Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-04-05

Now, sir, can the Constitution permit that 10 be de-
stroyed which it commands to be presereeds Let the
member from Goochland solve the problems The Con.
sttuon in this respect, is strkngly analogous the
law in regard TO the proceedings OF Courts OF Justice
Let II be that any Court of record jurisdiction
denied to II by the aw-that IL only violates the
law by entertaining the case at ALL hut also in that
case pronounces judgment in itself palpably unjust
the law requires that judgment to be recorded
Inc record thereof cannot be ennuled. The Judy
ment, according 10 established rules of practice may
be set aside; 1T may be superseded, II may be- re-
versed But to make VOID the record of the judgment
would he us palpable u violation of the law as II was
to take jurisdiction of the case, and TO pronounce
'he Judgment Sir, no member will contend that any
record oil Court of Justice lawfully be ex-
plunged or destroyed-and why' Because the law re-
4uires them all To be kept-inuch then this the
case IA TO all the proceedings of the Senate II matters
not whether the Senate have jurisdiction or not whe-
ter its decision be tight wrong the Constitution the
very lex legun OF the land, which all sworn to
preserve requires the proceeding be recorded re-
cord thereof TO be k and therefore fobids all cxpung-
ing IN every form-prohbits every thing which is IN
any way to impair that record, or TO such
longer to exist Sir, the difference between annulng
repeaiing or resembling resolution and expunging it,
is obvious The former terms apply 10 the resolution
only In ITS influence, its virtual operation or effect
Expungng applies always the record of the resolu-
uon; Therefore, while 10 repeal annul to rescind
resolution is constitutional, the Constitution in requir.
ing record of it to be Kept utterly excludes
IN any mode or degree whatever
Mr. Speaker, what does it profit the argument for ex.
pungng, If dlgent and laborious research into Eng
ish history may find two instances of sometime
Ike II IN the of three four centuries The
Ponuea power oil Parliament, sir, is unlimited it is
bounded by no written Constitution; it is defined i'm
TINS respect by clause requiring record of their no
ceedlngs to be kept According TO the theory of The
English Government Parliament is omnnoep;. 1, ,,n,,
10 any thng; and theefore from its this respect
no authority can be derived for the Senate of the Uni
tea states One case of expunging sir in our own Lc-
g'siature and the only one known its annals has
oeen lately called up from the thrilling history of DAYS
long past, and presented to attention 1t was sir
as The u e spirit OF Henry towering and sublime
Tree as the air surrounding them by matchess clio.
uence ruled the free minds of the Wings Virginia and
arrayed them IN opposition to the usurpations Of the
BRITISH Crown 1t was then that resolution condemna
tory OF the stamp act suggested by that master mind
and adopted by the friends of English liberty and Anne
icah rights, was, alter many of them had left for their
homes expunged from their journal by the advocates of
kingly power Will gentlemen plead this as a case in
point! VIM they say, that those of that day who adj
vocated British usurpaton or feared TO condemn !, ~
plunged from their journal the evidence Of that conda
ne,on, so VIII we expunge the Senates journal which
condemns Tie usurpations of own Executive--ex-
Ponge the resolution of the Wings of the Union which
usurpation as clear and papabe as any that
marked the of Colonial wrongs ) Sir nyc a"a
gentlemen have disposition to RELY upon t6;s case
III ihey DO 1T is no authority No constitution required
record OF Their proceedings to be kept; none therefore
forbade PAD any part OF them to be expunged.
But, sir, if the Constitution did NOT forbid ,b;
act which Is now required to be donef the sentiment
On Ie oil me Senate were not ustwere pro-
perry there insered-why expunge it, Il is moi like
The repeating of law the reversal of a iudgment
whereby the operation and effect TO cease The Sc
nate resolution is simply Legislative expression of op
mon on the part of the Senate who adoped II aud ~
punge as you may, that opinion will still remain the
s1I ~ IS mere abstract sentiment. 1t has gone
orh 10 The world Ii exists in thousands of records ali
over the nation. 1t has discharged It's office IT,
though you should instruct your Senators TO draw bocI
hes around IL on their journal, and write expunoed
over 1t, you thereby its existence ms racor5 On
mat journal to cease yet, far as the effect and -
on oil mat resolution is concerned, you might as we'll
instruct them 10 remove the carpet from the foor c
the Senate Chamber. If you could pursue tLot re
solution OF the Senate wherever il is found tbrongb
The thousands of journals and periodicals from one
extent oil The Union
existence from them all, its sentiments still wonId I've
wnee your power can never reach deep and unfading
al the heart ana memory OF every good Wing of A,ner
ca III VIII always be cherished there The nrincinlas
whIch III ncucaes of opposition to usurpatons of ~,
' WIZ Is hoPed be perpeuated to the latest posteritv
for these principles, the friends of the Consiy
ton, the Union and rational Liberty must vigoronsiy
ana perseverngy contend If they relax their efforts
In despair, or if those efforts fail the American ,o,
VIII nave proved that il is the destiny of mnn II, m H.
capable OF selfgovernment. They have now 10 confd
against fearful odds-Arrayed the side of usurpation
o. patronage and or power the pensoned host of Of
hce holders forty thousand strong who are staonra
every point most favorable for efficient partizaD
VINO are banded together animated by the hone of snoIs
and ex-oiico, are compelled sustain the Execu,;v
ana MS dictated successor in all they have done are
uopg ana mean to do hereafter. In aid of these come
,ie 'ehai partizan presses procaimng millions who
near none but their misguiding voice. that alrs we'll
That the Executive has done, do and can do
nothng wrong-that his own appointed successor for
wh"n IL was once glory enough have served under
him. Is alone invested with his virues-is alone ent;,d
to the higher glory OF succeeding TO his rule and @
petuaVng ms measures. Add to this combined army
majority OF Congress and minority of the Senate Who
go Tor their party right wrong who sustain its in
erest ana promote its strength the name of the neo
pie submit to the power and controu of the Execniive
some oil The most important rights of the people and Of
rer representatives. Sir, to make this array still more
Iormluape, let the Executive command the public mo-
hey, as lie claims right TO do-then let him ret nm
some Pretexls to organize military force and the lber
his will w Po"u upon
Sir what are we called to do Shall we NOT con.
tend against this formidable array? Must we be com
PEELED 10 go still further and yoke Virginia to the car of
EAeGuuve triumph' Must we make her soop from The
heights OF her ancient renown pamper the nrde of
Executive power already swelled great an extent
TO administer balm to Its slightest wounds bv reonr
ing her Senators to mark with disgrace on their ionln
ihe resolution condemning its usufpaonss Oh no. sri
Let u not be- Truth and justice, liberty and he Con
stuon The principles of the glorious patriots of other
are on our side; with these, let oppose all this
formidable array Let the mountains and wales If VIZ
gina IN, s'l echo iIe sentiment, Sc semper Tyranns -
LEI US resolve that we can QHeaven hepi1g us1and
that we viii preserve the Constitution and the Union
the rights and liberties of whole counirynow md
forever. "J -"o" ahu
SKETCHES OF THE ACTS
f3SSea Oy me General assembly If Virginia at be he,