Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-04-08
,s'yvesaty-fouvasa Jo-ags'e.s--z%a s2s s
IN SENhTE-.M.rch -, go

Mr. Clayton moved e r"s'!u'is ' ,,,s, M. dis
from Missouri should be taken up "a MA o.non being
cusson upon them might pf''eeo'
Mr., Rves then rose, and addressed liz ~ ''''>
stance as follows -, pros;d,p. be tis,asrd to do
IL no ot!'e! Ser inc opr..lunily afforded by We
So WIN % ,n Senate! from Delaware, 10 lfo1o'c '''e
senate with remarks on t.r .;, +, ,
siIcrn.iea In doing so, 10 n't ;.,:, ,r
4o M g.: discussion by Tic resolutions {" the SrlL" T
Sn, Missouri. My purpose will ne To c"nt"c u" ;s', ~
ss.nt strictly 20 tie constitutions! question: winch lids
Lren raised 20 tie power OF THIS body l" exp @
is journal an entry heretofore nadr upon H. trusting
10 lie indulgence Of The Senate III !u,ure *Agr III
The discussion he perElt.cd to preSrn; my views ol
the other highly important questions iET"''e" III Tue
general subject propose thus 10 iint 't !e'a Ns ''
The nresent because tie constitutional question IS hu
raliy and properly preliminary to all the lest: standing
first in the order OF dscuSsio well Is first IN import
aucc; for however justly ULnoxocs drrii The Tr>"iu
ton of March, 1854, to The vari"us exceptions when
have been taken to it, certainly ought ot ~ be t-pGHgca
unless under the Constitution We have the rlgui an
thority to do So 1t rc:r to con:'e my fena!kS'
for the present. to this single view ot tr SUBJECT m I've
further reason, that as YET tile able and uc'u
of the Senator from Missouri On the other DranchrS III
the di;cusson have remained without any answer, or
even an attempt 10 answer them
A free pcoyic Mr. President, and especially the Gu
lgh.encd people of this country ae naturally anc wise
" Jealous of the observance OF their fundamental Law,
and acuely sensible any violation, actual or Erdita
ed Of its PROVISIONS Hence II is: that IN lne warfare g"
parties appeals Frequently made IL ,n:s t";ic
instinct in the public End. and alarms, often gronHdcsS
and artificial attempted to be raised in regard 10 the
curly of the Constitution. Hence 1t was, prrSuhr
that in the memorable contest Of which this chamber
was the theatre years The President was uri"uc'
ed US an usupcr of ungranted power, as vI"ato ot '
Constitution aud Laws0. his country; whcn, fall that was
alleged by his adrersares could be sustained, IL """"
have made but Of the nIsapPNca'lon or abuse
OF power granted both b. the Constitution aid The Laws
IIut, th,n r,IS,. Slnil
ue,o y.nic is attempted be raised by u!Gng the
image of mutilard records and violated CONSTITUTION,
nnd that the exercise Ct lawful discretionary power
over their journals and proceedings, which aS been
known and admitted the orig Ut Legislative bp-
dies and is familiar in parliamentary praccc wherever
such bodies exist represented is something INDUSTRIOUS,
ir;ru,cus and even ieonuus. If Ientlti.rn expect:
thus BIZ the Of strong language bald assc.Eon and
vehement dcnunciaon cuiry The public judgment by
storm, they will my humble urnI"n ilna Themselves
woluy deceived. The public mind is, al this :,oIenl
CALM sc:baanccd scruuizng, in4uls,lirc, and Instead
OF mere assertion and vaIic drnuaciaon, II WI! require
reason, argument, proof
II is in lh;s spirit Mr. President ,.a: s!ail proceed
to the examination o the objection which has been uiadr
to the proposition under consideration, on ltc ground
that demands act TO BE- done which! forbidden 10y
the Constitution. What, sir, is the a'Ju, ut Of ga
tc.nen this sui ect far argu:cn. has Icrn At
tempted? 1t is, that the Constitution requires that
each House shall keep journal Of lis proceedings,
an entry made upon that 0urna! can never !cfc-
utter Dr., in any MANNER touched, altered, Or re"n"cJ-
that if we do so, fall FROM that n,rlnent, III the lam
guagc nt the Constitution, 10 :" Keep journal ol our
proceedings" The conncXun between le premises and
the conclusion in this rpaSCning Isl must cUnlcsS, MIR.
