Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-05-05


Lultrcl. who had received u comparatively SIN al
number Of votes, was duly elected. was cspuneed
from the journal IN 1872. Mr. FoN, who had ear.
ncslly supported the rrsolulionSs OF 100, made in
deed a FAINT opposition To the oypunping OF them
so faint, that lac may bo regarded as having acqui-
esccd in II, and in effect given his consent
10 it. especially, rs he held position in the
House which would have enabled him TO pre-
vent the cxpunginr, il he had had any care
TO do so. The precedent would have been in
point 10 tho present purpose oi gentlemen, hut
Tor tins little clrcnmstance--that the House oi
Commons is MOI, the Senate al the United States
! Is, bound by constitutional provision, To keep II
journal al its proceedings.
There Is another case oi cNpnn INV hv the
House OF Commons, worthy of particular attcn-
ton, since We happen to have Lord Cha,ham's o.
/ pinion upon II. la l11O, the Commons, consd
erlng the publication OF accounts OF ihcr proceed
mus and debates violation OF their privileges is
sued warrants ior the apprehension OF the offend
me printers. some submitted ; some cvadcd thu
process. Ono arrested and carried before
| Alderman Mixes who discharged the printer, and
bound Inn 10 prosecute the person who arpre
hen led Inn ior an assault and false imprisonment.
Another printer, bcine arrested nv "A messenger ol
the House oi Commons, sent for u constable, and
delivered the mesScnee, into his custody aud both
parties were canned hciore the Lord Mayor Of
London the printer, Supposc, IN the custody oi
the messenger, and lemcs>engcr III the custody oi
the constable The Lord Ma> OF held the arrest OF
the printer, under the warrant of the House, lie
gal, and DISCHARGED h,m, and committed the mc>-
! sengcr lor ILLEGAL arrest aud ,mpiiSonmcni lill he
entered INTO II reropn1anre 10 appcir aud answer
IN Indictment or the offence. TIN, rrcoenlzan,c
was entered on ,lr book kept Ia, the purpose ; and
ms it was, in of forfeiture, 10 he the ioun-
dation ef judicial proceeding. II OF the
nature OF n judicial record. The Commons, an
cry ut tins resistance OF lis authority, brought
tho Lord Mayor to lhcr bar, and thought pro-
per To Mrcak vengeance upon the rcco.nzancc
he had csactcd OF their messenger, by eNpuncine
il from the book IN which it was written. Now il
happened that not long after the proceedings n
eainSt the printers motion made in the House
OF Lords 10 eNpunee from It's journal re-
solution it had adopted, dlsc'amlng all rigin
10 express any Opinions On the proceedings
of the House OF Common, in the casc of the Mid
dIcscN election /; and this proposition TO cxp,,nec
the resolution OF the Lords from the journal WAS
earnestly supported by Lord Chatham in debate.
But, in speech he made about the same time, ON
"A motion for an address to the Ming 10 dissolve the
Parliament, speaking OF the msdccds of the House
OF Commons, he referred to llru cNpnngmg of the
recognlzancc, (Which he Justly regarded as u l,,-
dical record aud SAID that ii was the act OF u mob
NOT of IA Parliament. In his opinion llrn, the
Lords might cNpungc resolution previously u
dopcd, from their own Journal. which WIS kept
only under authority Of tlcr own order hni when
the Commons eSInnged "A judicial record, which
the lar requires those entrusted with lis
lody To Keep, ho denounced II ms the act Of
a mob. In what words would that great and
,nluous statesman lave described such ac, ~
llal proposed to the Srnaic--hc DETACHMENT
fan entry from the journal III the proceedings OF
alcg>laivc body, which the Constitution ot th,
country, superior to the law, expressly cnIoncd il
10 keep
With respect 10 the case OF evpuntiiop by the
Legislature OF Massachusetts, have OIL, tn 81,
that the journals OF that body a,r only required 10
he kept by its own rules usaecS, not by any con
stltntIona provision. am surprised that the pro-
ecedng IN the Senate Of Tennessee should have
been referred 10 at all That body, sitting rs a cour,
OF impeachment, we are told, entered Judgment ol
acquitlal one day, aud the next day, the court,
henu not yet dissolved, cNpunpcd the entry. The
easc is precisely the same, as II Jury bringing in
u verdict sent back 10 reconsider il, and upon
reconsideration return n contrary verdict. DO not
gentlemen know that the judgments oi every court
Of Justice are in its own breast during the whole
term which thcy are pronounced, and thai that is
the reason why the court is competent to alter,
term
My colleague tells ,n that the House of Burgess
ses OF Virginia .Apunpcd the last, aud Ear the most
important of MI. llcnry's celebrated resolutions
in 100, and that the worest OF Our patriots con
cured in the aci. 1.-THE resolution was espnnr-
ed the prcc cdcnl would be nothing To the pun pose
because We know there was no constitutional
provision requiring tho Colonial LEGISLATURE To
keep Journals OF It's proceedings Im though the
fact is stated on the highest authority, | acknow-
ledge, yet cannot help thinking there may be
some mistake about it. There is evidence under
MIR. Henry : own hand, that he was not aware thai
the resolution was cxpunged; and II II was cN
plunged, all accounts agree that II was done IN his
absence 1t is upon the strength OF that very
olntion that We have claimed for hin, the honor oi
having been the first set the ball OF the Rcvo.
lion IN motion. II the resolution was cNpunord
the House OF Burecsscs threw away HE palm OF
glory which Mr.. Henry might have won, and we
of Virginia concedc il TO James OTIS and
Massachusetts. !, has hitherto been subject Of
honorable contention between
My colleague, with IA view To recommend the
cxpungng process to especial favor, took the pains
10 explain to us, III 1t, in every instance which h 5
been rcsorcd 10 in the English Parliament
the purpose and the effect have been 10 vindi-
carc some important principle of civil liberty.
The warmth OF la, zeal prevented him from pccci,-
inc the contrast which the story Of the pro-
cccdmg engaged in will present 10 the
world and to postcriy. 1t is as striking as ii is
melancholy.
Thus. in the famous case Of shIp-moncy, the
House OIL ,rds vacated and cancelled the opin-