Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-08

intent was expressly charged IL 'ne.e all .,y,h
fst r. Mr. W., that the resolution oil .hatch ~otH'
ms 10 a. hsyr proceeded from the Senate, nei'
x.cu,ye its legislative or Judic'a! character
h, 80 the powers guaranteed 10 'eih ihu'' co"G ''
~ -! t,.se heads, the conclusion was he'Iaoe, u'I,
' .o,,;cn was Unconstitutional. anu OF course nun
; ;I,u iuicricyer, without authority to stand On
I'm. journal, The Incumbent duty OF the Senate u
move the same. . -. =, a
Having SAID Air. W.. assumed as true, that sacrea
rerud for the Constitution, and Justice I" prosecuted
patriot, required the to be removed, II ieiaeu
ior h.;u ~ show how it to be done. laF!'aie",
tlrY usage, and the opinion OF Mr. Jeti'r>oI tt"e
substantial reason, Justify me III the ass'r'ioh' Una.
existing Senate has tie power to anPhG' c"'s''' -
alter lis Journal. AnG thus II The Senate Wc. pass
the ohm ous resolution, had subsequently, 'IeMeu "
IN tire iinh whc.. he did, they would nave 'au '' u"
th"rity make such Disposition o! u' i'S"'u. 49,,
now proposci; for it assured!y would ha'e oCen "os
admirable correction, not oi.y IN ms es''N' -, u
tie csiima,!on Of the people lie had tir n"n' y.
seat; AS certainly could subsequent Hc'!a'e I'VE
taken any action the jnnraal OF pfccro''s '2tn
ae as he should presently proceed 10 s't", "le
the pubic goad mi gin! indicate I'D: was I'e IJ t
III. CONSTITUTION in providing that journal slc"iu oe
ken, and nu,I,hed from time to TINE, nc: D'uoes'
the uruoiiun of the public good, by producing nhl'rm
" OF action bv establishing hx.dness IN Fc'fS' Alu en-
surrr representative responsibility: the very eSSeicc a
vitality Oft representative syse ana heHce tie 'ocIa'e
~ reo;,ed to keen Journal aud publish the sa;'ie But
no wkare does the Constitution say SUBSEQUENT |s
nate shall preserve aud publish The journal OF P'eetu
inc Senate unless it shall be for The promotion Oh tc
public rood Eyca then it is matter OF implication ana
that Is mode in which he did not like to derive au'hor
tv uaess compelled do, 10 prevent constant re-
to aurdi.ies ruin. The object then, Of the
Constitution is clear The proceedings which were au
,borizsd 10 be ionnased, such were warranted
| by the Cunst:uton-None other have the rg!t-noEe
other ouuh, tn stand on the journal. And have shewn
that the resolution Of MARCIA 2clh 1884 was neither Lee
gisatvc Elective, Judicial with the proper consul
.utIonal prerequisites aud Chat SUCH only ale Tue pro-
ton did not authorize it be put the Journal aud sure
" require it TO be kept there The question re-
cyrs is be removed, together with us lnJur
GUS consequences the Constitution and the tame OF
the President: No doubts the power to reScina
or repeal aly resolution OF the journal. but suiu
| Mr. W. to resciud repeal The obnoxious resolution
would not obtain the object-the rcparation OF the
breach i; made in the Constitution, and the COM
pete yndica,ion of the President. TO rescnd to
repeal designed TO destroy the legal effect OF any
law resolution: whether the same was properly
improperly passed-lt would not carry WIN IL the
conclusion, that the resolution wrong from the
beginning Fur. attending circumstances mig render.
the enactment Of law resolution highly exPedent
which the OF subsequent events might make IN
expedent, and repeal necessary. Besides, men might
come and see the journal The nlcuono the disgrace,
and never dream after time thata returning sense OF
Justice had caused the to he repealed rescnded
The use OF these terms, them SAID Mr.. W., could not
reach the object, but would fall far short OF It. lie could
not therefore them on this occasion. What term can
ton now proposed for option-Expunge. That is
what Justice requires; that is what giuletu people re-
uuire What is the meaning Of this word: Parliamenta-
nv usage makes to signify that the resolution sai!
stand for nothing Expunge, then, ~ the word and It
is the oay word dedicated to Parliamentary usage,
that can compass our object 1t reaches back and couples
itself with the obnoxious rcsoluonsaps Oh 1t an IN
delioe mark OF nation Observation-Disclosures the
proceeding he null and soid-that it ought never to
have had existence on the lbunal-and ca!i no longer
stand a tiGiag part thereof.
