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


z,!accd among the records Ot the HOUSE,
The result OF this, il seems 10 me, very c1at d'"
lust distinction is that nuns Is /" De resaroco IL pr
rrry II uryceediug OF either Huuyc, OF winch Jo"Tm"t
= rs,ni1.d 70 he ErDt but such done III dis
rnr, of the legislative, executive or ndciai
Respectively committed 10 them ny :iIr C"n''Itot'h -
any act be done by either ii"use, not appeIlni9 10
the discharge Of lis constitutional ii"c"'''; ',r
ou,ht In he considered rs extra oil! al or as hr c'e
SUI Expresses it, lis ne., c0acsMtUn"t a'iiig ''c ne'
brrS pat pa,ng in Il; coEs quently, not d. P
iny Of tho t;dy 10 be entered on Inc J'u''"'' a'u
ir!t;Optry lucG there may be- and ought 10 "e' '",
oil; With Ills distinction as my %u'ue ; ~"
,,ysr {. case. Let lis suppose t'IsI s body, l"''''s
ill.,, irrrgu!ar practice w!c! has obtained Iii so'he Vi
the S.ar Legislatures, Should, while stu oTsin'%r a.
Senate prvcrrt - the pninai!"n Oil i?c=i"e"' W So.
uuil, States: I. suppose that th' very l's'ia
whc! is nY propusd DE- rxpung"d n-t been used:
i wei, ,.,i.c lis IL preamble L, such Il uoniIin"h let
u; su2past that ls Prrs;trn: had trch Ill ms Fst 'ei
and then the preamble aud nUnIna"il Wot'u navy r
lus- WrrcuS Andrew Jackson: the ffes.Ge'! u ''ie
United States has, in The Executive proceedings III ft'a
inn f., ,,r uui lie :: venue assumed upon himself au'i"
r;:y and u,wcr lnt conferred b. the Constitution anu
Tvs br in d,ruratom Of both, and has thereby pEo"ca
himself unworthy Of tine CONFIDENCE OF tree pr"p!e:
Hrscvcd therefore, as Inc o'!i1"n ol liis 9'"'' ''
be- and is hereby, rcco'niirIdri 10 me so'"
people OF the United States, as the "iSt Ill ana proper
10 replace the SAT- Andrew Jackson ~ Inc ocr
U! ircsdr"t &c. ,. LL
Sup,osc, Mr. President, that such Resolution nau
beer
rnon.nl Yourself i'm the Chair all the Senators IN lhcIE
seats the Secretary his table, the yeas anu nay calico
upon it, aud the resolution finally entered on lr r'-
could such resolution notwithstanding al inc oe"
ria ofris which might have accompanied II, &c coHS
trrcd as DigcccdinG of the Schultz within Tile !caiiS
or lI,, Constitution: Can any one doubt that tC're
would be full authority in this body. when 1t Eir"i see
the error and evil tendency Oh It's act. ~ p"HgG SUCH
resolution from its journal Ii So, liz Question OF p0'.
r settled and the Pr"prrty only oi It's exercise ""G''
mt
the discussion Of but which II may be we'll to suggest icr
tic consideration Of gentlemen, whether the resolution
actually adopted The OCCASION referred to, lad more
relation tic uctnns leg atiyc, executive, or judi
ciarv entrusted by The Constitution 10 this body Than
the resolution supposed, would have bad
While therefore Al1. President, cannot doubt that
there III which al entry improperly Placed Up
on journals, may be removed ~ cXiunSrd lrcIroiil
hv actual crasurc ubl!era!!U it must yet |" bic Ii!
mind that suc o0lcTat!"n or craSure Is c"nteinl'
ted VI required b. the resolution under c"s.cIa
ton. 1t con.cInplars m3rn!, not 4 physicist tx-
puaction eXpun:LOn Of the act without e%punSin9
the rcr0rd it seeks 10 deprive !iA act vi all legal "Ice
aud validity by applying u IL the appropriate ana siga
Icant language oil parliamentary condemnation; and
without erasing celebrating the original entry OF 1t on
the JOURNAL aix to that entry visible mark, which
shall show in all Time that the act there recorded had
been revoked, aEuuicd. and rrpuI!ad by the solemn
iaLrucut Of Tie Senate aud Tie nation; that II
ia iulurc sta:c for pIcucLcmt the act be: found,
lis condo lnnaton be i0nI nsepara!y associated witt!
it. That this is the meaning and intention OF the
resolution, il shown b. It's express declaration.
