Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-24
,Ewemty-fourtla Congress--Ist sess,
EXPURGaTTO.N OF THE JOURNAL.
SPEECH OF MR.. BENTON, OF Missouri
IL. Ia. II - =

OF MIX. BENTON, Missouri
In Senate, March 10, 1886
The Preamble and Resolution published in the En-
g1re5 on saturday the 18th ins) having been read,
Mr. Benton rose and said
Mr. President: comply with my promise, and pre-
sumo With the general expectation of the Senate and Of
inc reope IN bringing forward at the first day that the
senate is u and every State completely represented
my long intended motion expunge from the journal of
The Senate, the sentence Of condemnation which was
against President Jackson the session of
io35- "a; have given to my motion extended
basis and detailed and comprehensive form thar
II wore a It's iirst ntroduction and have done
Two reasons rs that all the proceedings against Presi.
dent Jackson, might be together and exhibited
70 the public at one view; secondly that
ior pugning that act of the Senate should also set
OUT and fully submitted 10 the examination and scruti.
ny OF The people. The first is due to the Senate that
all It's proceedings in this novel and mo,nentous case
should be fully known the second is due mpugn-
ers OF their conduct, that may seen now and in all
time to come, that law and justice, and the acous
'npuisions OF party spirit have governed conduct
1t has been by the reading of my resolution that
have reinstated and adhere the word expunge AT
the last session of the Senate gave way to the entrea
es OF iricnds and surrendered that word but had no
sooner made the surrender than had reason 20 repent
oil my complasance, and to revoke my concession
repehteu ana revoked in the face of the SENATE have
since examined and considered the objection with all the
care which was due 10 the gravity of the subject and
with all the Difference which was due TO the dissent of
friends; and upon this full and renewed considerations
remain firmly convinced of the propriety of the phrase
ana OF the justice of the remedy which it implies and
being so convinced, becomes my duty to present il
over again to the Senate, and submit decision to
their judgment.
n m ode
OF exPunging which avoids total obliieralon of the
Journal. have agreed TO. this mode of executing
the resolution, not from the least doubt of the Senate
right 10 blot out the whole obnoxious entry,-for il
part of my present purpose maintain nd to vndicate
that right not from compaisance merely TO my friends
for, of those who objected to the xuunonp nro
cess at the last session ready sustain in its
whole extent but have agreed it because while il
relieves the scrupes of some it pronounces in the OPT
mon oil others, more emphatic condemnation than
mere CELEBRATION would imply; and because it will ena
Bile gentlemen in the Opposition emerge from their
preliminary defences behind the the Constit
on and to come INTO action in the open field upon the
merits of the whole question: and thus my motion
upon the broad grounds of the injustice, the legalty
tue lrresuary, inc unconstituuonay, the fact
and the whole gross wrong of that proceeding against
the President, which II is my purpose expose to
correct.
The objection TO this word expunge is founded upon
that clause in the Constitution which directs each House
OF Congress 80 Keep journal Of its prOceedings The
word Keep IS the pregnant point of the objection Gen.
temen take position in the of that word and out
numerous and diverse meanings attributed to it by
photographers, and exempied by daily usage they
select one, and shutting their eyes upon all other
meanings, they rest the whole strength of the objection
upon the prepriey of that single selection. They take
the word In the sense OF PreSerre; and adberng
sense, they that the Senate is cons1tionally
commanded to preserve its journals, and that part
them be deiaced altered without dsreoardn tho
authority of that Injunction. free to admit that to
eStrce Is one OF the meanings of keep; but
out OF three or four dozen meanings which belong to
that phrase, and which every Senator's recollection
will readily recall TO his mind Ii is needless to
show by multiplied dictionary quotations in how many
instances the verb 20 KEEP displays Specification en-
rey foreign, and contradictory idea of pre-
serving few examples will suffice TO illustrate the
position, and TO bring many other instances the re-
collection OF Senators. Thus TO keep up, to main
tam 10 keep under, rs to Cypress keep house. is 10
eat and sleep at home to keep the door peope
IN and out 10 keep company, frequent one TO keep
mill, is To grind grain TO keep store to sell poods:
to keep public house, sell entertainments; TO keep
bar Is 10 sell liquors. to keep diary, write daily
history OF what you do and TO keep Journal is the same
IN utxA al thar H.
meaning IN the Constitution that it has in common par
lance When we direct person in our employment to
keep journal, we direct him to make one intention
Isl that he shall make one, and not that he shall preserve
old one already made by somebody else and this is the
precise meaning OF the phrase in the Constitutions That it
is So Is clear not only from the and of the
injunction, but from the words which follow next after
"dnd from time to time publish the same xcept such pars
as IN Mcir judgment require SecrecY This Injunction
to publish, follows Immediately after the Injunction TO
keep; IT Is part of the sentences and only APP
ply TO the makers of the journal. They keep
new one made by themselves, the old one made by
their predecessors Certainly they publish their
own, which they daily making and the one which
was both mace and published by former Congress; and
in this has the injunction been understood and
acted upon by the two Houses from the date of their ex
isence.
Again If this injunction to be interpreted TO signify
preserve, and be sunk the condition Of mere
keepers of the old journals where is the injunction for
making new ones? Where is the injunction under
which our Secretary is acting in writing down a
history of your proceedings tins my present motion
Jec There is other clause directing journal be
nade and If this Interpretation is prevail then the alb
surdy prevails OF having Injunction TO save what
there is Injunction to create THE absusity of hay
ing each successive Congress bound 10 the Jour
mails of lis predecessors, while neither lis predecessors
nor ITSELF IS required to make any journal whatever.
Again II the Houses be tie preseIvers and not
the makers of journals, then most inadequate keeper
~ provided; for, during oneaf the time the two Hou
not in session, the keepers in existence
for the Secretary not the House. during all ta
moey OF time there can be no keeper Of this thing
Which is to be keptall the time.
Again: If TO keep the journal is to old ones and
not 10 make new ones then the constitutional njunc
ton could have had application the first of
the FIRST Congress; for the Houses during that scs
sion. had preexising journal in their possession
whereof 10 become The constitutional keepers.
There but two inunctions in tie Constitution on
the subject Of the journal make it, the other TO
publish and both found ia the clause. There
specific command to preserve il there is kceper
provided 10 stand guard over it, The House il not thc
keeper, and never has been, and be- The Sc
cretary and the Clerk the Keepers, and they are
their custody aud The publication aud that is the most
eftcctual, aud in fact the only safe pseseryer What is
Published is preserved, though is appointed 10
keep it; what is published, is often lost though
committed TO the custody Of special guardians.
have examined this word upon its literal meanings
verbal critic would do IL but am bound TO examine
il practically statesman should IT, and tie fra.
Of the Constitution used IT, Those wise men dad
not invent phrases adopted them and used them the
known aud accepted by the communly Law terms,
as understood IN the courts; technical, known IN
science; parliamentary, known n legislation; aud fani-
liar phrases used by the people Strong examples Of
this twice ia the very clause which we have
been examining There is The word hOuse "each House
shall kccp, &c. Here the word house is used i'm the
parliamentary sense and means not stone and mortar