedings at that timc Did SUCH !d:a
ever enter the head OF any lover Of liberty at thai day,
that the Commons did not keep Journal because, they
had cxpungcd an entry: All who are acquainted with
the progress of the principles of liberty in Grenl Britain
and in the colonies sprung from her oins, and parcu
Iary in these United States must allow, that there
subject during the times in which it took place, that
cccnsloncd more intense interest among the lovers Of
liberty than the MiddleseK election 1t may be consl-
dcrcd the great point of contest al that ue between
the friends OF liberty and the friends of despolsnl
son est " tisE1 wagTg, lie
wugt u, ever slnCe the - beginning
Without turning over the leaves of musty puramen-
lary olios: doubled down in dog ears, any nil
conyersunt with the history OF the proceedings of Par
Lament must know that the power 10 cxpunge an entry
had been several times exercised from the period when
The Commons determined " 10 keep Journal. And
whatever doubt may have existed in the minds OF the
Tories q The word in its genuine English scnae)
the power Of the Commons to rxrungc, 'chuc they
kep Journal, the lovers Of liberty huh sides HE
Atlantic saw that doubt completely dispeed by the tr-
nlnphanL vote in the Middlesex case.
Such was the uniccrsnl understanding among The
"UhigS' Of America al that day q This term IN lis
genuine English aud American sense, which all, glad
it is soon likely TO recovery No Wing for
supposed that the Commons OF Eng land did not
'kcrp Journal, when the entry respecting the Mid
dcsex election expunged. The friends of despot
ISM The Tories, doubtless thought otherwise. FROM the
little congcniay between the two there is strong
son believe, that the Tories then thought, that there
was no Journal kept when their lavorte entry was
plunged. And they probably think so still.
This most celebrated victory of liberty dcspotsm
took place. above. in May, 1852 Nothing
red to alter this stale OF things, and this duty thus TO
keep Journal by the Commons, when OF the
genuine Wings q use The word in ePtemcral scnse)
that ever assembled around the altar of Liberty, met in
Philadelphia in May, l7o7, to form Constitution for The
States.
The conduct Of the Tories in this Middlescx casc
doubtless Of The of separation Of The
lonics And its wlolc history aud the duty Of the Com
mons thus 10 keep Journal OF great and interesting
casions must have been known to ALL The Commons did
thea keep a Journal when the Convention met We sec
these terms used in this ascrrtacd sensr at That day.
and al this day is al liberty TO alter them When
the Constitution went out before the People, who alone
rave it lfc these were, has been seen univer-
phe bv IN ire
commended for the attempt 10 restrict them
late
And now will present for consideration a casc in
which, TO expuDgc might be considered sacred duty.
Let us keep clear oil The present case, now, likely
soon to be- before the SenaIe. This might lie deemed
one Of the cases. which tho beautiful observations OF
Mr. Madison apply with full force: casc in which The
Senate will soon record the vnlcc already pronounccdy
the country Suppose at Presidential election, that
some or all Of the votes given by the Electors from
or more Statcs have been given b. persons holding c
Of profit trust under the United States, at the
time they gave their votes. TIL. Constitution express.
trust undtr the L. S shall bc nppointcdaa Eector' The
Constitution itself has supposed the case possible, that
an Elector holding an Office under the u S. may vote
an Elcctor. Let us suppose vote thu" gvrn-The
only mode of comtcs,ing such vote, which lie Pe"Fie
have. is, by doing il al the time when opened 10 lie
counted in tie presence Of The Senate and House Of
Representatives Suppose petition presented to the
House of Representatives. and another TO the Senate
placed IN The DlnaS OF the SENATORS
calling 10 the notice Of the two Houses the illegal vote
Suppose the House of Representatives in keeping their
Journal suppress entirely the true nature OF Tie petit
ton, and in$cr! somcking Tint has rention haierrr
10 Tie sutcct-so that the scrutiny Demanded is total
ly suppressed Suppose an application made to COT
rect the Journal, crPungc the entry, to make
correct entry Suppose Mat House of Representatives,
who by possibility may have found their account, at the
me in the suppression ofru,h and in the propagation
the fasehood still perscvere in refusing all or any
o ;,,.U-
resentatvcs would keep Journal if the flsehood be
now expungcd' And suppose the Senators TO "loi lie
petition SENT do not present TO the Senate and that
it is entirely suppressed so never reach the Senate.
cI,,h h. Sl,nnf I,nE