Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-04-28
vol. XIU:.....NO. 50.

No ingenuity, MIR. President, however great no
effort Of mind, however gigantic, can ever succeed
in the attempt which is made TO reconcile the Sc
Material precedent Of 1906 with the doctrines Of
gentlemen who oppose the resolution now under
consideration. On what, sir, Is their whole argu
ment built lsit not the assumption that each House
OF Congress, in being required to kcepa Jour
nal OF its proceedings" is lound 10 prt,srue TO all
future time therccord Of each and all Of their pro-
credings thai every act of proceeding Of either
House should he entered on the Journal; and
once truly entcied there that entry can never
thereafter be touched, altered or removed, but
must remain as 1t is, without the change Off letter
OF comma, to The :" last syllable Of recorded
time y Now, sir, can il be commended that tho
presentation Of the memorials of Mcssrs. Smith
and Ogden, by member of the Senate, the read
ing otthesc memorials, the action taken upon them
by the Senate, we're moi proceedings Of which tho
Constitution requires a journal 10 be kept' We
have already seen that the rules of the Senate, a
doptcd for the purpose Of fulfilling the Injunction
ut the Constitution, expressly require all these
things To be entered on the journal. Can il be
pretended that these matters not truly enter
edi by no means. In every possible aspect,
then, IN which tue PROCEEDINGS OF this body, in
1900, can hn viewed, II utterly prosi, ties the
whole fabric NJ ifohuicai refinement on which Tho
arguments, OF gentlemen against the power TO e1-
pnnge have been aiscd.
\ case = rNpnnging, involving precisely Ito
salnc prinei aud leading II tho same conse-
qornce, occurred III the House OF Representatives
not many YEATS Il %. On the o;ptl, of February
1920, Mr.. Randolph. of virginia, being Informed
. that Mr.. Pmckncy had ,Si died in this city,
(whcrc lac il'cn was, ros and announced the event
IL the House with llic impressive eloquence which
the loss Of such u man naturally drew from n &c
Mus OF kindred inspiration, and moved an mme-
,lilt,t iii la.
appeared that Mr. pinckncy was not dead a, tho
time TINT Mr.. Randolph communicated the event
10 the House, though he died some few hours af-
ter. The fact, however, ol Nh, Kandolpls hav J.
announced the event, and the consequent ad ouri+
mont OF the liousc, we've necessarily entered on
the journal as part Of its proceedings and the
following day, MIR. Randolph after an explanation
oi the circumstances, moved that the entry on tho
journal oi the preceding day should be frpanged,
which was ordered and accordingly done. Now.
sir, il the extreme and, might well cali it, super
,,iou> strclness which is nov inrnlcatcd in re-
gard to the sancliiy and mvioabili,v OF entries
once nn,dc ON our journals had prevailed then, lhs
cNpnnotlon however simple and proper IN iset,
could not have been made. II will be remarked
thai there was no mistake in the entry made
the journal. The entry not oi Mr.. Pinck-
my : DEATH but OF the fact that Nr Raadoiph
on giren day announced 10 hc Home HAT Mr..
MI. L. was dead, and then moved an Adjournment.
That fact was irulN entered, precisely ~ II occur
red. II tl,cro had been mistake IA the entry, tho
motion would have been the ordinary one to cor
ret, and NOT the extraordinary one 10 grange it.
/ II, moreover, the doctrine earoesily con-
| tended lnr h., gentlemen were we'll founded, that
Transaction or proceeding in either House
truly entered on its Journal, the entry stand
| llrIc 10 all future TINE, and cannot be touched or
! changed IN II letter or u comma, without viola
ton OF the Constitution, then Mr.. Randolph, in
stead OF the short and obvious remedy oi un ex-
junction Of the entry Of the preceding day, could
have eonstituiionaly attained his object only by a
distinct entry of his explanation or the journal Of
the succeeding day.
! But, sir, the Senator from Louisiana, even con-
crding the power ofcach House over entries pre-
vlonsly made on its journal, contends that this
power is limited to the current Congress, and thai
the Senate on House OF Representatives OF sue
cecding Congress has no control whatever over tho
Journal Of the Senate or House of Representa-
tlycs OF preceding Congress. Without stop
ping To show thai this argument, even il cor
rect in lis principle, would be wholly map
picabe to the Senate, which,. from the success
,ivc partial renewals OF lis members, Zone third Of
the whole being replaced by Now elections every
second year, isa perpetual body, chuose rather
10 meet the principle of the objection at once, by
lhth1oHAbh''llS HH hlh WIN hhc
nature 81 ii q legislative trust. 1t is inAdamen-
la prime in regard To legislative bodies that III
lllcr ordained succession by srtne of periodical
elections, one Legislature has precisely as much
and the same power another law enacted
by one Legislature, or in ono session OF a Legisla
tutc, may be repealed by another or during sub
r sequcnt session. What one resolves another may
rescind; and in like manner, and the same prin-
cpc, one Legislature has much and the sans
power over the legislative records another. In
this respect, there is Obvious and important dis
tinction between legislative and judicial bodies;
a supposed analogy in whose functions and pro-
coedings, has doubtless, mislcd the honorable Sc
nator. After the ad journmcnt or close of the term
OF court, its proceedings, its orders, its judg-
menis, its DEGREES, final and irrevocabe, SO far
as 1t dep, nds on us action IL has no power,
as legislative bodies have, At a subsequent term or
session, revoke, change, or set aside any thing
done by il at precetin. term session.
If error ha, been committed that can be-
, corrected after the expiration OF the term only by
higher tribunal, and certain limitations ol time
,rcscrbcd within which even these appeals to
higher tribunals must be prosecuted. SO imper-
alive is the maxim, " interest rtiPubbcG ut
SIT fnis itium." the public rcpose requires
limit to be fixed to judicial controversies. The
ture of the legislative trust howe, r, beng altuc
lIcr different and requiring that the exercise anu
EXPIRE ssion OF the public will should BIZ at all times
unrttcred in matters of general concern. every
Legislature has an unlimited control over the acts.