Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-24

morning. the leaving open in his Office Tor The i'pHc
ton Of The public, publication III M tiis I-'
! publication would comply with tho let. .h' C"nsIitu-
/ ton. Butthr comnon sense men who framed lie Con-
stitutionused the word its popular III syn'Hy
NOUS with printing; and in that las been under
stood and executed by Congress. Sn OF TINS phrase to
keep journal: the fruner, of the Constitution found It
in English legislation, in English history and in English
!e and they usrd il they found IT, The traveller keeps
journal Of his voyage; the natural philosopher OF bis
experimental the Parliament OF It's proceedings; and IN
every case The Gcanln. OF the phrase Is the same Our
constitution adopts tie phrase without defining IT. and
Of adopts in the in which was known
iii the language from which it borrowed. So OF the
word proceedings; it is technical, and person who
has not studied parliamentary law can tell what III
cudes. Both in England and America, rules have been
~ define these proceedings, und great mistakes
have been made by Senators acting under the orders
Of the Sate in relation TO proceedings in executive ses-
sion Grave debates have taken place among ourselves
know what fell under the definition %! proceedings,
and how far Senators may have mistaken Tia import OF
order for removing the injunction ui secrecy from Tie
Senate proceedings Every word in this short clause
has parliamentary sense in which it must be under
| stood House, -keep-publsh,- proceedings-a are
parliamentary terms Is here uscd and must be construed
by statesmen with the book of parliamentary history
spread before them, aud not by verbal critics with En-
!, tick $ pocket dictionary in their hand.
Mr.. President, we have borrowed largely from cur
English ancestors and because have borrowed,
results the precious and proud qualification that our
America ranks among the great and liberal powers
, of Tie world. We have borrowed largely i"on them;
but not 10 enter upon field which presents inc Xlaust
Bic topics, limit myself to the precise question before
the Senate Then, sir, say, we have borrowed from
England the idea Of this CongrcssIls two Houses
their nizaiun--thcir forms OF procccdng-lhc laws
for their goverEmcnt-and the general scope OF their
powers and OF their duties-wilh the very words and
phrases which define every thing; and clear and alb
suluc is all this, that, whenever not altered or mod-
fled by our own Constitution, our own laws and our
rules. the British parliamentary law Is the law
! to Congress, and such is read, quoted, and
enforced every day The English Constitution re-
Qurrs 4 Par!iamrnt-a Parliament OF two Houses
and it REQUIRES each House TO keep journal of its
proceedings; and that duty has been performed with
fidelity, jealousy, care, and courage which shows
them 10 have been vgllat and as faithful IN the pre-
servaion 1i their journals can ever be- The pa
res of their journals are traced back in continuous
| line to the reign OF Edward the Sixth. The clerk OF
the English House OF Commons was the keeper Of the
Journal and he took oath to make true entries,
membranes, md JOURNALS, q TIC M'ngs done ana pass
cd IN The !OgS: u Commons AS Tar back as I'LL the
clerk moved against for suffering his Journals, OF
papers committed 10 his lrls to be taken by members
OF the House from the table, and it declared, "uat
Il tras fundamental order Of the House, that the clerk,
tcho is The officer. and entrusted "tM the entries
and the cisOy If INC records IF the HouSc, ought not
to suffer any journal record 10 be ahen from The ta
bic, u is CUSTODY; and that he shaN hereafter
do IT, after tbs ,cariny that at ms peril he shat do a.
