Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-04-08

special and limited exceptions as nave Dee" N"''
approved by the public lndsne - the practcn fulfil
P!ih; nu,,l;caon when made, Is 'i'e I 49, C,;,,
ih's denomination Of the design oil Inc tonS'l'"'
ton in requiring journal 10 pG NJ Ill G.uIs that the
os P, , far which journal is required tn or kfpt Is
r4 rIi..uiic information 10 our constituents Oh cur
u kd;ur.: and that Information Is ~ bc gwen, as c
t:onslutinn provides: by me ms o. l'""''cati",: ~
| G =, ,,nr Of the journal itself. Th" rr'iliston 10
t,rn journal. which gentlemen have ind 81 'nucil
Stress is therefore merely introductory "r wnat ''e Jaw"
y,rs call matter If iudcslcnt on to thai which forms
the life aud substance Of the proriS'n TO vii INC "
itrgton from time To t.nc. "a The nnrna. The "h:'
structure and sequence u the sentence Si$ta;i's tis III
deportation Each House shall keep 'ur"ai u Us
proceedings. and from tic to time p"t''S" '!'r SAM
It is evident that the V hole priccA virtue AID e''e"'
Of the provision is ia the latter nri;Irr o! the sentence,
and nl the lru.r would have been m ird ana corn
pretended in IT, Trough No" expressed; II VIII u SEEN
la: the c:rrsi;;"g provisions Il" me AFtc" ~ |"H'
federation WAS :i,,:vd uicillr t!S sa; lar, pre-
suooosnu The krepng III journal E;acr ol Course.
it rrncccG,! t. rcqIre That Congress S!a.!
publish ll., ;arna Of Ir proceedings monthly, excerpt
r suc! paris i.;iC. relating to ratirs aliiaceS or
military rpcra!o;a, as, in their jud genl, require Sc
cr.sy.
Nninu was said OF te-p;ng journal, that being
ur,..suppo>td and 1rssay implied hulcan any one
doubt thou the Articles "f Confederation were silent
rs To kcrpirr l,urtl. that Congress was as much
bound To keen journal nl their proceedings under that
instrument, rs each House is bound 10 do under
the existing Cu;atiinti"n How could they make 'hr
required ncnhy publication at their journal, unless
journal we're Kept by ;rm; The rrqnisi,lon, therefore,
IN the present Constitution TO keep journal, is but an
c.r:essiuI r The! sake OF greater Iuness ot what would
otherwise have hrcm implied, and serves only as 4 more
formal introduction To the practical end and substance
III The cnIiI!iloIai provision The SUBJECT, and liial
with r' It ;.hat.ca!ty concludes, 10 wit h1 puhi!-
catiDn time time oil the journal. That pnlica'
lro made and Tie people put in possession o! the
aul..c evi' Of tic proceedings OF their agents
the purposes of the Constitution I!tcd: and tile
Of thp
lIcnccIorward IN official torIIlailty.'
Even if the true and only meaning of the reqnisltlon to
kccp journal that which has been so much INSISTED
on that is 10 yr scrrr do not gentlemen perceive that
the preservation of tn" journal Is fully ana most surely
accom- l:shcd in It's publication: i lie tiuusa:id a'0
Ten copies which the Secretary hl3 told us are regularly
printed and distributed by order OF the Senate I" The
members OF Congress- the various public functionari"s
to the State Guvrrnurnts To public institutions ana s"-
cices throughout the Union furnish far better security
for the preservation Of the journal than the most scrupu.
ous and vrsla guardianship al the original manu-
script; which, in spite Of every prccau"n might ye! be
last destroyed by inevitable accident These multiplied
printed copies, while placing the preservation "i tie
journal beyond the reach OF contingency, al the same
time for every practical public whether {" legal eva
Gence political accountability, footing Of equal
validity with the manuscript original
The numerous parliamentary preccdrns in England,
~ the power Of Legislative bodies over their Journals
are not denied hut is concnded that those prccrdcEts
should have weight here, because the Constitution Ui
the United STATES expressly requires that each House ct
Congress shall keep journal; while, IL: England, 1t la
said, such rcqulston exists III regard TO either House
ot Parliament The rcqusitI"n III the Constitution OF
tho United States. have already shown is but dec!hra
tory OF The natural and PrrexIstlng law "i all r:si"-
tive bourS Of whose organization and functions !; Is
necessary and nvariablc incident to keep journal Z"
their proceedings; and in this view ain bure out moi
only by the example OF The Articles OF ConlrIr-a,on
but by that Of several Of the State Constitutions which,
prr.sGppoSin. the Keeping Of j"urial Us matter q"
course, prov de only after the ri the Articles O!
