The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1836-04-08


eontrri of acts Of Parliament And We
nns Iook % al thess. % ascertain What
e0nsfiflaional provisions exist in Eng.
land controlling the rules Of The two
Houses II Parliament in regard 10 their
Own proceedings. | have looked into ell
these. SIR. and | do not find in any Of
them . single provision prescribing rules
on this suhIret 10 either House Of Psrlia-
meal. The matter is lsfi entirely 10 The
discretion and control Of each body. IL
foll"ws. therefore. lhsi The inherent right
which exists. I admit. in every legislative
assembly 60 requisite is own proceedings.
founshes in full force there. To the
possession and exercise Of that power
alone is the prscIice Of expunging 10 be
referred. Wholly unchecked by eOnsli-
tuiinnal restrictions they exert IL ss they
please. without stint and without control.
They arr under no constitutional Obliga-
ton 10 keep any journsl; unless rs mat
Ger Of convenience, suppose Ghey would
not keep any With such absolute pow
or over the iChole Of the journal. they are
of course complete masters over every
part Of il. They may expunge As they
please. or preserve. or not preserve. as
they choose. But hos stands the case
with Us! Have we discretion on this
Tnstier' Can We dispense with keeping
jonrnsl! And If We cannot dispense
with recording our proceedings. how can
we dispense with q portion Of them!
LEI The clause Of the Constitution slrea-
dy rIied answer these questions, and AZ.
Ger gentlemen have pondered on il. let
them see what authority they can derive
from the parliamentary practice of Eng.
land To justify the attempt 10 deface and
render obscure the constitutional record
Of this House.
In ccnaexion with this branch Of the
suhjers. SIR. let me refer for one moment
20 hat part Of the Constitution of the
Umled States which declares that the
yeas and nays shall, a. the request Of one
ifth Of the members present. be entered
on the journals. No such rule as this is
found in the Lez PariiQmeliaria of Eng.
land. No doubt either House might
adopt Il If they chose. But If they did,
coui. snV examples Of theirs. by which
it ~. reused in a particular instance,
dis.e",s us with the obligation to have
the enly made in all! Surely not: and
therefore, do not see why, without any
constitutional obligation 20 keep journal
in thai country. their precedents can en-
tighten US as 10 our duties here. BY the
way, sir. | should like 10 be informed
whether. by this expunging process, the
yeas and nays can also be erased from
your journal, and the members Of this boz
DIV deprived Of their constitutional right
TO have their names recorded and their
opinions registered on all measures on
'~hirh they vote. | suppose such prin.
ciple will he scarcely conlended for; the
violation would be too palpable. And as
there are no English precedenis to close
the gap which such an act would make
in the Constitution, il will hardly be
thought Of. Well. sir. # the yeas and
nays cannot be expungeG from your jour.
nal. what becomes OF this constitutional
privilege. aloe important to the consti-
tueni and the representative, BY which
the record of his vote is to be preserved
"A record Uhich 'ciH shoU the names,
but give no Information on whaf subject
they scere rscOr ied3 The whole procee.
ding. sir. offers f"e commentary on
the value If constitutional barriers 10 re-
sisting the passions of party in free go.
yerDment.
II is, however. said that our rules of
are m 4 great measure taken
from those If the English Parliament. or
were made IN reference TO them, and that
We are in the daily habit Of referring 10
them as guide in Cases neS and unpro
yided for. True. sir: but does not the
honorable Senator see, in this very cir
a very strong, If not the |
strongest reason against the Introduction ,
Of English rules Oh this question Of ex- ;
punglng! These British rules were once, !.
sir. not only referred 10 in this couhiry,
hey formed The law for the government
Of our colonial Legislatures before the
Revolution. The great men, sir, who !
formed the Constitution Of this country |
knew this perfectly well. They were |
also quite familiar with every thing in |
he history Of the English Parliament in
relation to expunging. and they knew |
,etter than / do, and quite as well as the |
honorable Senator from Missouri, the !
light on which the keeping of a journal !
stood there--ils limitations and its extent.
Now. sir, ask, if it had been their in
ention to leave that power at the discre-
ion of the American Congress, why in
roduce any rules at all into our Consti,
ulion on this matter! Why not leave
his par. of parliamentary practice to the
control of the Legislature, as they left all
he -est! Ii must strike every one, sir,
N reading the Federal Constitution, as !
most remarkable, that 10 an instrument of
hat kind, in which nothing 10 looked for