Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1837-02-03
DANIEL wEBsTER,s PROTEST.

! The debate having closed aud the quest ior
being about TO be taken, Mr. WEBSTER
rose and addressed the Senate as follows
Mr. Presidents: Upon the truth and JUS
tice ofthe original resolution ofthe Senate
and upon the authority of the Serate IL
pass the resolution, had an opportunity &c
express my opinions at subsequent period
when tho Presidents protest was before US
Those opinions remain altogether unchan.
ged.
And now, had the Constitution secured
The privilege of entering a PRoTEsT on the
Journal, should not say one word on this
occasion; although if what is now propo-
sed shall be accomplished, know not what
would have been the value Of such n pro-
vision, however formally or earthly it nigh,
have been inserted in the body Of that in
strument.
But as there is no such constitutional
privilege. 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 from.
speak in my own behalf and in behalf
Of my colleague; we both speak as Sena
tors from the State Of Massachusetts, and
as such we solemny PROTEST oguins this
whole proceeding.
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, agree
ably to the express provision Of the Con.
stltution
We have high personal interest, and
the Stnte whose representative we are, has
also high interest IN the entire prcserva-
ton of every part and parcel of the record
of our conduct, as members of the Senate
This record the Constitution solemnly
declares shall be kept; but the resolution
before the Senate declares that this RECORD
shall be erpunged.
Whether subterfuge and evasion. and as
it appears to us, the degrading mockery o
drawing black lines upon the journal, shall
or shall not leave our names aud our votes
legible, when this violation Of the recor,
shall have been completed, still the term
to expunee,' and the terms TO keep wheI
applied to a record import ideas exact.
contradiction as much so as the terms -
preserve and the terms 80 Destroy
| a 'eo""d ."h'oh ia osPmngod, is not n re
cord which is kept, any more than a recor,
which is destroyed can be record which i
preserved. The part expunged is no Ion
regal existence. 1t cannot be certified a
., part Of the proceeding of the Senate 70
any purpose Of proof or evidence.
The object Of the provision in the consl
tuition, as we think, most obviously is, tina
N cP, ho AL 1,
served. IN writing, not for the present only
not until published only, because copy q
the printed journal is not regular legal evl
dence; but preserved indefinilly; prcserv
ed, as other records are preserved, till dcs
troyed by time or accident.
Every one must see that matters Of th
highest Importance depend on The perman
ent preservation of the journals Of the tw
Houses. What but the journals show tina
bills have been regularly passed into laws
through the several stages; what but lh
journal shows who are members, or who
President, or Speaker, or Secretary, o
Clerk of the body' What but the journa
contains the proof, necessary for the justifi
cation OF those who act under our authority
and who, without the power of producing
such proof, must stand as tresspassers?-
What but the journals show who is appoin
led, and who rel ecled, by us. on the Pres
dent's nomination; or who lie acquitted, q
who convicted, in trials on impeachment
10 short, is here, at any time, any other re
guIar and legal proof Of; any act done by tn
Senate than the journal itseIf'
The idea, therefore. that the Senate
bound to preserve It's journal only until it
published, and hen may alter, mu,lla,e. c
destroy 1t at pleasure, appears TO us one {
the most extraordinary sentiments ever n,
vanced.
We are deeply grateful to those FRIEND
who have shown, with so much clearnes
that all The precedenis relied on to justii
or to excuse this proceeding, are either nj
to the purpose. or, from the times and Gil
cumslances at and under which they haT
pencd, are no way entitled to respect in
, free government. existing under n write
constitution. But; for ourselves, we stan
on he plain words of that constitution j,
self A thousand precedents elsewher
, made, whether ancient or modern. can ne
, Their rescind, nor control, nor explain ava
these words.
The words are, that "each House sha
KEEP journal of its proceedings" N
. g loss, no ingenuity, no speclous intcrprela
ton, and much less can any fair or jus
, reasoning reconcile the process of expuna
f ing with the plain meaning of these word
to the satisfaction Of the common sense an
honest understanding Of mankind.
IL the Senate may now eXpunge one pa
9 of the journal of former session, it ma
: with equal authority, expunge another par
? or the whole. 1t may oxpunge the entlI
record of any one session, or Of all session
y It seems to us to be inconceivabe no
= any man can regard such power. and i
a exercise at pleasure, as consistent wi
v the Injunction Of the Constitution. 1t CT