Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1837-01-25

CONSTITUTION ~ "
" is, that the proceedings of the Sen
ate shall be- preserved, in writing, not
for the present only, not until published
only, because copy of the printed
journal is not regular legal evidence;
but preserved indefinitely; preserved,
as other records are preserved, till de-
stroyed by time or accident.
Every one must see that matters OF
the highest importance depend on the
permanent preservation of the journals
of the two Houses. What but the
journals show that bills have been reg.
ularly passed into laws, through the
several stages; what but the journal
shows who are members, or WHO'S Pres
ident, or Speaker, or Secretary, or
Clerk of the body? What but the
journal contains the proof, necessary
for the justification Of those who act
under our authority, and who, with.
out the power o. producing such proof,
must stand as irespassers! What but
the journals show who is appointed,
and who is rejected, by US, on the
Presidents nomination ; or who is
acquitted, or who convicted, in trials
on impeachment? In short, is there,
al any time, any other regular and le-
gal proof of any act done by the Sem
ate than the Journal itself.
The idea, therefore, that tho Senate
is bound to preserve its journal only
until it is published; and then may alter,
mutilate, or destroy it at pleasure, ap'
pears to us one of the most %extraordl'
nary sentiments ever advanced.
We are deeply grateful to those
friends who have shown, with SO much
cIearness, that all the p~recedents re-
lied on to justify or to excuse this pro-
ceding, are either not TO the purpose,
or, from the times and circumstances
at and under which they happened, are
no way entitled to respect in a free
government, existing under a written
Constitution. But, for ourselves, we
stand on the plain words ofthat Con.
stitution itself. A thousand %precedents
elsewhere made, whether ancient or
modern, can neither r%escind, nor con-
troll, MOI explain away these words.
The words are that "each House
shall KEEP a Journal of its proceed.
ings." No gloss, no ingenuity, no
specious Interpretation, and much less
can any fair or just reasoning recon
Gle the process of expunging with the
plain meaning Of these words to the
satisfaction ofthe ommon sense and
honest understanding of mankind.
If the Senate may now expunge one
part of the journal ola former session,
it may, with equal authority, expunge
another part, or the whole. 1t may
expunge the entire record OF any one
session, or of all sessions.
1t seems to us uncomfortable how a.
ny men can regard such a power, and
its exercise at pleasure, as consistent
with the Injunction Of the Constitution.
1t can make no difference what is the
completeness or incompleteness of the
act of expunging or by what means
done; whether by erasure, o~bllteratlon,
or DETACHMENT; if. by DETACHMENT, as
here proposed, whether one word or
many words are written on the face of
the record whether little ink or much
ink is shed on the paper ; or whether
some part or the whole, ofthe original
written journal may yet by possibility
lie traced. If the act done be an act
to expunge, to blot out, to obliterate,
to erase the record, then the record is
eXpunged, blotted out, obliterated, and
erased. And mutilation and altera-
ton violate the record as much rs OBJ.
liberation or erasure. A record sub.
s~equently altered, is not the original
record. 1t TO longer gives a just &C
count ofthe proceedings ofthe Senate.
1t is no longer true. 1t is, in short, no
journal ofthe real and actual proceed
ings of the Senate, such as the Consti-
tuition says each House shall keep.
The Constitution, therefore, is, in our
deliberate judgement, violated by this
proceeding in the most plain and open
manner.
The Constitution, moreover, pro.
vides that the yeas and rays, on any
question, shall, at the request of one
fifth of the members present, be entered
on the journal. This provision most
manifestly, gives a personal right to
those members who may demand it, to
the entry and preservation of their
votes on the record of the proceedings
ofthe body, not for one day or one
year only, but for all time. There
the yeas and nays are to stand, forever,
as permanent lasting proofofthe man
ner in which members have voted on
great and important questions before
them.
But it is now insisted that the votes
of members, taken by yeas and nays,
and thus entered on the journal, as
matter of right, may still be expunged;
so that which it requires more than