Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-04-28

thing Itself.
Again, SIR the term cancel, if not of preeiscl !,
the same, is certainly of very analogous import It
the word erpmge. lis genealogical meaning a
well as that which is given TO it in the legal dehni-
lion, TO destroy deed or other writings by dfa"
ing lines il in the form of idtttfe norh. II
is principal branch of the common law lurisdio-
ton OF The Court Of Chancery in Eng cancel
Letters patent, (Which records,) obtained rom
the Ming upon false suggestions, OF otherwise VOID.
la bnih legal and popular phraseoloey We speak
of a deed ~ will {llso matters Of record being
/ cancelled by the decree OF a court. Now, sir, M
! these cases, presume the Lord Chancellor does
not actually draw lines IN the form OF lattice work
/ on the letters patent which he odH6tfs; nor does
the eouri nun the pen across tho will or deed which
Is cancelled and set aside by its decision. On the
contrary, is the decision of the CHANCELLOR or the
decree OF Tie court pronouncmg the patent, will
ordecd To be- fraudulent & void, which, per SC edn-
tois: ta, is destroys its legal validity and effect
While leaving the record OF lis material existence
uuimpaired. In Ike manner the word elPnnge,
IN the present instance, cScrtS ITS Whole fotor on
the legal act precedent itself without lmPdlrlag
the written entry Of IT upon orr journal.
The Illustrations furnished by familiar parlla-
mcntary proceedings are not less iorcible, while
they have the advantage OF coming still nearer
/ home TO us. When a motion Is made aud carfi-
cd 10 ","e 0m cause OF sec.on VI pi'' J"
not as ! understands ao'uahs s""Nen gu, " ""'-
ri win TIE pen, hui the portion Vo''d 10 pe siieN
en- out IS indicated by Sn''doio haa'hs, WI" 'oi-
responding notation on Tue margin o' 'e ohl' u oH
separate paper, and is considered stricken
oW ~ 'hh Woie ioi'e o' ''lc 'o'e' hr' u u' ~
/ ted 10 be DONE is BY parliamentary fiction, you
choose considered Us actually done. II IS a sln-
sular coincidence that, IL the earlier period OF onr
! parliamentary history, this word eIpunge, which
has oil I'ie FURNISHED Sueh lui''u' ''e'ho u COM
mentary, was han'ual's oseu 'ns'eau Vi inc
! phrase 10 ." nc "Hfi ~ icl'lehoc |" a'"c'ei"c's'
ana III INC >oi>e Ia "'l'h nc 1iN'i l''"dN'
mas lus' i'eh 'sp''it'' hu'ihp ne TWO ms,
Congresses u1d lie gu Constitution, ian
that, IN the Journal oi thus body especially, TIC
word oPR"Se Is oil constant recurrence ana u'"'
IN proposing amendments 10 bhis, the notion was
to eApuhgr, instead 81 H'"f 'W ana "l'h car
rcd, the clause or section "n''h was ie Hop's' o.
the motion was SAM 10 be- fiP""S'"' lh"ush as ~
The case o1 "'h"S oW, 'htte was no aein'i 1"S"ff
"iaeh 1t no" cohlcndrd Tue ""Id necessarily
imports rom lis frequent recurrence IN Tic
same appl'' dlton IN Yates stopott "i the proceed
mg> OF the Convention which iofmrd the Constiin-
non, We a'r authorized To inter that lis use IN the
sane sens" was also 'amIlar ano die lcaiG'
statesmen Who composed iia' Ill" ffous asNen 70
bly,.
bul Perc Is an example oil ITS use winch can
not lofhraf 10 "ttll"o.
In the dr'ne't oi The Declaration o' ind'Pen-
renee liN significant N"fa IS oA'd III Tie very
'cnse which Is assigned ;o't on the present o.
ea>lon. Alter stating the fundamental pancPl'
Of the rght OF the people to alter orabolIsh e'r ln>t
liof, afIgI "hoh prudence requires should moi bt
cNctoHcd Tor hight and transient causes, and, &C
cufdinelN, that All experience bath shown mankind
more Disposed to suffer- "'ir evils are siderable
tllan 10 abolish the lofms TO "lIeh They are acees
toned, the following pregnant sentence occurs
" Such has been the patient endurance oi the>'
colonies, ana such Is no" TIE necessity Winch con
strains them 10 cfpmSe Their former systems OF 20
Nernment.
Now, SIR, MS MIR. Jefferson was What Lon
Clarendon, think, called John llamPd"n, II Q
and btdHfh man, he might he considered, perhap,
both III temperament and principle, as an crPui
GER, 1t may not therefore, he improper 10 adj
that his word sl"od IN the Declaration Of lndcpen
dcnce, not only Is II came from the pm Of MI
Jefferson, but as II was reported 10 Congress, am,
sanctioned by the rest oil the committee, by JOIN
Adams, Brnlanuh Franklin, Robert Livingston
aud Roger sherman. What, si, did these grsa
men and illnsiiious patriots moan by cNpuneln
. our former systems "i government : Did tie
mean thal the roRdt HdltcfS, IN Nhich these s1s
tens of government existed and were deineate,
u were to hc erased and otHef"fed with the pen. i,
= modern commentators would lave US b,c,
q the word etpnnSe can only meant No, sr, the
e meant a>we mean on the present OCCASION TIA
the inStdntion, the act should be ,1pangCd, leasn
,l. ,i,,iti