Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-24
H'wesaty-sourtEa Coaagrc*s--1ss sess.
ENPCRG1TIO.N or THE JOURN.7L.
SPEECH OF MIR. BENTON, Of Missouri.
In Sem tS ~

qrer on Saturday, the l9lh inst) having been read
MIR. Benton and said
Mr. President: comply with my promise, and pro-
sumo with the general expectation Of The Senate and Of
the People, in bringing forward at the first day that the
senate is iul, and every State completely represented
my long intended motion cxpunuc from the Journal Of
the Senate the sentence Of condemnation, which
pronounced against President Jackson the session of
io"|- "a. nave gwen to my motion more extended
BASIS and more detailed and comprehensive form, than
II wore at It's first introduction; and have done for
two reasons; FIRST, that all the proceedings against Pcs
dent Jackson, might be set out together and exhibited
10 the public at one view secondly, that
tor lmpugnlng that act of the Senate should also be set
ont and fully submitted to the examination and scruti-
ny OF the people, The first is due the Senate that
all lis proceedings in this novel lnl nIonenous
should he fully known, the second is due TO the mpugn
crs OF their conduct that it may be seen now, and III all
time to come, that law and JUSTICE and not the facous
inpulsions OF party spirit have governed our conduct
1t has been by the reading of resolution, that
have rensated and adhere to the word eXpunge At
the last session Of the Senate gave way to the cntTea
ties Of friends, and surrendered that word but had
sooner made the surrender than had reason 10 repent
OF my conplalsancc, and to revoke my concession.
rcpencd and revoked in the face OF the Senate. have
since examined and considered the objection with all the
which due TO the gravity OF the subject, and
with all the Difference which due to the dissent of
friends and upon this full and renewed consideration
firmly convinced of the prnpricty OF the phrase.
ard Of the justice Of the remedy which inpIcs and
being convinced: it becomes my duty to present it
again TO the Senate and to submit the decision to
their Judgment
1t is also seen that the resolution prescrbcs mode
of expunging which avoids total Oblcralion of the
journal | have agreed TO this mode OF executing
the resolution, not from the least doubt of the Senacs
right TO blot out the whole obnoxious entry,for il is
part OF my present purpose to maintain and to vndcae
that g t not from conpuisancc merely to my friends
fer, Of those who objected to the expung ing pro-
at the last session ready to sustain in lis
whole extent; but have agreed u it because, while it
relieves the scrupes of soe pronources in the OPT
uion Of others, more emphatic condemnation than
CELEBRATION would imply; and because it will
bic gentlemen in the Opposition TO emerge from their
preliminary dcfences behind the screen of the Constu
lon and to into action in the open field, upon the
merits of the whole question: and thus meet my motion
upon the broad grounds OF the Injustice the illegaly
the rregnlarty the uncOnsttutlonaty the error ct fact
and the whole gross wrong OF that proceeding against
the President which it is my purpose 10 expose and to
correct.
