Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-04-11
VIRGINIA IEl.1SEATURE.
HOUSE OF DELEGATES.


Lave been submitted to the House OF Dclcgnlcs
hui for the refusal ofthc majority that body to
permit another protest, which had been offered
in relation to the same subject, 10 be entered on
Their journals.
The UNDERSIGNED, members Of the House of
Delegates, having, On the ninth day Of February
at the present session of the GtneIal Assembly
voted against the following preamble and resolu-
non, Whlrh constituted part oi the series OF rest
buttons then acletLnron and adopted h, this House
To- vii:
Mhcrea>. the Senate ol the nitcd States did,
on the 2Slh DAY ot March, 1891, adopt tie follow
ng resolution: Resolved, Thai the president
IN the late Nctnt>c proceedings IN relation To
The public revenue, has assumed upon himself
authority and power not conferred hv The cnnsti-
tuition and laws, but IN ,lctopaion of both" which
resolution nov stands upon the Journal OF the Sc
nate.
" And whereas, the General Assembly OF Viz
ainia REGARD tins act OF the Senate rs an aSsnmp-
ton OF power not warranted by the Constitution,
and calculated II >uhvcit the rights oi the House
OF Representatives aud the fundamental principles
of our free institutions:
d" Resolved h> the General Asscmbl, of Nir-
pmia, That the Senators from tins STATE IN The
Congress- Of the uited States be- and lhcN are
hereby instructed, Ia introduce and vote for
resolution directing the aforesaid resolution oi the
Senate ot hc 2Slh day of March, 1891, declaring
and " the President III the late xccutve proceed
ugS IN relation 10 the public revenue, has a>srm-
ed upon himself authority and power not confer
red hs the constitution and laws but in dcroea-
ton o both" 10 cxpuneed from the Journal
of the Senate OF the nilcd States, h, causing
black lines 10 be drawn around the said resolution
as il stands ON the original manuscript Journal,
/ and these words plainly written across the face
of the sand resolution and entry" NJ, Norp
u, oEplG ~ nm SrN,rr on Tur UNITED
SrArrs.'
And heng DESTROYS of placing on record, and
transmitting to prosperity, III the most enduring
form. the evidence OF our deep and settled oppo-
siDionto tie above rrcted preamble and resolution,
together with a lric exposure OF the grounds on
which that opposition rest, ,dohclcby solemn,
rrsT against the same:
|. Because the act required of the Senators by
the instruction, construed according lis oby lous
meaning and intent, i IN can>c part OF the Jour
nal of the Senate of The /. =. To he cAp,lnrrdn
OF in ohei words, lloucd ont and ctlaccd TO,
such, both III its popular acccptalion and is par
liamrntarN sense, The established Specification of
the term employed, Hithou, even an allegation,
from any quarter, that the pat OF the journal 10 be
cNpnnard does not truly record us il purpors to do,
the proceedings" of the Senate upon the subject
matter embraced IN II * hehc> ing, aSwc do, that
the execution ut this mandate would he pnpallc
violation oi the Constitution Of the | United States
IN that clause which requires thai each House
(mcaniug the Senate and the House of Rcprcscn-
tatives Of the Congress the United Statcs shall
keep journal oi its proceedings we feel our
/ selves bound hN the solemn oath, which, MS mem
bcls of the General Assembly, We ha>c taken to
support the Constitution, moi oul, to withhold our
tountr nance and assent from the measure, but 10
resist, To the utmost extent o our authority, n
farming and uneSampled an assault upon the So
cred instrument which We lave long been aceuS-
toned to vencrar the bond of union between
the States and the >ied and safeguard OF the poo
pics RIGHTS.
.. Because We do not perceive that the force
al the foregoing objection Is, m any degree weak
cncd by the accompanying direction rs tot mode
of attaining the object in view, the eApunene
of the resolution of tic Senate, "by causing
black lines TO be drawn around it, inasmuc,
as cApungcd' is the result ayowcdv propos-
ed, and the reasonable presumption must be,
the prescribed mode ofopclaiioni is not only deem
ed, bat in the execution Of the ordef viii be rem
dcrcd, fully adeqnaf,. 10 the attainment of the OBJ
jcct or il there be any insupcrablc conIraricty
between the mode and the object 80 as 10 render
a strict adherence to horll impractcable, thai a
substantial compliance with ihc injunction will de-
mand ihat tic ulodc SUGGESTED shall be made To
Weld To the indispensable llcanS Of accomplishing
the end and aim oi tine measure, the oblitcration
fotihp ohnoXiu,l, record; for upon any other sup
position, the authors Of tlc instruction would be
nnavoilabIy subject to tic imputaiion OF an intent
dilItron, from that which their words mpy--oi an
absurd mi>appcation otlhe plaincst words of the
English LANGUAGE, and OF the Inconsistency of re-
quirine through plaring pcrvcrslon Of the truth,
a thing TO be declared done, when ii had not been
done the resolution Of the Senate declared "cx-
plugged" when il had not been cxpunged
3. Because, itit were demonstrated TO us that
those who voted for the instruction., did not con-
template or dcSrc the eypuneing and blotting out
of the resolution oi the Senate, satisfactory Sc
the ultimate execution of the mandate shall be
conidcd, VII comprehend their views, so that the
Journal may not, nevertheless, be oblitcratcd, and
the constitution consequently violated, for the or
der to cXpunpc would, doubtless, be given to the
Senators in the very language used by the Gene
raj Assembly, which they could not assume the
responsibility of altering, and lis Interpretation left
to the mere ministerial agent employed to consum-
mate the act, upon whose uncertain Judgment
would thus be stakcd the safety of the constitution
and the tulGlmcnt of our sworn allegiance to it,
which we regard as of too high and delicate a ma
turc to be entrusted to the keeping of any but
selves, whilst every probability would exist that the
agent in solving the supposed ambiguity of cx-
PRECISION would decide IN favor of substantive
execution OF the order, according to the import Of