Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-05-05

he would still be entitled 10 hs office. tlirn aci
of exnungins the entry of confirmation Is uiau-
lhorzed and void. But the consequences vet
more elaring and rnormoas when come To
consider the possible application of tins capune-
ing process TO tc journal of our judicial pros r.d-
ing mani in,peaohed before tb, Senate Of
hisl, crimes aud msd, mcanors tried and con,ic-
ted. and sentence Of Interpretation for public ct
fee >olrmnlv pronounced nnon him the court Is
dissolved the Senate, afterwards, becoming enu-
WINGED ofthc injustice of the judgment and sen
tcnee o,dcr the entry of them to he ctPnngcd from
the journal II The Senate Is real, competent To-
invaliaate the JUDGMENT by eSIuueing II, his sen
tence is in effect reversed. and his iucapacity
moved. and At any rate II he shall be elected
member oftlc Senate while the cxpuuens Senate
j. in power, he vii be permitted 10 take his scat
there. But >uppose the accused acquitted, and tie
Senate, al future DAY, honestly imputine the az
auitfal TO parialilY OF corruption M the Senate
that fricd lis cause, should order the Judgment Of
acquittal Ia bc e,punsed from lie Journal, and
then a new prosecution should be commenced a.
eain>t him on the same charges, how could he
have the bentft OF that inc,tmahlc principle of
Justice, 50 dear 10 the People of tins land, that no
man shall be twice brought IN jeopardy for the
same offence how could hr plead his former ac-
quiilal, aud show the record Of the fact II the
Judgment should have been literal, cNpunecd from
tho journal, it would br impossible for him 10
make good his defence. And if it should have
been fypicallv espunecd anl the record should he
produced, with black lines drawn around it
("blach, - az thc gentlemen from Missouri ,a,,,
=" black the iniu>ticc,'l and with the " avcn-
ginen sentence Of cslrnnction written across 1t,
his doom, apprchcnd, would bee equally ccf'ain,
nit should be his hard Late 10 he arragncd before
the same Senate that had thus o,nunscd the Tor
MGR Judgment of acquitlal. Agarp implorc zen
llcmen to torbcar. | pray God 10 put II in their
hcart, TO pause, io reflect upon the consequences
involved IN the principle they maintaining,
and 10 spare country HE establishment OF pre-
crdent that may be- alleged hereafter rs an exam
pile aud authority for wrongs like these.
iiut 10 all appeals and all arguments, Of this
Kind, nv colleague has ono general, compcndinus
al-Suthciug answer: that il is not fair 10 argnc
from the possible abuses OF IA power, against the
existence Of the power. Did he not perceive that
that remark, a> he applies II, would equally serve
an answer to all objections To an assumption 81
any power whatever, which should be dangerous
IN itself, as well as unconstitutional Or, doe. he
think that an unconstitutional power Is less la
bic to abuse nana constitutional onc' Sir the al
gument am urging against the proposition he has
maintaiucdis, tia, it involves other principles PLAIN
!, unconstitutional and show the application of
which 1t X susceptible, 10 other uses Of the same
kind, III order toeNpose the inherent wee Of the
proposition itself have not been arguing from
the abuses oi THIS rNpnnpng process, but from the
osrs which the principle, II constitutional aud lu>r
would As well Justify as the 10 Which 1t is now
proposed oappy II. And no one, should dunk,
ought TO be mate sensible than my honorable col
lea -. "f#ho eSfrnt 10 Whicl, the authority ID
prre. T.. = a1f be strained for he has gwen us a
notable cNaprte Il ii himself, IN the application
he la, made TO lis present purpose, OF she two
instances olrNpnngiue that have been found in tie
proceedings OF the Senate.
As to one of them, have on, To state it, Mr.
Randolph, having received information ol the
death OF MI Plnhnry, announced il rs fact to
the Senate and the Senate, to testify It's respect
for the memory OF man who had once been 80
Distinguished a member of lis own body, nmedi-
atclv adlonnrd expressing, of course the reason
al ,e adjournment, Which WAS entered bv the
Secretary on li> minutes. II TUNED out how yer
that MI Pmkney WIS not Vet dead aud the
next morning, when the Journal WAS read, aeroI-
div IN the rule, " To the end that any mistake
might he corrected that had been made in the en-
tries the Senate ordered the entry stating the
fact OF Mr.. pmkncv's death To be cNpunq,d from
iii Journal. Thi>waS not, indeed, asmv COLLEAGUE
says, correction OF mistake Of the Secretary IN
making the entry but II WIS Il correction of
mistake, IN point of fact, INTO which Mr.. Randolph
had l,,llcn, and had ml>cd the Senate Whether
the correction was strictly wllhiu the rule of hc
Senate as Ia correcting mistaken cnirics IN its lon
nal, no one thought OF inqurlng at the time, and
shall not now stop to inquire : the correction was
intended To be made in conformity with that rule
oi the Senate, Tor making mp tie journal, which
the I constitution requires the Senate To keep.
The other instance OF rNIun"ing hv the Senate
Is hardly more important ia ITSELF bu, II calls for
more particular consideration. On In, 2Ist -
pr 1906, bciu" the last dan of the session. it
appears, by the rough minutes taken at the table
tina, Mr. Adams presented two petitions of s. G
Ogden aud W Smith, and the first entry ON til,
minutes IN respect To them is, " read, and 10 lie '
then. " motions bf rcjtttcd :" thcn the words b. re
jccftd struck ou'wirh PEN and instead of them
leave To withdraw inserted. After this, thcr,
Is an entry NOR. in dctail--thai " Mr.. Adam
communicated Two memorial, from = 6. O9dci
aud W. :. Smith, stating that they arc under
criminal prost Cntlou lor certain proceedings, int,
which they we've he'd by the circumStanc thai thci
purpose WAS fully known To aud approved b,
the Executive Government of the 'nircd Suites
(lhr prosecution, we know, was for the part III,
ncmpria>t> had taken in Mma's expedition.
compiinin" of such maitrcatmrnl by the diSlric
Judge OF the | nited States nj New York, dat lu
grand jury had made preScntmcnt against tn
lndsc for II, and pray i'm relief from Conares> am
then the entry is, on motion, ordered, that th
mcmoriaStS have leave to Withdraw their me
MORALS respectively Finally, the last minute q
the proceedings of this last day of the session was
on motion that every thnu in the ouyuUi RE- "