We have then. SAID Mr.. W. in bold relief, the bane
and andote side by side, in strict accordance with Ma
ture 5 plan. As well might the Senate have condemned
the House Of Representatives. tor derclict0n OF duty
prc.erring impeachment against the PRESIDENT,
and thereby destroying the beauty and harmony OF the
system of government ever created by human IN
Cenuity consolidated by human wisdom. The Execu-
tive is but another branch Of the same government and
the SAME consequences must ensue. 1t seems there
FORE imperative that should pass the resolutions, tina.
We may stamp the act Of the Senate an lndelibe
mark, that it may be known IN all alter tlme-yes the
mark OF Cain the slayer Of his brother.
But, it be said, cannot cxpunge, because the
Constitution say the Senate shall keep Journal aud
is destructive of the Journal Thus only De contend
ed for the supposon, tina! eNpunge means desuuc
tion and keep means to preserve neither OF which
do | grant The word keep has two meanings; and in
interpreting the Constitution, may not adopt that
which leads US to the most natural concIus!on Were
you merchant, MIR. Speaker: Ii you were not,
nave Seen-and kept Journal TO make entries IN II;
to copy correctly in it all the transactions Of the business
for which it was kept; but never thought necessary
to preserve it. The journal KEEP; in that unal
il copied into the ledger; aud AFTER that, II was oi
little importance. Did you ever act rs Srcrra
| ~ of meeting, Mr. Speaker: | have-and Consider
ed myself pledged keep faithful ou!na! Vi lis p1ocsed
ings but retain mrrcly to coPy them correctly;
and when published, tic original was thrown AWAY
Thus it is manifest that Keep does nos mean 10 pretTtt,
in the cases enumer Nor did he think it meant Ito
preserve in It's position in the Constitution the wboe
design being publish the Journal ~ ensure represent
alive responsibility.
The panic Senate that passed the resolution of March
%, 1884 took oath support the Constitution, ard
of course to keep journal Of its proceedings, and pub
!sh The same from time to time-whch done, and
canslitu,onuy done that Senate had fulfilled It's oath
But how SAID Mr.. W., stands the question O. sutse
sequent OF The Senate: The Senators OF -
80 take oath to support the constitution; OF course 20
keep Journal What journal do they swear 10 keep?
The journal OF former session; Surely not for if they
do, they 10 publish the sane which proposition
cannot for moment be admitted, from It's absurolt:
The new Senators, therefore, swear only to keep
journal Of their especial term Of service They, may,
thea. vote, without any violation OF their oaths to rx-
punge the proceedings OF former session OF the Senate.
and left free to act in accordance with the public gst
and hence 1t manifest to his mind. that not sDly
had an existing Senate right to alter eU6
their proceedings in conformity with ariamentsIy
usagr-but subsequent Senate has the right to rr-
pumge o!,rrae, the journa! Of any preceding
Senate, having sworn 10 keep, preserve snch
Journal and hence lis power limited only by the pub
lie good, the proposition lie set out to prove.
Having said MIR. w. shown that the resolution of
March 2ch lc34. UNCONSTITUTIONAL and therefore
w,uu, authority stand the journal; having shawn
that the present Senate bad on the constitutional
power remove, inark the same. but il their
| bounden duty to do, it now remains for in
tabisl the cxpedency of passing the resolutions
under consideration. What springs into action ihr Pa
trut What prompts to generous and patriotic deeds:
W hat makes 1t TO die for ones country? An hn-
nest heart, and a nations appreciation! Let pmbc
servant, then, doubt in the honest discharge ST
his public duties the ultimate approval of era.rsul
people II becomes you, to ebuke Factions unalloged
aspirations: and the faithful public in ti dark
OF trial and difficulty, will be cheered with tie
OF an bdng justice in the people, which though