Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1837-01-31

tercsi IN the entire preservation Of every nan
parcel Of tho record Of our conduct, as me ub,,
the Senate.
This record the Constitution solemnly d.cl,.
.hall be Kept bot The resolution bcfpfe The Sem
declares that this record sbsll be elpunged
Whether sub,erfuge and evasion, and, a. Il,
pears to US, the degrading mockcry Of dnwa,
black lines upon the journal, shall or shall -
leave MINES legiblc, when this violation of N
record shall have been completed slill lb. tefu
90 expguge' aud the terms "io keep" when, 4.
piled TO a record, import ideas exactly contradict.
~ as much so as the terms "to preserve a.
the terms "to Destroy
A record which is srpungsd.ls not record sh,c
is kcpi any more than record which is dcsiroso
can be record which is preserved. The part 81
plunged is no longer part Of the record II has o.
longer legal existence. II cannot be certified l.
part fiho proceeding Of the Sc nate, for any pu
pose of proof o. evidence.
The object of the provision in the Cons,itula
as We think, most obviously is, that the proess
ngs Of the Senate shall be preserved. IN wrlN
not for tho present only, 10, until published oo1
because a copy of the printed journal is not rev
lar legal evidence but preserved indefinitely
preserved other records arc preserved, tn 90.
sttovcd by time accident.
Every one must sec that maitets of the highes
importance depend on the permanent ptesety a,ioa
of the journals of the two houses. What but N,
journals show that bills have been regularly pas,ej
into laws through the several stages; what bit
the journal shows who are members or who i.
President. or Speaker, or Secretary, ar Clerk Of
the body What but the journal coBairs the
proof, necessary for the Justification of those NGa
act under our authority, and who, without the
power of producing such proof must stand as tres
Pnssers - What but " journals show who sap
pointed and who rcjea7Sd, by Us on tho Presidents
nomination; or who is acquitted, or who is CON
vlcted, IN trials on impeachment 10 short, /.
there, at any time, any other regular and er,
proof Of any act done by the Senate than the ou,.
nal itself!
The idea, therefore, TINT the Senate is boupd,g
preserve lis journal only until it is published ard
then may alter, mullate, destroy it at pleasure
appears to US one of the most extraordinary sent
menls ever advanced.
We are deeply grateful to those friends who have
shown, with 80 much cearness. that all the precc
dents relied on to justify to excuse this proceed.
ing, 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 written Constitution.
But, for ourselves, we stand on the plain words of
the Constitution itself. A thousand preceden,s,
elsewhere made, whether ancient or modern. eau
neither rescind, control nor explain away these
wurds.
The words are, that "euch House shall xppp
journal OF ~ proceedings" No gloss, no ingenuity
no specious interpretation, and much less can any
iaiI or Just reasoning reconcile the PROCESS I'd
pups'ng, with the plain meaning of these words to
The Satisfaction Of the common sense and honest
understanding of mankind
II the Senate may now expuDge one part Of the
Journal OF iuimer session. It may with equal au-
thori!y. expunge another part, the whole. 1t
may expunge the entire record Of any one sessio H.
or of all sessions.
II seems 20 us uncomfortable how any meb aD
regard such power, and ts exercise at pleasure, ts
consistent "ith ;he injunction Of the Constitution.
IL can make no difference what is the completeness
OF Incompetence OF the act Of expuagng or by
what means done whether by erasurc, obliteraton
or deiacement hLy doto cement as here proposed,
whether one word or many words nre written Oh
the face OF the record whether little ink or much
ink is shed the paper ; or whether some part or
The v hole of the original written journal, may yet
by possibility be traced. lfihe act done be an act
10 e&punge, TO blot out to oblitcrate to erase The
record, then the record is expunged blottcd out
ooliterated, and erased And mulilation sad aIPy.
atioh Violate The record rs much as obliterston or
erasure. record subsequently altered, is not
The onginil record. II no longer gives just a.
count of the proceedings of the Senate. 1t is no
longer true. II is, in short no journal ofthe res
aud actual proceedings Of the Senate, such as the
Constitution says each house shall keep.
The Constitution, therefore, is 10 our deliberate
Judgment, violated BY this proceeding, ia the mos
/ plain and open manner.
! The Constitution, moreover, provides that the
yeas and noys, on any question, shall. al the re.
quest OF one fifth Of the members present be enf,r
ed on The Journal This provision most manifest,
/ gives personal right TO those members who msy
demand 1t, to the entry and preservation OF ihel
votes, the record Of the proceedings Of the bod!
not for one day one year orly, but for all time.
There the yeas and nays are TO stand forever, as
permanent aud lasting proof Of the manner 10 which
members have voted on great and important ques'
tons before them.
Bot II Is now inssted, that the votes OF mem
bers taken by yeas and noys, and thus entered OF
the journal, as matter Of right, may still be expun
ged; so that that, which requires more than fouf
hihs OF tho Senators TO prevent being pot on ID
journal, may nevertheless. be struck off and erase
The next moment, or at any period afterwards, b.