Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-24
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uon But the common who framed the Con-
shuon used the word in its popular sense synony-
NOUS with printing; and in that has been under
stood and executed by Congress So of this phrase to
keep journals the trainers Of the Constitution found il
e aud they used they found it, The traveller keeps
journs of his voyage the natural philosopher of his
experiments the Parliament Of its proceedings; and in
every case the meaning OF the phrase is the Our
constitution adopts the phrase without defining il, and
of course adopts it in the in which it known
in the language from which il was borrowed So of the
word proceedings; it is technical, aud person who
has not studied parliamentary law tell what it in
Guides Both in England and America, rules have been
adopted to define these proceedings and great mistakes
have been made by Senators in acting the
OF the Senate in relation proceedings executive
SION Grave debates have taken place among ourselves
to know what fell under the definition of proceedings,
and how far Senators may have mistaken tho import of
an order for removing the injunction of secrecy from the
senate proceedings Every word in this short clause
mas parliamentary sense in which ii must be under
stood: House,-keep,--pu publish proceedngs,ali
parliamentary used; must be construed
by statesmen with the book of parliaule nary history
spread before them and not by verbal critics with En-
TICK pocket dictionary in their hand
MIR. President, have borrowed largely from our
English ancestors; and because have borrowed,
results the precious and proud qualification that our
America new ranks among the great and liberal powers
OF the world We have borrowed largely from them;
cut, not 10 enter upon field which presents haus
Bile topics limit myself TO The precise question before
me SENATE Then, sir, say, we have borrowed from
England the idea of this Congrcss--its Houses
their organzalionher forms Of proceeding-tlie laws
Tor their goyernmenand the general scope of their
powers and of their dues-with the very words and
phrases which define every thing; aud clear and
solue is all this, that, whenever altered mod
fled by our own Constitution, laws, and our
own rules, the British parliamentary law is the law
10 our Congress, and as such is read, quoted, and
enforced every day. The English Constitution
CURES ParIiament--n Parliament of two Houses;
and it requires each House 10 keep journal of its
proceedings; and that duty has been performed with
hdeIty, Jealousy care and courage which shows
them to have been vgiant and faithful in the pre-
servalion OF their journals be. The pa
ges of their journals traced back in continuous
lle eli of
the English House of Commons was the Keeper of the
Journal and he took an oath 10 nuke true entries re-
membranes, and JOURNALS, Of Tie things done PASS
ed ii The House Of Commons. As far back i6ll the
clerk was moved against for suffering lis Journals
papers committed to his trust be taken by members
OF the House from the table, and it was declared SHUT
icaS fundamental order Of The House that Tie clerk
oho as the s'eorn officer, and entrusted 10Th the entries
and ne custody Of The records Of tic House, ought
10 suffer any journal record TO be taen from Tie ta-
Die, or cut Of ms custody; and that If he shall hereafter
do az after hts cGTHing that at has peril he shalt do IT,
Many. instances the parliame nary history of
England, of reprimands upon members slight
and innocent alterations in the Journal and merely To-
make them comfortable TO The fact the House of Com
mons permitting none but the House itself to NEEDLE
with the journal; and when King James the First sent
for the journal and tore out of il the celebrated declara
ton OF their privileges, which the Commons had made,
the House took eecual that that should
be the better known and should be held the
or hat very attempt 10 annhiiate it, And TO comprise
the whole ia word and show the reverence which
The English Parliament had for their journals the two
Houses, as lar back as the reign of Henry the Sixth
by act OF Parliament, affirmed them to be records
ana compelled the Judges to recognize them such
(S!r EdioaTd Coke TN Inst. %, "a This suG
to show the high and sacred character of their
journals in the eyes Of the English Parliament but s
high and sacred character did prevent the Houses
each IN It's sphere from rectiiyng any mistake in the
Journal, expunging from it, by total deliberations any
entry that unconstitutional untrue ia law or in
TACT, or unfit 10 be drawn into future precedent The
business OF rectiying mistaken entries in
the Journals is as old as the journals themselves. The
Iecuhcatlon Is made by committee appointed inquire
INTO The facts and to report them the House; and there
is no Limitation OF time upon these inquiries. Instances
occur In winch the erroneous entry has been corrected
four years after the mistake had occurred The expunc
uon cxpurgaton of the Journal and that by total ob-
teraon OF any improper matter put into it, early at
least in England as Lord Straords in the reign
OF Charles The First, and late the hIiddescx
election case in the reign of George the Third have
found instance in which the right the power of the
House TO cxpunge has been questioned. / have seen
no instance III which the duty TO keep journal Of its
proceedings has been set opposition any motion
TO exPunge UNFIT matter from the Journal and therefore
hold IL 10 The settled law of Parliament that each House
has power over IFS Journal both TO it, and
10 etiace Objectionable matter from it, And this Mir
President, brings TO the law of Conpress and Inc
power OF the two Houses their Journals. What is
the law OF Congress III regard powers and dulies
It's the Len FariianentdTia is the law Of Parliament
except where changed, modified by ourselves! This
Is so entirely the case, that every book that we have
OH parliamentary law is English We have not Il book
on the SUBJECT nor even Treatise nothing but the
Manual OF MIR Jefferson, which is in itself on abstract
from the English books, with the changes and nodfca-
tons made by rules and Constitution Our whole
code Of parliamentary law is English; and whoever
wishes to understand it, goes the quarto volumes
OF otsci and the less yolumnous compilations Of Grey
Elsynge aud Doves. MIR. Jeiiersons Manual is little
more than index TO these books, and is declared
by himself aud intended TO supply, ia slight degree
the want Of those books in this country His own words
in his preface and the authority of English paramenta.
practice, where not controlled by own rules and
Constitution will be too instructive this occasion to DO
omitted, and shall accordingly read passage from the
preface TO his Manual:
Considering therefore, the law edngs Senate as
Composed OF The pcceps Of the CoBoa regulations
sonae and, ts,e these silent Of the Parliament have
collect these as h called Tor IN
ordinary practice, coang the Parliamentary tic sonato
for my own yernynont as Ia 5enr
by am 80
information; among which Mr. Ilaes no vaabe ot - ~,
obliged other authorities support number OF com
nlos OF practices to which bis plan dd
The auihorly Of thc English parliamentary law is
here recognized and brought action over the senate
and the rules Of The Senate silent; and on the head
Of e&pGngug, both silent the English parliamentary
law, therefore, takes effect. IL is purpose that
gentlemen may fccur 10 that poor little word keep; il is
~ the English Constitution, ond in the English paria
mcntary law much as il is u ours. Bot no ono in
England ever thought Of that word except an nunc-
lion 10 make journal. No thought of il as
constituting the House Of Commons, the House Of
BOsds The caoS, Keeper, presever of the journals;
Office which cannot be performed by collective body;
but icfe as here and in law well in iacl the Sec
rotary and the Clerk the keepers of the history of their
written Aud thus hold that tie right Of expunging,
even 10 entire oDteraOn, is completely made ou, Of
course Chat there be objection the mode Of ex.
puDgng nov proposed; mode that saves the remedy
aud avoids the obJocon and eifectJaiy oxpungcs with
out Che least CELEBRATION
Thus far blr President, have examined this obcc-
zion verbal point Of view aud shown that thcfo
~ nothing 30 II, in that contracted aspcci pre-