President, to my mind incompsehensIbc. Ii ls body
shall b. formal resolution, entered its j"ufnaI d.
rect previous entry, iuprovdeny, wrongiuly or cr
roneoSy muGe to be corrected or removed, dues 1t fol-
low from thence that do lut still keep journal =
On the contrary his very proceeding, III being entered
On the Journal and enhodying the Whole history OF the
t1arsaction is Itself iuent Of the nsliLutiuna IA
tI,n -
writing down. trol dag ITO day, day transactions as
they translre.
But ii is aot my intention, Mr. President, to discuss
this question lac ce.;eS O! verbal criticism. cloose
rather to take il Up broad views Of the common
sense and practical meaning and operation OF the Con-
stitulion. While the Constitution requires that each
House shall keep u:nal u lis proceedings, ii does not
direct hyio that journal is to be kept lie !G!:.'r oil
keeping il, what IS TO be put upon ii, what nol he ma
ture tie orm the u"ss OF the entries, are all mat
tiers left for the regulation and control OF the body whose
duty it is to kac? Tie Journal la these Respects there
is orcl. diversity usage auioug Legislative bodies
Bv some the b!i! presented iur lis action is spread
on ,;e rurna donr during the two li:st Con-
crosses uadc the present Constitution BY this body Dy
others Inc title Of The bill Only entered The jour
nal, is the practice .ptn Ut thus house and the
other branch Of Congress. BY some, the reports Of cui.
In,ees are entered in full the journal, done
b. the old Congress una=r the Articles of Confederation,
and is still practscd, believe by tie Legislature Of
Virginia. BY others, The resolutions only, reported by
committees admitted 10 place on the Journal hc-
cordng the rules and practice Of some Legislative L
d!cs. as for example, Of this proceedings IN committee
Of tie whole entered on the 'uIna while Ill others,
as in the II. Of Representatives, notice whatever a
pears on the Journal of what has been G0Hc III cu:.ii
tee o. the whole. might mention ";a.', rs illustrating
the discretionary powers which every Legislative hvGy
possesses Journal, the apparently a;onul>
pract lice founded however; long usage ~ IT, In ;S
House. and the o,ilcr tieir Respective JOUR-
nails the messages Of the President, though forming
a part Of their own proceedings e! NE;cl oE!y tly
required to keep journal.
1t results from these considerations that, although
each House Of Congress is bound 10 keep uura! o;s
proceedings, yet that Journal, Ia the ,i
keeping it, the nature and character III lis contents what
is 10 be upon it, what not IS necessarily s,: .ctr H. Tx!
control ofthe body whose duty il is - Keep II. This
troll is an inscparabie part of that st gprtHag power
all matters of interior cconVry and parliamentary rrinr
which the Constitution expressly Delegates to either
branch Of the Legislative department. Eac& Ha%c, W
the Constitution, is "to choose It's own Speaker VI
President and other officers So" Each House, aSA, sl:l
be the Judge of the elections, returns, and qualifications
pitts own members -"Laeh House may determine l,r
rules of its proceedings. punish It's meinbrrs ter DIS
orderly behavior, and with The concurrence oftWo Thirds
cxpel member --sEach House shall keep jourEs
Of ITS proceedings, and from lpe 10 time, pak!s.
the same, excepting such parts as may, in their
Judgment require secresy In regard 10 all these powers
and functions, very large dsc:e,I"n necessarily LEFT
either House, in the exercise Of which, abuses, doubt
less may be committed But the POSSIBILITY OF gbaSe is
argument against the existence OF power. Congress
has, BY express and unequivocal grant IN the CCsu
ton, power "lo lay and collect taxes &c, and
raise and support armies In the exercise CT these pow.
ers Congress lat raise even in time OF profound peace
an army OF halt million Of men, and levy upon the p"or!e
annually two three hundred millions Of dollars Tor trIr
support: converting half of the nation into soldiers
and the other hall into paupcrs There could bc no grosser
abuse; ana yet the constitutional power would still he
indisputabir Where il has been deemed necessary and
proper for the public good an. particular power
in the Governuent, or department OF it, the Cosli,u-
ton grants The power, and Provides securities aa:s,
aliun az iIr 80
vernnen. itself. The periodical election Of The uubc
functonaes by the people, and ior the most part for
short tcrms their responsibility 10 their constituents and
the constant influence and Control Of public o@;nu arc