Many Instances in tho parliamentary history of
Engana, ri cprllnands upon members for slight
ana innocent alterations in the journal, and merely 10
make item c"n!ornabe 10 the fact the House Of Com
mons permitting none but the House itself TO meddc
with the Journal and when King James The FIRST sent
for the ourna and tore out of The celebrated dcclaru-
ton OF their privileges, which the Commons had made,
the House took ctftctual that THAI declaration should
be the better known and should be held the more sacred
for that very attempt TO annhiae it. And 10 comprise
the whole III wore, and 10 show the reverence which
the English Parliament had for their Journals tic two
Houses as TAR back the reign OF Henry the Sixth
by act of Parliament, affirmed them 10 be records
and compelled the Judges TO recognize them such
(Sir Ed'rnrd Cole IN i Inst. %, 2l) This suii-
crs 10 show the high and sacred character Of their
journals in the eyes Of the English Parliancnt but lEis
high and sacred character did prevent the two Houses
each in its sphere, lom rec,ty!ng any mistake III the
journal, cxPungny from H. by total obIitcrat!on, any
entry that Unconstitutional, or untrue IL law or in
fact OF unfit To- be drawn into future precedent. The
business Of rrcti:ng mistaken erroneous entries
the journals is old the journals themselves. The
| notification is made by committee appointed to inquire
into the facts. and TO report them to the Hnusc; and there
is Limitation OF time upon these Inquiries. distances
which tic erroneous entry has been corrcctc
four Yeas after the mistake had occurred. The rxPunc
ton eypurIaon ui the Journal, and that by total OUiI
rraton OF any improper matter pat into it, early
least in England, Lord Straliords in the rryl
| Of Charles the First, and as late as the hliddeseX
election in the reign Of George the Third i have
found instance in which the right or the power OF tiie
House lp cxpungc has been questioned. have
10 instance in whIch tie duty TO keep journal Of lis
proceedings has been set up N opposition ~ any motion
to cxpungc unfit matter from the ournal and therefore
hold tic settled law Of Parliament that each House
has power lis JOURNAL both to correct It, and
to cacc objectionable matter from it. And THIS, Mr.
President, brings TO the law of Congress, and the
power of the two Houses their journals. What is
the la OF Congress Ill regard 10 lis and dullrs
tits the LcE Iariiame nturia- is the law Of ParI!anent,
except where changed, modified by oursclvcs This
is SD entirely the cusc, that every book that have
Oh parliamentary law is English We have not book
on the subject nor treatise; nothing but the
Hanuat Of Ar Jefferson, which is i'll itself an abstract
from the English books, it'll the changes and nodica-
tons made b. rules and CONSTITUTIONS Our Whole
code Of parliamentary law is English; and wllue|cT
wishes understand ii, goes to the Jour aaro volumes
ri iai;cll and Tic less yOunnous compilations OF Grey,
Elsypr,. and Dcwes Mr. Jefferson Manual is little
noc imam I'll index to these books, and is declared
BY himself aHd intended to supply III slight degree,
the want those books in this country His own words
in his p.,cc, and line authority OF English pGraIncnta-
! ~ practice, where not controlled by rules
Constitution will he too instructive OH this OCCASION 10 be
omitted, and shall accordingly read passage from the
| Erri.cr 10 his Manual!
Cons!.rimg therefore, the law roce ing in the Senate
CONFUSED OF The ptccrps iu.:o, regulations
SENATE nn silent, Of tc ru o. pat!anen haro
COLLECT digest much OF 'ose US is called Tor III
ordinary iGtic', coiiaiing tic Parliamentary with tho Sena""!
n's GT; M:ii n t Iss una H m"oc s! .s ' ~
Win he anda; Ly wir ndse all am willing to DO
nlr.aliun among IIa,se's valuable book
r;ur m ~ he "a, ONLY treated some general hcuIs hay
Obliged authorities support Of number VI COM
!Grs practice, TO witch his plan did not doScend
The authority OF the English parliamentary law is
here rccumuzcd aud Lroug into action over the senate
in every which the preceptS OF the Constitution
and Tie rules If hc Senate silent; and on the head
o. expunglng both silent: the English parliamentary
law therefore, takes effect. 1t is 10 purpose that
gentlemen may 10 that poor little word Keep IS
~ the In giis Constitution, and in the English parl
mc,.ary law as much as it is in But no one IN
England thought of that word except injunc
l.on maze journal. No one ever thought OF 1t as
constituting the House of Commons, or the House OF
Lords the cuSOs keeper, preserver, of the journals
an office which cannot be performed by collective body
but there here and in law well in fact the Sec
rotary and the Clerk the keepers OF the history OF their
lIE,r. yI,, tam In
written nd thus hold that tie rig lit Of cxPunglng
to entire obteraon, is completely made out; OF