Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1837-01-26
MIR. Wcbslcr's Protest.

The debate having closcd,a the question
being about to be taken, Mr.. WEBSTER rose
and addressed the Senate us follows:
| Mr.. Presidents: Upon the truth and justice
of the original resolution of the Senate, anc
upon the authority Of the Senate to pass thai
resolution, had the opportunity to express
my opinions at subsequent period, when the
Presidents protest was before us. Those o.
pfnions remain altogether unchanged.
Il And now, had the Constitution secured the
privilege ofcntering protest on the journal
| should not say one word on this occasion;
although, if what is now proposed shall be- ac-
complshed, know not what would havo been
the value OF such n provision, however formal
ly or carefully it might have been inserted in
the body Of that instrument.
But as there Is no such constitutional pr-
vilege, | can only effect my purpose by thus
addressing the Senate; and rise, therefore,
to make that PROTEST. in this manner, in
the face of the Senate, and in the face of the
country, which ! cannot present in any other
form.
| speak in my own behalf, and in behalf Of
from the State Of Massachusetts, und,as such,
We Ho''"'"'y loiCst u pdihst tHiS "Hoie P'o-
ccedng.
We deny that Senators from other States
have any power or authority to cXpunge any
vote or votes which we have given here, and
which we have recorded, ,ngrceably to the eX-
press provision of the Constitution.
We have high personal interest, and the
State whose representatives we are, has also
u high interest in the entire preservation Of
every part and parcel of the record Of our
conduct, as members of the Senate.
This record the Constitution selemnly de-
clares shall be kept; but the resolution before
the Senate declares that the record shall be
Ierpunged.
Whether subtcrfuge and evasion, and, as it
appears to us,thc degrading mockery Of draw
ing black lines upon the journal, shall or shall
not leave our names and our votes legible,
when this violation of the record shall have
been completed, still the terms "lo expungc"
and the terms ITO keep" when applied to
record, import ideas exactly contradictory;
as much as the terms "to preserve" and the
terms "to destroy"
a record which is erpunged, is not record
which is Kept, any more than record which
is destroyed can be record which is prese'v.
ed. The part expungcd is no longer part Of
the record; it has noHongcr legal existence.
1t cannot be ccrtGed as part Of the proceed
ings of the Senate for any purpose of proof or
evidence.
The object Of the provision in the Consti-
tuition, as we think, most obviously is,that the
proceedings of the Senate shall be preserv-
ed. in writing, not for the present only, not
until published only, because n copy OF the
printed journal is not regular legal evidence;
but preserved indefinitely; preserved, as other
records nrc preserved, till destroyed by time
or accident.
Every one must sec that matters Of the
highest Importance depend on the permanent
preservation Of the journals Of the two Hou-
ses. What but the journals show that bills
have been regularly passed into laws, through
the several stages: what but the journal shows
who are members, or who is President, or
Speaker, or Secretary, or Clerk of the body?I
What but the journals contain the proof ne
cessary for the justification Of those who act
under our authority, and who, without the
power of producing such proof, must stand as
trespassers? What but the journals show
who is appointed, and who rejected, by us, on
the Presidents nomination.; or who is acquit-
ted, or who convicted, in trials on impeach-
ment? In Short is there, at any time, any
other regular and legal proof Of any act done
by the Senate than the journal Itself?
The idea, a,thereforc, that the Senate is bound
to preserve its journal only until 1t is publish
ed, and then may alter, mutote, or destroy il
at pleasure, appears to us one Of the most ex-
traordiDary sentiments ever advanced.
We are deeply grateful to those friends
who have shown, with so much clearness, that
all the precedents relied on to justify or to-
excuse this proceeding, are either not to the
purpose or, from the times and circumstan-
ces at and under which they happened, arc no
way entitled to respect in free Government,
existing under written Constitution. But,
tor ourselves, we stand on the plain words "
that Constitution itself A thousand prccc-
dents elsewhere made, whether ancient or
modern, can neither rescnd, nor control, nor
explain away these words.
The words are, that "each House shall
keep journal Of its proceedings" No gloss,
no ingenuity, no specious Interpretation, and
much less can any fair or just reasoning re.
coDcl'e the process Of expungiDg with the
plain meaning Of these words, to the satisfac- /
ton Of the common sense and honest under
standing of mankind.
II the Senate may now expuDge one part
Of the journal Ola former session, n may,with
equal authority, expunge another part, or the
whole. II may expunge the entire record OF
one session, or of oil sessions.
II seems to us inconceivable how any men
can regard such power, and its exercise at
pleasure, ms consistent with the injunction OF
The Constitution. IT can make no difference
what is the completeness or inconplctcncss
Of the act Of expunging, or by what means