The objection to this word expungc, is founded upon
that clause in the Constitution which directs each House
Of Congress ito Keep journal IF is procccLings The
word Keep is the pregnant point Of the objection. Cen
enen take position in tho rear OF that word and out
of the and diverse meanings attributed to ii by
photographers, and exrnplied by daily usage, they
select one aud shutting their eyes upon all other
meanings they rest the whole strength OF the objection
upon the proprety Of that single selection. They take
the word IN the sese OF preserve; and adherlng 10 that
seHse, thew that the Senate is constluonully
commanded 10 preserve its journals and that part
them be deiaced altered, without disregarding the
authority Of that Injunction am Tree to admit that to
| &c,
must te permitted to AFFIRM that it is meaning only
out of three four dozen meanings which belong to
that phrase, and which every Senator'S recollection
| will readily recall TO his mind 1t is needless TO
thread the labyrinth Of all these meanings, and to
show by multiplied dictionary quotations in how many
instances the verb 10 keep displays Specification en-
trely foreign, and contradictory TO tine idea OF pre-
serving. few examples will suffice TO illustrate the
position, and TO bring MANY other instances 10 the
collection of Senators. Thus 10 keep up, 10 main
tain 10 keep under, is to opprcss to keep house, is 10
eat and sleep at loc 10 keep The dou Is TO let people
in and out To keep company, to frequent one 10 keep
Il mill, is grind grain to keep storc is to sell goods
to keep public house, is 10 sell cnlcIlnmcnl to keep
bar is sell liquors. 10 keep diary is TO write daily
history Of what you do; and tpkccpa journal the
thing II is to make journal and the phrase has the
meaning in the Constitution that 1t has III cUrncn par
lance When we direct person III our employment 20
keep journal, direct lE to make one; intention
is that he shall make and not that he shall preserve
an old one already made by somebody else; and this is the
precise meaning Of the phrase IN tic Constitution. That II
So is clear not only from the sense and reason OF the
Injunction but from The words which fellow next alter
"and Om time To Time publish The same. cree snch parts
as IN their Judgment require secrecy" Tins injunction
to publish, follows Immediately alter the injunction to
keep it is part OF the sentence, and can only APP
ply to the makers Of the journal. They are TO keep
journal, ana to publish the same. Which same: the
new made by themselves or the old one made by
their prcGeccssors Certainly they to publish their
own which they daily makIng and not the one which
was both mace and published by former Congress; and
in this sense has the injunction been understood and
acted Upon by the two Houses from the date Of their
| istcncC.
Ara;n If this Injunction 10 be Interpreted 10 signify
preserve and we TO he sunk To the condition Ot mere
keepers Of the old journals, where is the Injunction for
| making new ONES? Where is the in junction under
| which our Secretary is acting Ill writing down a
history Of your proceedings ON this my present motion
| There is nothing else i'll lie Constitution upon the sub
cc There is other clause directing Journal to be
made and if this Interpretation is TO prevail then the ao
surdly prevails of having an injunction to save what
there is no injunction IL create Inc apSuFuy OF nav
ing each Congress bound to presciv the jour
nails of lis pcdcccsscrg while neither lis predecessors,
nor ITSELF is required make any journal Whatever
Again II the iouscs TO be The pIeservers and not
the makers Of Journals then most inadequate keeper
is proyidcd for, during onelalf the time the two flou-
sc are in session. the keepers are not III existence
for the Secretary is not the House. and during all that
mocty Of line there can lie no keeper OF this thing
wIiyii 10 ~ ~. hoIf ii, IT," time.
Again If keep the journal is 10 save old ones, and
| not to make ones, then the constitutional injunc-
ton could have had no application to the hrs: session Of
the first Congress- for the two Houses, during that ses'
sio had no prc-rxisling Journal in their possession,
whereof 10 become The constitutional Keepers
There are but Two niunctions in The Constitution on
the subject Of the journal one 10 make ~ Inc otrr ~
publish 1T and both found IN the same clause ihetc
is 10 specific command to preserve 1T there Is no Keeper
provided stand guard il. The House Is Mot me
keeper and has been. and never can be- Inc Do.
crelary and the Clerk the Keepers and they are no'
the Houses, The only preservation provided for Is
their custody and The pub!caon and thai Is tc icS'
ehtciual aud in fact the only sal; rcscrvcr WHAT Is
published is preserved though Is appointed u
keep it; what is not puLIishcd, often lost, though
committed to the custody Of special guardians.
have examined this word upon lis .eIa meanings
as verbal critic would do il; but am bound to examine
il practically as should srr il, and as HE Ira
ocrs of the Constitution used it, Those wise men dic
not nven, phrases, adopted he and used thcmln '
sense known and accepted By the community law terns
as understood in the courts; technical, as known II
science parliamentary, known in Legislation; and TAM
liar phrases as used by the people Srong examples
this occur twice the very clause which we nav
been examining There is the wod house: "cach !l0us
| Ier Inc word hnuS, Is used IN III