The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1836-03-25

bIcdt CHdItcE Vi all lltlI IlgHtS'
The effort has been made to hunt up pfecedents
to Justify this act. The pages of English Parlla.
me6taIy history have been ransacked, and an ar
ray has been made Of examples drawn from the
times OF the Jamescs and Georges of England
With equal force might examples be quoted to jus
tify an American President in executing capitally
citizen Of any one OF the States without the forms
Of trial. lie might equally be justified in the
use Of the bow string, because such i, the power
Of the Grand Seignor. The power Of the English
Parliament is unlimited, So is that of many OF
the States of this Onion, in regard TO this parlicu
lar subject. No precedent Gun have force 10 over.
throw an express enactment of the Constitution.
Under its provision, the Senate is directed TO keep
journal Of its proceedings. If i were permitted
TO look elsewhere than to that Constitution would
60 to Virginia for bright and glorious examples TO
conduct me IN safety. The first in point Of proni-
nence, although not in point OF time, is the course
attempted to be adopted by the Kings party in the
House of BurgesSes in l1G5, as to TIE celebrated
resolutions OF Patrick Henry, OF that period These
resolutions were deearatory of the rights of Br-
tish America. After their adoption, many OF those
who voted for them left the city Of Williamsburg,
thereby giving TO '4e opposite party the accidental
ascendancy; and they Immediately formed tie re-
solution 10 erPange them from the Journal But
by stroke OF policy as bold as 1t was Successful,
Mr.. Henry saved those resolutions from being cx-
plunged, which form at this day one Of the bright
est pages of Virginia History, and recorded on
any mans tomb would eternlze his fame. And
yet, 10 expunge them from the journal, was regard
I'd as much all act OF duty by those who proposed
ii, as YOU, gentlemen, can esteem 1t 10 be in the
case under consideration. They iailcd-and my
prayer, as citizen Of free country is, that yoil
too may be unsuccessful. Your postcrlty may
have good cause 10 rejoice in your failure.
Another example, almost as illustrous is 70 bs
found in the condnct Of Robert Beverly, during
the Administration OF Lord Culpeper. The hs,o-
~ of the incidents of the transaction are not only
instructive, but highly interesting, Lord Culpc-
per, armed with all the authority Of the Hing of
England, his master, ordered that resolution a.
copied by the House OF B1rgesses, during the 40
ulnstraton of Herbert j. fries, should bc cxpun.
ged from their records "HS highly derogatory 10
his Majostys prerogatIye." Robert Beverly was
Clerk to the House OF Burresses. Every effort was
made 10 induce him to produce tie Journal, in Or
der to have 1t eypupged. He was subjected 10 all
manner Of persecutlons but he glorled in his SUIT
ierngs, and his noble spirit rose in proportion to
bis prosecutions lie pcremptorily refused 10 CON.
ply, alleging " that his MASTER the House Of Bur
gesses, had alone right to make such demand,
and that their authority alone he burst obey
And too, reply to those orders WhIch are now gi-
ven mc,-that | will not expunge the records Of
the Senate until the Constitution, which, while u
is permitted to remain, is master over all, shall be
changed, altered, or abolished. ! on Will have full
opportunity, gentlemen, 10 appoint another in NY
place. For my part, will not consent to be made
an instrument 10 accomplish such an OblcCt--nor
shall envy any successor whom you lnay send
on such mission.
Had your resolutions directed me TO repeal or
rescnd the resolution of the Senate. would have
obeyed your orders, although with great reluctance.
| would, nevertheless, have felt myself constrained
to do SO By my recognition Of your right 10 in
struct me, That proceeding would have reversed
ana annuLcd the act complained of. Ii your Oh
iect was to vlndlcate the President in the authori-
tv which he assumed and still exercises over the
public money, and esteemed it necessary in order
to do so, 10 have had your opinions expressed taro'
me III the Senate Chamber, they should have been
faithfully represented. His vlndication, after all,
cannot consist in the form IN which ii may be ur-
gcd 1t is to be found alone in the legislative ex-
preston Of opinion and even if your declarations
IN his behalf were confined 10 your OWL journals,
the historian would not fail to avail himself OF them
as efficiently as II they stood embazoncd on the
heavens, From my knowledge OF you, am sure
that YOU would not be willing 10 pull down the
Constitution unnecessarily and without object.
In your efforts to Vindieate the President, YOU
have cast on me, in common with others, the very
reproach which you are pleased TO regard so Of
teusive in reference to him. You have publicly,
and before the world, declared a resolution for
which | voted to be "subversiye of the rights Of
the House of Representatives aud the tundamen-
tai principles of free government" II you design
10 charge me with inquiry OF motive IN the vote
thus given, your accusation would imply the high
est censure. But this do not aScr!be TO you.--
\ GU intend TO say no more than that your Judy
ment and opinion differs from that expressed by
me upon the subject out OF which grew the reSolu-
ton Of the Senate, and that the Senate committed
an error, which In its effects Is calculated TO sub
vert " the rights OF the House of Representatives
and the fundamental principles OF free govern
mcnt.' The censure which your resolution con-
ycvS, implies want Of correct Judgment on nv
part, in voting for that resolution, and nothing
more. II this be your mCaning-and | will not
permit myself TO think otherwIse--l am vet TO
learn how incur the hazard of subverting " the
ri rhts of the House of Representatives and the
fundamental principles OF free government" by
having declared IN substance, what as member
Of the Senate did by nv vote declare, that the
President had mistaken his course, and tina, his
conduct was Gin derogation of the Constitution
and laws Have done more in this, than you
have done IN your declaration And lnot, sub
NIT 1t IN all candOr, 10 your dIspass0nate udg-
mcnt, to say whether, was liable to trial on I'M
parchment before YOU, YOU would consider your
selves as having ALREADY pronounced upon my