But it Is objected tilat in that sensr, the term
rxpuumcd ca.nut be properly USED. The question,
them unc Of ycrba! criticism; and surely
gentlemen will admit That ii is the privilege OF public
b;,drs we'll private individuals, To dinc the
in which they terms susceptible u difference OF
Specification. This is explicitly dune b. The resolution
under consideration, and all Injections founded the
Sumption oi ira:Ilng different from that III which the
resolution inlcprets ana defines lis !angung" must,
II, IL | Il
gentlemen the question they have nadr. and MUM
Tain that tie Of the word tGpungc III the sense III
which it Is employed tn" prs, nj OCCASION, IS per-
fcy ana consistcn! in S.i!. and Justified hy
nuuIeruus parallel examples The usage OF laaguagc,
both in judicial and parliamentary proceedings. wall
call the attention Of my learned colleague especially,
(Ar Lrig 10 striking illustration furnished By the
decisions ii the highest courts III own State. with
which he is far more familiar than | pretend 10 he.
We all know Mr. President, that in law: deed is an
instrument signed, seated aud dc!lycrrd-at is IN cs
scntia and Indispensable element II lis LEGAL character
that it should be Senl'@, and that S'a', IN the
COMMON understanding oil tie word, and as defined,
! believe, by Lord Coke himself, Is impress
sion made Oh WAX OF wafer; and yet the Court Of APP
pcals in Virginia. have recently, brere, The
courts in ":ity Of The other States, decided, on pr
cipr5 Of cumi:IUu and Common law, independents
u Of any statutory provision on the SUBJECT that scroll
6act lines drawn any shape to suit The fancy ut the
drawer, when derGrd 10 be intended for seal, docs, in
fact constitute seal and makes the paper tn winch 1t
a.
nIen Now, sir. il Unr inns thus be made to
slituc seal, llinr which, in lis ordinary sense IS
formed Of wholly different materials surely they may 'c
made 10 stand Tor cIFHmgiag which, in lis sirices and
most literal sense, demands only the Use OF the same
materials. In either the declared intention stands
in place OF. and is equivalent t., the thing i!s'i.
AGAIN, sir, the term cGarcl, if not % precisely the
sac certainly o! very analogous import: to the word
Lrpunare. Its chronological meaning, rs well as that
which given To It i'll the legal dclnon TO destroy
deed other writing by drawing lines acrss ii III the
form Of lattice 7rorh. 1t is principal branch Of the
common law jurisdiction Of the Court oil Ciianccry N
England 10 ca'rc letters patent (Which records cb-
tanned from the King upon false soggsstlonS or otter
wise void. In both LEGAL and popular phIasr"l"9y We
speak o.. decd or w:!l (also matters Of recurd) being
cancelled by the decree ct court. Now SIR III these
cases. presume the Lord Chancellor docs not actually
draw lines in the form Of lattice work Oh the letters pa
tent which he cancfi; durs the court run the pen
the will deed which is He'd and set aside
by It's decision On the contrary Is the drc'="n OF The
chancellor the decree Of The court p:Oaou"cng the
patent will deed, to be fraudulent and VOID. which,
PR Sc cdnctS IL that is destroys lis legal validity and
effect while leaving the record Of lis ma!c!ial existence
urmpaiTcd. In like MANNER the word 1pnngr, III the
present instance, It's whole force tie legal act
precedent ITSELF without inparng the written entry
Of it upon journal.
The illustrations furnished BY familiar parliamentary
proceedings not less iorcibe: while they have the ad
vantage %! coming still nearer hul!c 10 us. When mo-
ton is made aud carried to strife 0nt clause section
in BILL it is not Us understand, actually stricken out
or crascd with the pen, but the portion voted 10 cc
stricken out is indicated by suitable marks, will!
responding notation the margin Of the bill,
separate per- and is considered stricken out b. the
force Of the vote What directed to he done, Is,
By parliamentary fiction, if you ChooSc considered
actually done. 1t is singular coincidence that, in the
earlier period Of parliamentary history, this very
word tIpunsc, which has Of a!c furnished such fruit
fi! licrIc OF con:ciary, was habituaIly used instead
Of the phrase 10 strife CIT. III reference TO amendments,
and in tie in which The latter phrase las just
been explained. During the two ills. Congresses
der the present CONSTITUTIONS fad that in the Journal of
this body especially, Tie worl fpnnge q CONSTANT re-
currence: and that in proposing amendments /" bills, the
motion 10 rXpunge, instead Of strife u and when
carried the clause section which tic subject Of
i.n lunH lnmtI LII