or
,iur to time. But without dwelling farther on this view
Of the matter it is altogether mistake to say that there
positive requIsttio that either tGlse OF Parliament
in England shall keep journal Of their proceedings.
lind the classic historian Of that country stating that, III
Gn7 when the naSccn preenslons OF the SlnaTts. and
the spirit OF the age, first made the House OF Commons
scnsibc both Of lis Importance and responsibility as
arian oil the pibc liberty that body entered for
nal order FIR " the regular kcrp"g OF their Journals.
Subsequently, in 1921, as learn from another auIhcr
- less auhcntc, (lialsell entry was made in
tie journal Of the House Of Commons. the motion
of Sir Edward Sackyc. in these words: " That all eur
proceedings may BE- entered here. aud h rrcu.:s.
Now, sir, it very remarkabe That these Lwo ORBITS OF
the House Of Commons contain tic Identical language
Of The Constitution of the United Slatcs 10 wt that
Journal shall be kept Of their proceedings. In each "t
hr the magic word to k'cp, which srH's to have e.
lted So rntr, spell the mag EaCnS at trnticn'rE.
is found, and. vet know, II h1s never m"n held t.
be violation OF inconsistent w!i S order Ia ittp
i journal of their jE0ecCdngS fer iii" House "t Com.
mons. in certain G""cs To app an r,cIua corrective" 10
wrnn!ul iupruy:cnt cirirS previously made III Ii.
H. may br SAIL. however. !la :s order h':a2 made 10y
the body itSr!f il chligalury lis action. 10
this, reply, that IL" rules prescribed BY parliamentary
budrs for their Government. are always binding Gi,n
them till rcscindrt or r"p"ard AMI while ruir "l 0-.
der is retained, nothing nconsi.rr with it can Ia; Lurc,
uuir:s the rule b. first suspended by v"lc q" The body
Such is the lnvnr!a,l" practice, bath u; this and the
other House t" i"n. rcsS, is q Legislative buucS else
| where.
Bat this matter stands yet higher ground. An act
Of Parliament, vic all wi! a!,n is binding the
sprclivr Hou-rs. ana which neither House can rcp"a!
control by ii: separate action. virtually requires lur
nal he kr;,t !y the I"us" 81 Cr,ri"is, requiring
certain entrees b, :adr in L. refer ~ the statute u
Henry VIE, which pr"riirs. tat the license i"r
departing. from their service SHALL be entered
u rrcnld li:G book OF the clerk 81 the Parliament,
appunlrd, he appointed for llh Commons HCisr.
I,r b,"k al: Tie clerk for tlr Commons House here
!rr,d to- ati which certain things required To DC
entered ri r|rard is OF the journal Of TIE House
iiH. h"w tjr.- entries IL made i'll t!!r journal,
less journal lie kept This act al Parliament, there
lore, requires ard virtually cnInaiS The Keeping q"
lunal by TIC House Of C"ulaonS; just as the articles
o confederation. already referred To-, in providing that
Congress shall publish the jrurnal Of its proac dings
monthly, virtually requires Congress t" krepa jnIrla
i" otherwise The required publication could not take
place.
Justify the rejection oil the British prcccdrnts this
subject, is net founded Ia just view 81 the Constu
lonA parliamentary history OF Ia country. The two
Houses o; Parliament are, in fact. bound and required
To icrp Journal OF their proceedings well az the two
Houses OF Congress. They boai.d to do ~ The
very nature Of their institution by their rules and by
the virtual command Of act ui Parliament. IT, therefore,
a similarity, community Of principle could in any
case, justify arguing from the institutions and nsarcs 81
the country. 10 tos Of the ohcr 1t iscerlamly upoa
question hike The present lind tina! much Use VAS made
another and recent occasion in this body Of British
parliamentary prrceden!s, by gentlemen VIII"
inclined 10 d'Savnw and rrlrct ,!cm altogether III at
not mistaken, the Senator from South Carnna jMr
Cahoun) on'tirc question which earnestly and
ably drbatrdere recrntly to III: right oeirr House
refuse to rcrTre prl!tinn introduced Hatsc< work.
the grca, repository OF British Parliamentary prrc"dtn!s
aud Grew largely from ii in support Of c position liz