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


duty il is 10 keep them, private rights and the secu-
ri,y of property can never depend upon them.
Important rights and interests may sometimes be
claimed or acquired | know, under legislative
acts bat those acts, flaws, are never spread upon
the journal, or n Joint resolutions they are enroll
led and preserved like the laws. nut of, and indie
penden, of, The Journal, and both are included in
annual and authorized publications of the acts of
Congress, which are received Ia evidence IN all
the courts, ~i,hou, further proof Of authenticity.
D;smissins, for the present, Mr.. President, the
authority OF prccedeats, there are cases in Which,
mon the mere reason Of the thing, think all
would agree that the right of ,lls body to espunge
m ru,ry from its journal would be UNREASONABLE.
The Constitution requires each House 10 keep n
journal Of It's prattedi1cs; that i. presume. It's
proceedings as a constitutional body. acting in dis
charge Of its appropriate constitutional functions
On this point, beg leave to read a passage irom
Mr.. Jeifcrson's Manual. the authority which ospc-
eialiy governs proceedings ~ ms hodN-a
massage Which seems TO mc TO have an important
bearing on the question we haNehcen considering
He saws: Where the Constitution authorizes
..ch House 10 determine tire rules OF its proes,d-
iass. il must mean, in ihose cases, legislative,
executive, or judiciary, submitted to them by the
Constitution, or in something relating to these and
necessary towards their execution. But orders
and resolution are sometimes ontcre3 in The jour
nalsha,ing no relation to these, such acceptance
Of invitations 10 attend orations, 10 take part IN
PROFESSIONS &c. These must he understood 10
be merely eonrcatiaRdf among those Who are vii
ling to participate in the ceremony and are, there
fore, p,rhap., Improperly pioefd oa"ng the re-
cords of thf House"
The result of this, rs il seems 10 ne, very clear
and Just distinction i,, That nothing Is 10 heregard'd
rs properly proootdHg Of ciIlior House, oi winch
q Journal is required 10 be kept, bat such acts as
are done in discharge Of the legislative, executive
or judicial functions, respectively, committed to
then, by the Constitution. II any &C, he done by
either House. not appcrtaining TO the discharge OF
its constitutional functions, that act ought to be
considered as ex,ra-ofic raj, or, as Mr.. Jefferson
expresses it, as merely Conventional among The
members participating IN II; consequently, mol as
n protftaiHg uI the bBdU To be rni red the
journal, and, improperly placed there, may be-,
and ought Ia be, taken of: " III tin, distinction a,
my guide, let me suppose case. Let us suppose thal
this BODY. initiating the irregular pnctlee winch
has obtained in some of the State legislatures,
should while still organized Senate, proceeding
the nomination Of President al The 5hitcd States
kt us suppose that the very resolution which is
now proposed to be espunecd had been used, as
il we'll might as preamble To such nomination
let rs suppose that the President had been in his
would have ION TINS: " Nhrras Audre~ Jack T.
son, the President OF Tire .nacd NlairS. has, in
the late Executive proceedings ia relation 10 The
public revenue, assumed upou himself nmhurii,
and power not conferred he the tonstituiiun anu
laws, but in drroea,ioa oi both aul ha, thereby
proved himself ~ orlhy 81 the confidence oi q
free People Resolved. therefore, Is the oninior
of the Senatr. tint ------b b.. and Is hereby
recommended 10 tlr eand fropIs II the l'nilrr
States as a most TT aud proper person 10 rcpac,
the said Andrew Jackson in the Office of President, =
&c.
Suppose, Mr.. President, that such a rt.solalior
had been adopted h> the Senate, organized rs II +,
nj this moment, yourself the chair, all the Sena.
tors in thcir seats, the Secretary hs table in,
yeas and nays called upon II, and tn resolution
finally entered on the loaf8al could >ueb a re>o-
luton, Notwithstanding all the senatorial form,
which might have accompanied II, lie considered ,
yroocoding OF tie Senate, within the meaning q
the Constitution Ga any one doubt TN, Ihrr,
would be full authority in tin, body, Nhrnit shonl,
see the error and rSt tendency at lis act 10 n
paago such resolution from It's journal Ifso
The question OF potecr Is settled and the plopriet
only of itsesercise would then depend upon a cues
lion, which will not anticipate the discussion q,
but winch il may be well TO suggest Tor the con>ido
ration oi gcnilrmen. whether the resolution artu
more relation To The tuacisns, legislative. rNecu
tive, or judiciary, cnIr>tcdhy tine CONSTRUCT ,
this hodv. tban the Irsou ian supposed would h.,,
had
While, therefore, Mr.. President, cannot d,,l
that there are cases III which an cntrA mprnrr,l
placed upon our journals, may be removed or e.,
plunged ihercrom by actual crasurc or obllIrratio,
j, must vet be- borne in mind that no such ollit,
ration crasurc i, contemplated or rcuuircd Il
the resolution under considerations II co,
templates a moral moi a phV>itai expmction-
anexpunoion of the act, without expnnpinp Nh
record. II seeks Ia deprive that act of all leo,
force and validity, by applying to it The appropr
ate and significant language OF parliamentary cor
demnation and, without crasng or ollirr,tir
the original entry OF ON the Journal, 10 aflix +
that entry visible mark, which shall show in n,
time, that the act there recorded had been rr,oL
cd, annulled, and repudiated b, the solemn iudc
ment OF the Senate aud the nation 81 that #
future search for precedent the act be found its
demnalion be found inscparabl, associated viii, ,
That TIN, Is the meaning and intention OF the ic,nl,
ton, Is shown 10y It's own express declaration 4,
it is objected that, IN that SENSE, tbc term cxn,nr
cd cannot be properly used. The question. rb,,
becomes one OF mere verbal criticism: and ,ufcI
gentlemen will ADM, that it is thu privilege ofpul
lie bodies as well as private nd, iduals, 10 de I'm
the sense III winch they use terms susceptible, al.
difference OF >ignlication. This j, e>nlie;,l
done by the resolution under consideration ,,l =
objections founded on the assumption oc = n,,,;,,
different from that IN which the resolution -
prels and defines its own language. mn<,. of nscos