Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-04-25

'iearirig the speech OF the eehtichaH hp"' Soh,h
Carolina, hu, he inferred from reading it that he
considered the parliamentary practice oil Great
Britain as, a, lcas high authority in reference to
inc Question, then under discussion I am NOT at |
a,l DISPOSED (said Mr. r. to question the propri-
CIV Of the application then made by the Senator /
from South Carolina Of preccdcn,s from the En- !
elish parliamentary practice. ] mean only To say
that, however applicable the, may have been on
that occasion, they are at least much so on the
present.
The precedent. ia the British paslamc n'ary I
practice (w!,ich II mus, be admitted, In, furnish
cd the model, ard . srcas extent, tho law OF the
proceedings Of our rilssve bodc, here. and IN .
every S,..c Of l., union,) are. on the suhjce,
no- under ecns, .aion. full, u,eqnsoea and
conclusive. Some of them have been me ''nod
en- this fonr, and are familiar to the IN Is 81 ge.
temcn. ! will moi repeat them bu, there are 20
cases which, believe. from the peculiar grounds I
OF, which thew stand, illustrate so forcibly the sn-
perv isorv and controlling r1wer of parliamentary
bodies over their Journals that will take the lib
erty Of OBTAINING the Senate few moments with
their recital. In l667, Skinner, an English
merchant, presented petition TO the king, COM
planning of various wrongs and outrage. he had sns-
tanned from the Eas, India Company. The mat
ter was consdt red noi equitable ~ the ordinary
tribunals, and was referred by the kins 10 IL
the Jurisdiction Of the House Of Lords. uui they
nevertheless took cognzance Of tie affair and f.
nallv entered Judgment in favor OF Skinner
paiast the East India Company, for 5,Oooi dam
rcs This proceeding was Immediately and cnr
ncs,ly resisted be The House of Commons, con-
,rsry 10 the law oil the land, and al invasion OF tho
rights of the People. A vio'en, and proiracled
controversy ensucd between the two Houses and
the Lords being compelled al Last, after struggle
Of eighteen months, and repeated prorogations OF
both Houses, to Weld their claim OF jurisdiction,
they eIpungtd from their journal the judgment
they had entered in favor of Skinner against the
East India Company, aud the whole OF their pro-
eecdings connected with il; whcrrupon the Com
mons, in like manner, crpnnced from their Jour
nal the various resolutions and proceedings the,
had adopted. In this instance, ser "A proceed
ing even of judicial character, under which pri-
waite rights might be claimed, Trpmged, IN virtue
of the high Discretionary authority vi parliamentary
bodies over their journals and IN such a case.
perhaps the cypunciion is admissible. mainly on
the ground ihal the obnoxious proceedings took
place 10 the exercise o.. IN ,Hegai jurisdiction, ut
last admitted TO be such, and intended TO be re-
nounced, in fact it was nali, abandoned, by the
act Of erpanging the Judgment, which was its
fruit
The other case to whichl have alluded occurred
in the proceedings on the recognition bill IN loou.
A clause was introduced into that hill ON the
ton OF the Wing party OF that day, and the friends
Of the revolution, declaring that he acts of the
Convention Parliament though assembled without
the formaliiy III a royal Summons, were GOOD and
valid. This strongly objected 10 by the
tory lords !, number Of whom by tho leave NJ
the House, entered their protest against II on the
journal.
The Senate well know that it i, II distinctive
and fundamental principle in tho constitution OF
the House of Lords, tina, any member number
Vi members, dissenting from measure which has
passed that body, have the right, with the leave
Vi the House, To enter n formal proftsf against
/, on the journal la this case, the leave OF the
House was granted. The righ, OF the protesting
lords became thereby vested and complete
and vet it appearing, on subsequent esaminaiior
vi the protest, that the grounds of objection takct
in it assaulted, and were subversive of, the prnci.
Piles of the Revolution, and settlement of the Gov,
vernment Just accomplished, the House ordered il
40 be tIprHged from their Journal which ordci
Gas carried into execution, and gave rise to ano-
sler protest tor expnngng the former p' otest.
But the prccedcnts Of parliamentary cxpnnp
ing are By no means confined to tie land of ON
ancestors, from which We derive the model II
our parliamentary institutions and proceeding,
Similar Instances have occurred ia our own eoun-
luent sswell as previous ~ the adoption of the pre-
sect Federal Constitution, both in the sla,eand il
the National Legislatures. There is case in III,
history If my own State. which, as there ap
pears 10 have been singular misconceptions ahon
il, the Senate will exec te me- Tor me .tloning me
what in detail. refer 10 the expunting OF Il res
olution of Mr.. Henry, which took place in th
House of Bnrsesses of Virginia in 400. Tn.
transaction has been referred TO MS an odious am
aboriive attempt At cSpnnging made by the k,ns
party in the House Of Burgesscs, which was as
teased by the energy and talents Of Mr.. Hem,
Such sir, are not the facts, transmitted TO us
the most unques onable contemporary trstino =
The attempt 10 eIpangc was not defeated. ] j.,
proposition. on the contrary, was carried. J. wa
carried, not by an odious Kings pa,tg, but viii
the concurrence, as are authorized to beliey
from the only account cNtant of the transactions q
mea who were, and who proved themselves to be
among the highest champions of American free
dom and Independence /; such men as Pevtor
Randolph, the President Of the first American
Congress, George Wythe, Edmund Pendleton
Richard Bland, Richard Henry Lee, all Of WHOM
afterwards pu, their hand, to the Declaration o
American Independence, or bore n conspicuous
part in the deliberations which led 10 and establish
ell II. The circumstances were these Mr. Hon
ry moved series of resolutions, five in number
declaratory OF the rights Of the coonisiS. The
four hrst OF the resolutions merely rr-affirmed
what had been earnestly asserted only six month,
before by the House OF Buryesses in three several
documents of the most solemn character an address
10 the King a memorial To the House of Lords
and a remonsirance TO the Commons. TIL, Gf,
resolution however, went somew hat turtle, and